Right to Information Act (RTI Act)

Right to Information Act (RTI Act)

Subject:Governance

Context:

• In a recent tussle between the Lieutenant Governor of Delhi and Delhi government on the implementation of the RTI Act in its departments.

What is the Right to Information Act(RTI Act):

• The Right to Information (RTI) is an act of the Parliament of India enacted on  15 June 2005 which sets out the rules and procedures regarding citizens’ right to information.
• It replaced the former Freedom of Information Act, 2002.

Objective of the Right to Information Act :

• To empower the citizens
• To promote transparency and accountability
• To contain corruption
• To enhance people’s participation in democratic process

Key provisions of RTI:

• Section 1(2) : The act extends to the whole of India.
• Section- 2 (f): This section is related to Information which means any material in any form, including Records, Documents, Memos, e-mails, Opinions, Advices, Press releases, Circulars, Orders, Logbooks, Contracts, Reports, Papers, Samples, Models,
• Section- 2(j) :The  Right to Information  means the right to information accessible under this Act which is held by or under the control of any public authority.
• Section 4 of the RTI Act : Requires suo motu disclosure of information by each public authority.
• Section 8 (1):- It mentions exemptions against furnishing information under RTI Act.
• Section 8 (2):-It provides for disclosure of informationexempted under Official Secrets Act, 1923 if larger public interest is served.
• Section 13 of the Act:-It sets the term of the central Chief Information Commissioner and Information Commissioners including salaries, allowances and other terms of service.
• Section 22 of the RTI Act:-It states that the provisions of the act will have effect notwithstanding anything that is inconsistent with the OSA.

Functioning of Right to Information Act:

• A three-tier structure for enforcing the right to information has been set up under the RTI Act 2005.
• Public Information Officers: The first request for information goes to the Assistant Public Information Officer and Public Information Officer, designated by the Public Authorities.These Officers are required to provide information to an RTI applicant within 30 days of the request.
• Appellate Authority: It caters to the appeals against decisions of the Public Information Officer.
• State Information Commission or the Central Information Commission : Their major function is to listen to appeals against the order of the Appellate Authority.

RTI Amendment Act,2019:

• The RTI Amendment Act,2019 amended Sections 13, 16, and 27 of the RTI Act.
• The tenure of CIC and IC will be notified by the central
• The act alsoamended salaries, allowances, and other terms and conditions of service.

The act also brought the status of the Central Information Commissioners (CICs) on par with the Election Commissioners and the status of State Information Commissioners with the Chief Secretary in the States.