Const law

RIGHT TO INFORMATION ACT (2005)Article 19(1)(a) – Freedom of speech and Expression

LAW IN INDIA

•Objective – transparency, accountability, better governance.

•The National Campaign for People’s Right to Information (NCPRI) was founded in 1996. Its founding members included social activists, journalists, lawyers, professionals, retired civil servants and academics.•As a first step, the NCPRI and the Press Council of India formulated an initial draft of a Right to Information (RTI) law. This draft, after extensive discussions, was sent to the Government of India in 1996.  The Government finally introduced the Freedom of Information Bill in Parliament, in 2002. •The bill was passed after over a hundred amendments introduced by the government to accommodate the recommendations of the Parliamentary Committee and the Group of Ministers. Most important, the jurisdiction of the Bill was extended to cover the whole of India. The RTI Act then came into effect all over India, from 13 October 2005.

• Introduced in TN, Goa, Maharashtra, Rajasthan, Delhi, Assam, P, J&K, Haryana - 2002

• Central RTI act was introduced all over India – 2005. Applicable all over India

• Guaranteed under article 19(1)(a) of the Indian constitution. – Freedom of speech and expression.

• It has taken India 82 years to transition from an opaque system of governance

• The recent enactment of the Right to Information Act 2005 marks a significant shift for Indian democracy, for the greater the access of citizens to information, the greater will be the responsiveness of government to community needs.

• The Act and its rules define a format for requisitioning information, a time period within which information must be provided, a method of giving the information, some charges for applying and some exemptions of information which will not be given.

What is Information?

Information means any material including:

What does RTI mean?• It means the right to access information under this Act

which is held by or under the control of any public authority and includes the right to –

• Inspection of work, documents, records; • Taking notes, extracts or certified copies of documents

or records;• Taking certified samples of material; • Obtaining information in the form of diskettes,

floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or any device.

Sec. 2 ( j )

What is a public authority?• Public Authority means any authority or body or

institution of self- government established or constituted—

• a) by or under the Constitution;• b) by any other law made by Parliament;• c) by any other law made by State Legislature;• d) by notification issued or order made by the

appropriate Government,• and includes any—i. body owned, controlled or substantially financed;ii. non-Government organisation substantially financed,

directly or indirectly by funds provided by the appropriate Government;

Section 2(h)

EXCLUSIONS•  Info cannot be given if :- It affects the sovereignty

and integrity of India Sec 8 (1) (a).• It has been expressly forbidden to be published

by any Court of law Sec. 8 (1) (b).• It causes breach of privilege of the Parliament

or State Legislature Sec. 8 (1) (c).• Info is held in commercial confidence, trade

secrets or intellectual property. Sec. 8 (1) (d). • If info is held in fiduciary relationship, unless

the competent authority is satisfied that the larger public interest warrants the disclosure of such info. Sec. 8 (1) (e).

• If info is received in confidence from foreign Govt. Sec. 8 (1) (f).

• If the info endangers the life or physical safety of any person. Sec. 8 (1) (g).If it impedes the process the investigation or apprehension or prosecution of offenders. Sec. 8 (1) (h).Cabinet papers including records of deliberations of the council of Ministers, Secretaries and other officers till decisions on it are taken. Sec. 8 (1) (i).

• Personal info, the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of privacy of the individual … unless larger public interest justifies the disclosure of such info. Sec. 8 (1) (j). Only info which can be denied to the Parliament or Legislature. Sec. 8 (1) (k).

• If it infringes ‘copyright’. Sec. 9 Reasonable severance of information which is exempt from disclosure. Sec. 10 (1)

and Sec .10(2) Third party information – e.g. Tax returns (unless public interest outweighs interest of the third party ) Sec. 11 (1)

•Examples of State Govt. Depts. Municipal Corporation / Municipal Council

Collector Police Dept. Departments existing in Mantralaya Depts. controlled / formed by the State Govt. etc.

•Examples of Central Govt. Depts. Railways Airlines (Government run) /

Airports etc. Passport Offices Banks (Private and Public) Departments controlled / formed by the Central Govt. etc.

Agencies excluded from RTI Act.• Intelligence Bureau • RAW • DRI• Central Economic NSG• Intelligence Bureau ;• Assam Rifles • Directorate of Enforcement Special Service Bureau• Narcotics Control Bureau• CID (Special Branch) – Aviation Research Centre • Andaman Nicobar Special Frontier Force • Crime Branch Dadra & BSF • Nagar Haveli CRPF • Sp. Branch Lakshadweep ITBP • Police. CISF

Political parties under RTI: Congress rejects CIC order • Congress on Tuesday

rejected the Central Information Commission order on bringing political parties under Right to Information ambit, contending that such “adventurist” approach would harm democratic institutions.

•“It is not acceptable. We totally disagree with it. Such adventurist approach will create a lot of harm and damage to democratic institutions,” AICC General Secretary Janardan Dwivedi told reporters in New Delhi.

•The Central Information Commission (CIC) on Monday held that the parties are public authorities and answerable to citizens under RTI Act.

Source : THE HINDU , DelhiJune 4, 2013

LAW in the U.S.A• The United States enacted a Freedom of Information Act

(FOIA) in 1966 and introduced amendments in 1974 and 1986. This Act is applicable to government agencies.

• The Act begins with the obligation on the government agencies to publish (in the Federal Register) information about the organization of the agency; functions; procedure; the persons/officials from whom information can be collected; the availability of forms; the scope of information available; the substantive rules and statements of general policy or interpretations of general applicability adopted by the agency and amendments thereof.

• There is a duty on the agencies to provide certain documents for public inspection and copying.

• Time period for compliance with a request is ten (10) days from receipt of the request. Decision will be notified immediately to the requestor with reasons.

• The first appeal lies to the head of the agency and have to be determined within twenty (20) days from the date of receipt of the appeal.

• Agencies must submit an annual report to the Speaker of the House of Representatives and President of the Senate, detailing number of refusals with reasons thereof; the number of appeals and their results with reasons where disclosure confirmed; the names and titles of person/s responsible for denial of request and the instances of participation for each person; report of disciplinary action taken against an officer or employee primarily responsible for improperly withholding records; copy of every rule and fees schedule made by the agency; fees collected and any other efforts to administer the Act fully.

• The Attorney general has to make an annual report on the cases arising under the Act, the matter of each case, the deposition of such case, the cost, fees, and penalties assessed under the concerned sections.

LAW in U.K• After a Draft Bill of 1999 and a following consultative process

through the year 1999, the UK Government developed a Draft of the Freedom of Information Bill 2000.

• Request has to be made in writing.• the request has to be complied in not more than twenty

(20)working days from the day of the receipt of the request.• Further, the Act leaves the formulation of the fees structure to the

executive. The scope of waiver of fees in certain circumstances is provided.

• Most notably, the Act contains twenty-five (25) Sections detailing kinds of information exempt from public accessibility. This is its biggest drawback.

CASE STUDIES ON RTI ACT and its benefits in INDIA

• ADARSH SOCIETY SCAM

The applications filed by RTI activists like Yogacharya Anandji and Simpreet Singh in 2008 were instrumental in bringing to light links between politicians and military officials, among others. The 31-storey building, which had permission for six floors only, was originally meant to house war widows and veterans. Instead, the flats went to several politicians, bureaucrats and their relatives. The scandal has already led to the resignation of Ashok Chavan, the former chief minister of Maharashtra. Other state officials are also under the scanner.

We used the RTI Act to expose several housing frauds‘- SOURCE – TOI Feb 25, 2011

Activist Simpreet Singh received the national RTI council award instituted by Arvind Kejriwal's Public Cause Research Foundation on behalf of the National Alliance for Peoples Movement (NAPM) which uses the RTI Act to expose fraud and misappropriation of public assets. NAPM used the RTI Act to investigate Adarsh, the tower meant for Kargil war widows, but usurped by state bureaucrats, politicians and defence personnel who had no role to play in Kargil. 

Assam PDS anomalies may be a multi- crore scam - Indian Express. (April 1, 2008) • In 2007, members of an anti-corruption non-governmental

organization based in Assam, the Krishak Mukti Sangram Samiti, filed an RTI request that revealed irregularities in the distribution of food meant for people below the poverty line. The allegations of corruption were probed and several government officials arrested.

• The NGO found out that in Golaghat district alone, over 10,000 quintals of rice (489500 kg) meant for distribution under PDS had not reached the beneficiaries and instead found its way to the open market.

• The scam came to light in October last year after an NGO filed a series of RTI applications in the upper Assam districts of Golaghat, Jorhat and Sivasagar, compelling the state Government to first order a probe into the PDS in those three districts in December. This month, the chief secretary expanded the scope of the probe by extending it to all the 27 districts of the state.

 Noorjahan exposes corrupt contractor with help of RTI• Noorjahan (social activist), was asked to pay Rs.1000 towards

contribution of putting drainage pipeline in her area in eastern part of ahmedabad. When she asked why should I pay for it? The local leader (contractor) told that municipal corporation has sanctioned only 6 drainage pipelines where all together 18 are needed. Every household need to pay Rs. 1000/-.

• There is in all 60 households in Noorjahan's locality. • So the amount came to 60,000/-. Noorajanhan asked the local

leader whether he is going to give her receipt, which he refused.• Noorjahaan next day visited the camp and filed an application

under RTI to ask what is the sanctioned budget, details of the work sanctioned work etc. Noorjahan along with 25 other local women went to file an application in District Panchayat Office.

• PIO initially refused to take application but then upon pressurizing, called his superior. The record was shown to all the women. The record showed that all the 18 drainage pipelines were sanctioned also 480 ft construction was also sanctioned and they need not pay single rupee of that.

Wednesday, 20 June 2007

Two Bihar government officials fined under RTI Act• Bihar Information Commission (BIC) has fined two officials - one

for not providing information sought under the Right to Information (RTI) Act and another for not providing information within stipulated time.

• The BIC fined the Public Information Officer (PIO) of Motihari Collectorate Rs 25,000 as the PIO was found guitly of not not responding to the application of one Nagendra Jaiswal who had sought certain information from him, Commission sources said.

• The BIC directed the East Champaran District Magistrate to ensure the compliance of the Commission's order and inform it accordingly, they said.

• The Commission asked the PIO to provide relevant information latest by July two and fixed July 10 as the next date of hearing in the case.

• Chief Information Commissioner Justice Shashank Kumar Singh slapped a fine of Rs 12,500 on the chief engineer of the Patna Muncipal Corporation R P Trivedi for not not supplying information to Indrani Sinha within the stipulated period.

• The fine would be deducted from the June and July salary of the chief engineer, BIC sources added.

Source - Outlook India, PATNA, MAY 20, 2008(PTI)

Over 2,500 RTI applications still pending with Delhi GovtNew Delhi, May 13: Bureau Report - Zee News

• Over 2,500 applications filed under the Right to Information Act are still pending with various departments of the Delhi government and the registrar of cooperative societies tops the list.

• About 30,000 applications were received by various departments of the government, including DTC, MCD and education wing, since RTI Act was enforced in October 2005.

• According to Delhi government website, 27,055 requests for information under the RTI Act were disposed of so far.Among the pending 2,542 applications, a maximum of 550 is with registrar of cooperative societies, which earned the court's ire after a scam was detected in the group housing societies, people's action and Urja, umbrella organisations of RWAS in the capital, claimed today.

• "Registrar of co-operative societies has been the maximum defaulter in not providing the correct or complete details sought by applicants," a release issued by people's action and Urja said.

PM Modi's Estranged Wife Jashodaben Files RTI on Her Security

• Prime Minister Narendra Modi's estranged wife, Jashodaben, has filed an RTI application asking for an explanation of the sort of security that she gets from the government.

• In her three-page application, Jashoda Chiman Modi, a retired school teacher who lives in Brahmanwada village in Unjha, Mehsana district, has said, "I am the wife of the Prime Minister and as per protocol, I seek details on what other facilities other than security cover I am entitled to...I should be provided a certified copy of the order under which security is provided to Prime Minister Narendra Modi's family members, brothers, sisters and me”

• She has also stated, "I travel by public transport while my security personnel travel in official vehicles."

source : February 02, 2015 20:45 IST – NDTVReported by Rohit Bhan (with inputs from agencies)

SUGGESTIONS AND CONCLUSIONS• The Act does not emphasize active intervention in

educating people about their right to access information -- vital in a country with high levels of illiteracy and poverty -- or the promotion of a culture of openness within official structures.

• Without widespread education and awareness about the possibilities under the new Act, it could just remain on paper.

• Only by empowering the ordinary citizen can any nation progress towards greatness and by enacting the Right to Information Act 2005 India has taken a small but significant step towards that goal.

• Requirements : Awareness, promotion, workshops, help desk set ups, including RTI in study syllabus, etc