Right To Information : An Over View

Right To Information An Overview

by

K Rajasekharan

Kerala Institute of Local Administration

Purpose of the Act

• Ensure citizens right to information

• Under the control public authorities

• to promote transparency/accountability to the governed

• to contain corruption

• to have informed citizenry & democracy

• while harmonizing the conflict between the RTI & efficient operation of the govt/optimum use of financial resources

Supreme court on RTI in 1975

• K K Mathew J. (SC) declared that

• the citizens right to know flow's directly from the fundamental right to freedom of speech and expression guaranteed in article 19(1) (a)

• (State of UP Vs Raja Narain)

The links RTI has with other fundamental rights

RTI is directly linked to the Right to Life which includes the right to food, health, education,

liberty, etc. and the denial of information is a denial of

these rights

Problems in flow of information

Laws like the Official Secrets Act / Code of Conduct of Civil Servants

Culture of secrecy that prevailed in Government

Lack of accountability in public offices

Badly kept records

People do not know where to go for information

Illiteracy of people

The States enacted Acts earlier Tamilnadu (1997) Goa (1997) Rajasthan (2000) Karnataka (2000)-law come into effect in 2002 Delhi (2001) Maharashtra (2002) Assam (2002) Madhya Pradesh (2003) J & K (2004) Chattisgarh no law but issued executive orders Orissa (draft bill). Executive order with respect to

Panchayat matters on freedom of information

Time line on Right to Information in India

1975 Supreme Court declared the citizens right to know flows from the fundamental right to freedom of speech and expression in Art 19(1)(a) of the constitution

1990 - Prime Minister V.P Singh stressed the importance of Right to Information as a legislated right.

1994 – MKSS started a grassroots campaign for right to information which resulted in the enactment of a law in 2000

1996 - Press Council of India under guidance of its Chairman Justice P.B Sawant drafted a law “Freedom of Information Act, 1997.”

1997 – The Working group appointed by the United Front Government under the Chairmanship of Mr H.D Shourie drafted a law called the Freedom of Information Bill, 1997.

1997- Tamilnadu became the first state in India to pass a law

1997 - The MP Govt issues executive orders to 36 departments to implement Right to Information later issued in more than 50 departments

1997- Goa legislature enacted a law on RTI

1998 – The Government of Madhya Pradesh passed a Bill on Right to Information. But the Governor denied assent.

1998 – The P M Shri Vajpayee announces that a Law on right to information shall be enacted soon.

2000 - Karnataka, Rajasthan, Maharashtra pass legislations and UP issued Code of Access to some depts.

2000 - Freedom of Information Bill, 2000, tabled in Parliament and referred to the Parliamentary Standing Committee on Home Affairs

2002- Maharashtra Govt. passed an RTI Ordinance overriding the Maharashtra RTI Act 2000.

2003- Parliament passed FOI Act and notified in 2003 2003- On Jan 31st MP Govt. passes MP RTI Act. 2003- In Aug. Maharashtra converted its Ordinance into

new RTI Act.

Which is a Public Authority?

• Any authority, body or institution by or under the Constitution

• By any law of Parliament/Legislature• By notification of Government• Body owned, controlled or substantially

financed• NGO substantially financed directly or

indirectly

What kinds of information need to be provided? [S.2(f)]

• Any material in any form including

• records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers,

• samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force

Record includes [S. 2(i)]

any document, manuscript and file any microfilm, microfiche and facsimile copy

of a document any reproduction of image or images

embodied in such microfilm (whether enlarged or not)

any other material produced by a computer or any other device

What does the “right to information” mean ? [S. 2(j)]

• inspection of work, documents, records taking notes, extracts or certified copies of documents

or records certified samples of material Obtain information in diskettes, floppies, tapes, video

cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device

Held by /under the control of Public Authorities Dissemination includes inspection of office

Obligations of Public Authorities [S.4]

Catalogue, index, and computerize the records to a country wide network, to facilitate access to information [S. 4(1)] within a reasonable time

Publish Particulars of organization, powers and functions of officers and employees, rules regulations, instructions, manuals suo moto

Publish all facts, policies and decisions which affect the public

Provide reason for its decisions to affected persons

Suo-moto dissemination of information

• function/duties of organization/officers

• decision making procedures

• Norms, rules, manuals governing the organization

• Statement of records under its custody

• procedure for public involvement in policy making

• Statement of its committees

• Directory and remuneration of officers

• budget, subsidiary program, recipient of concessions

• Details of electronic information

• the manner of obtaining information & about PIO/APIO

Citizens Charter

• Citizens Charter• enlisting all services, • the conditions a citizen should follow to get

those services and• the time limit for providing the service can

be issued every year

Who should provide information? [S. 5(2)]

• State Public Information Officer

• assisted by

• State Assistant Public Information Officer

• Other officers

What a Public information officer shall do?

• accept/reject the application• if application is oral reduce it to writing• provide information within 30 days (life &liberty 48

hours) on acceptance• Failure to provide information is deemed to denial of

information. No fee for delayed response• If rejected, the onus of proving the rejection lies with

PIO No action equals rejection• seek third party information• transfer application to other Pub Authority within 5 days

& inform the applicant

Rejection order should state [S. 7(8)]

The reasons for such a rejection The period within which an appeal against

the rejection is preferred The particulars of the appellate authority

When to transfer the application ?

If Information is with other public authorities [S. 6(3)]

Transfer the application to it & inform the applicant

Third Party Information

• Third party is a person/public authority other than the applicant for information

• Any other private entity with its permission

• Third party have a right to get notice and to be heard in RTI application /appeals

• Notice to third party to include the appeal possibilities

Exemptions [S. 8]

affects the sovereignty and integrity of India, the security, scientific or economic interests of the State,relation with foreign State/ lead to incitement of an offence

forbidden by any court of law or tribunal breach of privilege of Parliament or the State

Legislature information related to agencies such as I B,Crime

Branch etc listed in the Second Schedule of the Act

Commercial confidence, trade secrets or intellectual property that harms competitive position of third party

Information from a foreign government Cabinet papers including records of deliberations of the

Council of Ministers, Secretaries or prosecution of offenders

That impedes investigation / apprehension / prosecution of offenders

Information relating to personal matters, the disclosure of which has no bearing on any public activity or interest

Corruption & human right violation not exempted

Can partial information be given? [S. 10]

Partial information can be given along with The reasons for the decision The name and designation of the officer

giving the decision Details of the fees calculated Right of the petitioner w.r.t. review of the

decision

Appeals

• First appeal to be submitted within 30 days ( 19(1) )

• to be disposed of within 30 days but not to exceed 45 days, for reasons to be recorded

• Second appeal to SIC within 90 days 19(3)) No time limit fixed for its dispensing right now

• the onus to prove denial of information is on the public information officer

When to provide information ?

• 48 hours [S. 7(1)] if application is concerned with the life & liberty of persons

• 30 days normally [S. 7(1)]

• 35 days [S. 5(2)] for application submitted through SAPIO

• 40 days, if Third Party information [S. 11(3)]

• Failure to provide information in time is a deemed refusal

• Corruption & human right violation in exempted organizations within 45 days

Types of Fees

• Application fee

• Fee for providing information

• Such further fee – cost of the document / sample etc

• No fee for Below Poverty Line [S. 7(5)]

• No fee when response is delayed [S. 7(6)]

• Applicant can appeal on the decision regarding fees

Rate of Fees

• Rs 2/- for A4 size

• For inspection, no fee for first hour

• Rs 10/- for every thirty minutes further

• For providing in floppy Rs 50/-

• For others –Actual charges

Mode of Fees

• Court fee stamp

• Remittance in Treasury

• Cash remittance

• By DD/bankers cheque/pay order in favour of SPIO / SAPIO

Information Officer - Hierarchy

State Information Commission

Officer senior in rank to the State Public Information Officer

State Assistant Public Information Officer

State Public Information Officer

State Information Commission

• State Chief Information Commissioner in each State - in the rank of a Central Election Commissioner

• State Information Commissioner – Chief Secretary rank

• Five year term/ attainment of 65 years of age

The SIC can penalise for• refuse to receive application / access information

• late furnishing of information

• denying information with malafide intention

• give incorrect information knowingly

• destroying /obstructing furnishing information

• SPIO will get reasonable opportunity for explanation before penalised by SIC

• Disciplinary action to be recommended by SIC

• Bonafide action not to bring in punishment

Penalty is

• SIC can impose penalty of Rs. 250 per day, but not to exceed Rs. 25,000-

• Any officer denying or delaying information can get this penalty

• SIC can recommend for disciplinary action in case of malafide denial of information

• Burden of proof lies with the SPIO

SIC can direct Public Authorities

• in providing information in any form

• appointing SPIO

• Publishing information

• maintenance of records

• to provide training

• to provide with an annual report

• compensate any loss/detriment suffered

• the steps to take to promote RTI

Other powers of the SIC

• receive & inquire into complaints

• Receive and decide appeal from any citizen

• exercise the powers of a civil court to summon

• examine any records under the purview of this act

• issue decision binding on Public Authorities on RTI

• impose penalty under the act

• reject any application

Documents to accompany appeals

• Appeals in the form /should have contents

• Self-attested copy of the order relied on

• Other documents to prove the request

• An index of the documents referred to

Appeal procedure

• Take oral /written evidence/affidavit of concerned persons

• Inspection of records or documents

• Inquire through authorized officer

• Hear SPIO/ third party

• Affidavit of SPIO or others including the third party

Reasons for complaints to SIC[S. 18(1)]

No Information officer appointed Request refused No response Unreasonable fee Incomplete, misleading or false

information Or similar violations of RTI act

RTI act override other acts

• provisions in official secrets act 1923 or

• other acts/rules do not sustain, if they are in conflict with RTI act

Govt. can issue rules for

• print-cost price of materials to be disseminated -issued

• fee for application -issued

• fee for information -issued

• procedure for appeals –not issued

The Government shall

• Issue a guide within 18 months in official language containing everything required to exercise the rights

Jurisdiction of courts

• lower courts are barred from entertaining suits

• High/Supreme court can entertain writs under 32 / 225

Take home message

• The act envisages proper upkeep of information

• Proper dissemination of information to public

• Giving information is the rule, not other way round

• Bonafide actions will not bring punishment

• But you should be able to justify it

Thank you !Thank you !