The RTI Act, 2005: Objectives & Main Provisions | UGC NET Commerce Preparation Course PDF Download

Right To Information Act, 2005, Key Provision and Importance

Right to Information (RTI) Act, 2005 

In a democratic system, transparency and accountability are essential for promoting effective governance. The Right to Information (RTI) Act of 2005 plays a significant role by empowering citizens to hold public institutions accountable and engage actively in the democratic process. This law provides every citizen the legal right to obtain information from public authorities, with certain limitations in place.

Introduced in 2005, the RTI Act transformed access to information in India. It created a structure enabling citizens to request and receive information from government bodies within a specified timeframe. The primary objective of the Act is to:

Promoting Transparency and Accountability

• Government bodies should operate transparently and be accountable for their actions.
• Citizens should be empowered to actively participate in decision-making processes.
• Efforts should be made to reduce corruption and prevent the misuse of power.
  

Salient Features of the Right to Information (RTI) Act

• Right to Request Information: Any Indian citizen can seek information from a public authority in writing or electronically.
• Simple Application Process: The Act provides a straightforward method for submitting requests with minimal fees.
• Timely Responses: Public authorities must respond to RTI requests within a specified period, typically 30 days.
• Exemptions: Certain types of information, like national security or personal data, are exempt from disclosure under the Act.
• Appeals Mechanism: If dissatisfied with a response or in case of no response, applicants can appeal to a higher authority within the public authority or to the Information Commission.

Obligations of Public Authorities 

• Proactive Disclosure: Public authorities are required to proactively share specific categories of information using various platforms like websites or public notice boards. This ensures that important details are made easily accessible to the public.
• Appointment of Public Information Officers (PIOs): Each public authority must assign a Public Information Officer (PIO) who is tasked with receiving and handling requests made under the Right to Information (RTI) Act. This helps streamline the process of information dissemination and retrieval.
• Maintenance of Records: Public authorities are obligated to maintain their records effectively to facilitate smooth access to information. Organized record-keeping systems enable efficient retrieval of data when needed.

Designation of Public Information Officers (PIOs)

Each public authority is required to designate a Public Information Officer (PIO) responsible for:

• Handling and processing RTI applications.
• Delivering the requested information or explaining the reasons for refusal within the specified time limit.
• Forwarding requests to the relevant PIO if they concern a different department.

Right to Information (RTI) Act Exemption from Disclosure 

• Information that might compromise national security, defense, or strategic concerns.
• Information that could damage diplomatic relations with another country.
• Information that might pose a threat to someone's life or safety.
• Commercially sensitive data or trade secrets.
• Personal information that does not serve any public interest.

It is the responsibility of the public authority to demonstrate why the information falls under these exemptions.

Right to Information (RTI) Act Information Commissions 

• Central Information Commission (CIC): The Central Information Commission (CIC) is responsible for ensuring that the Right to Information Act is effectively implemented at the national level. It acts as the apex body for all matters relating to the RTI Act on a national scale.
• State Information Commissions (SICs): State Information Commissions (SICs) are mandated to oversee the implementation of the Right to Information Act within their respective states. They play a crucial role in ensuring transparency and accountability at the state level by adjudicating on matters related to the right to information.

Powers of Information Commissions 

• Direct a public authority to release information.
• Enforce fines on public authorities that fail to comply.
• Suggest disciplinary measures against officials who are at fault.

Appellate Authorities

• Appealing Process: Dissatisfied individuals can appeal a Public Information Officer's decision to the First Appellate Authority (FAA) within the public authority.
• Further Appeal: If the response from the FAA is not satisfactory, a subsequent appeal can be lodged with the Information Commission.

Penalties

• Non-Compliance Consequences: The legislation specifies penalties for public authorities and PIOs who do not adhere to its regulations.
• Types of Penalties: These penalties may include fines and disciplinary measures.

Jurisdiction of Courts

Courts typically do not have the authority to handle matters related to the Right to Information (RTI). Appeals and complaints concerning RTI requests are managed by the Information Commissions. However, courts can step in when there is a clear violation of the Right to Information (RTI) Act.