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Notes of Right to Information Act

Section A

Topic:- Importance and significance of Right to information in democratic Country

Introduction:- Every citizen of the country has a right to know what the government is doing in its name
and to know about the performance of the government by getting information on each and every
decision being taken by the government. It becomes more important in a democratic Country, where
citizens of that country elect their rulers by casting a vote. Such voting system depends upon the trust of
the people over their electors, those make rules and regulations after forming Government. In such
situation it becomes most important that the citizens must be informed about the working system of the
government. Which secures the accountability of the government towards its citizens. The Right to
Information (RTI) is the right to secure access to information held by the government and the
corresponding duty upon a public body to make information available. RTI today is universally
acknowledged as a fundamental human right ,effectively contributing to the promotion of transparency,
accountability and public participation in governance.

Meaning of democratic form of government and importance of RTI:- Democratic form of government is
a government, which is made by the people and for the people. Democracy means meaningful
participation of the people in the public affairs. Information availability ensures effective participation
by enabling the people to make sound judgment on the policies and performance of the governance
system. Here the role of Right to Information becomes more important because without it people
cannot adequately exercise their rights and responsibilities as citizens.

In other words, for a democratic government to be responsive to the public

opinion, information must be made available to the people. In this sense, the Right to Information has
proven to be a key component of a healthy democracy because it empowers citizens with the right to
demand what activities and decisions are being made in their name. Information and knowledge
promote and ensure a transparent, open and accountable governance structure the conditions that are
necessary for the success of democracy. Further, the right to information stands against arbitrariness
and corruption by the agencies of state and in that it serves as a tool to foster good governance.

Besides, it also acts as a restraint against arbitrary exercise of official power by

empowering the people to hold public authorities accountable for their actions on a regular basis.RTI is
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very essential in local governance (such as Panchayat). As far as the importance of RTI is concerned, it
lies in the fact that it is an essential precondition for the effective functioning of democratic governance.
For, democracy requires an informed citizenry and transparency of information which are vital to its
functioning. Moreover, it is quite well-known that the Right to Information not only provides the key to
good governance, it also make participatory democracy meaningful, helps in cementing trust in the
administration, in supporting people centered development, in facilitating equitable socio-economic
growth and in tackling the problem of corruption and maladministration.

Salient features of RTI in democratic governance or Country:-

It can change the secretive culture of government:- Britishers have left their legacy in India in the form
of Officials Secret Act 1923, which made governance in India opaque and still has its effects in
administrative functioning. The act restricts any official from disclosing any information related
government functioning and is regarded as an offence. Other examples which further make
administrative culture secretive are the central civil services conduct rules, 1964, Indian evidence Act
etc. These all provisions have blanketed government information from the reach of people. Even RTI
itself have 10 exceptions, exempted from disclosure because of their sensitive nature. Despite this
exception RTI says, "Information that cannot be denied to parliament or state legislature shall not be
denied to any citizen". The Right to Information upholds the supremacy of public interest over the need
to secrecy and it will bring the need to transparency. Free and open access to information to citizens is
an essential prerequisite of democracy. A democratic process of participatory decision-making can be
ensured with full transparency and information sharing.

RTI is a check on corrupt practices, it can unveil corruption: RTI can unveil corruption. It can led
government to answer each and every question which people ask with no scope. The government uses
the consolidated fund, which filled with public money and spends of various policies on the name of
welfare of the people. In such situation there are chances of corruption and RTI becomes a tool to trace
the corruption in the expenditure of these policies.

RTI can empower poor people:- In a country like India where majority of population reside in villages the
benefits of governance should meant for these people. Programs made for these people rarely chieve
the desired goals because of presence of rampant prevalence of corruption and malpractices in the face
of middle man. There always exist the voice a few and not of each and every individual. As a result
people struggle to fulfill their needs. The public fund meant for serving the cause of these people goes in
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the hands of middle man and influential people. In this regard RTI is a powerful instrument to pressure
government to use the funds and programs in the best possible way to bring a visible change.

Moreover, every citizen of a nation has a right to be informed of the important

aspects governance affecting his life. It marks the beginning of a new set of relationship between the
government and the various segments of the society. It is the RTI Act that envisages the empowerment
of the common citizen with ideas and information to seek his/her entitlements. It is also believed that
RTI is the dawn of a new era in our process of governance, an era which will truly fulfil the hopes of our
founding fathers of Republic.

RTI can transform representative democracy into participatory democracy:- Elections are a means of
public participation in governance but it's a kind of indirect participation where we vote to a
representative of people and we get a government and sit at home for five years. RTI is a way to
participate every day. RTI connects people directly to government. A lay man can directly question
government for any mis functioning. RTI enhances people participation as was never before.

It can further consolidate the trust between people and government:- Trust building between people
and government is a necessary condition for the survival of democracy. The level of trust depends on
government's accountability and people quest to question government approach towards people. In this
regard RTI can act as a means of connectivity between people and government. Trust building further
leads to stability in the functioning of government and meets the satisfaction of the people.
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Topic:- Constitutional basis of RTI

Introduction:- India has always taken pride in claiming its title of being the largest democracy in the
world. However, it wouldn’t be wrong to state the fact that with a Democracy comes responsibilities,
one of which among several others include transparency and responsiveness, which have also have been
acknowledged of being one of the major drivers for the growth of a democracy. he requirement of an
informed citizenry and a transparent government acts as keys for smooth functioning of a democratic
regime. People are the masters of any democracy as reiterated in the eternal words of Abraham Lincoln
‘government of the people, by the people, for the people’. The Preamble of the Indian Constitution
commences with the words ‘We the people’. The term transparency can be mainly implemented by two
principles – disclosure by public agencies and the citizen’s right to seek information, which was realised
due to the active intervention of several players to move towards a ‘responsive and transparent
democracy.’

Right to information at International level:- In international law, freedom of information was recognized
as a Fundamental Human Right by the United Nations (UN) at the first session of its General Assembly in
1946. The UN adopted • resolution 59 (1) which declared that "Freedom of Information is a
Fundamental Human Right" (CHRI 2001). In ensuring international instruments on Human Rights,
freedom of information was made a part of the Fundamental Right of Freedom of Expression, which
included the right to seek, receive and impart information. In 1948, the UN General Assembly adopted
the Universal Declaration of Human Rights (UDHR), which reads as follows:

Everyone has the right to freedom of opinion and expression; this rights includes freedom to hold
opinions without interference and to seek, receive and impart information and ideas through any media
and regardless of frontiers

The principle of maximum disclosure was adopted globally which meant that all public institutions are
obliged to disclose information, which would be denied in extremely limited circumstances

Constitutional provision relating to right to information:-

Article 19:- In India, the Constitution does not expressly provide any right to freedom of information.
Part III of the Constitution dealing with Fundamental Rights is conspicuously silent on the right to
freedom of information. However, the fact that India has ratified Article 19 of Universal Declaration of
Human Rights dealing with the right to "seek, receive and impart information" may be regarded as it
adopting the right to information. In fact, the right to information in India emanates from various
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Supreme Court judgments that read this valuable right as part of Article 19(1) (a) guaranteeing the "right
to freedom of speech and expression". Over the years, the Supreme Court has consistently ruled in
favour of the citizen's right to know. The nature of this right and the relevant restrictions thereto, has
been discussed by the Supreme Court in a number of cases.

In the case of Cricket Association of Bengal vs. Union of India (1995), the Court observed that the right to
impart and receive information from electronic media was included in the freedom of speech. The
airwaves were held to be public property and hence distribution of these waves between government
and private channels was to be done on an equitable basis.

In the case of Bennet Coleman v. Union of India' (1973) the Supreme Court stated that the right to
information was held to be included within the right to freedom of speech and expression guaranteed
by Art.19 (1) (a) of the Constitution of India. This case, which was about the restriction of newsprint to
newspapers, led the Supreme Court to observe that such restriction meant that an infringement of the
right of the citizen's right to read and therefore, an infringement of the right to information. Thereby
Article 19 (1) (a), which guarantees the right to freedom and expression would be infringed if the news
print were not to be provided to the newspaper.

Article 21:- Right to information was also interpreted under Article 21 which protects the right to food,
education, health and personal liberty from restraints and illegalities. It was held in State of UP vs. Raj
Narain, 1975, 4 SCC at 428) that The people of this country have a right to know every public act,
everything that is done in a public way, by their public functionaries. The responsibility of officials to
explain and to justify their acts is the chief safeguard against oppression and corruption

In the case of S.P.Gupta vs. Union of India (1982), the seven Judges Constitution bench added a fresh,
liberal dimension to the need for disclosure in matters relating to lic affairs. The Court held that in
regard to the functioning government, disclosure of information must be an ordinary rule, while secrecy
must be an exception, justifiable only when it is demanded by the requirement of public interest.
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Topic :- Historical development of RTI Act 2005:-

Introduction:- The concept of RTI is a modern concept but it has its roots in a number of years of
struggle. In ancient times rulers were not strictly accountable towards their people, but with the
development of democratic form of government the accountability of the government becomes more
strict. People become aware of their rights and the obligations of the governments. Therefore the
demand for freedom of information started raising in many nations including India.

International movements:-

Let begins with the development of RTI or Freedom of Information struggle in international
perspectivefollowed by analysis in national level. In 1948, the UN General Assembly adopted the
Universal Declaration of Human Rights, which recognized right to information in Article 19. Later on the
regional Human Right treaties like the European Convention of Human Rights, 1950, the American
Charter on Human and People's Rights 1981, the Inter-American Declaration of Principles of Freedom of
Expression 2000 and Declaration of the Principle of Freedom of Expression in Africa, 2002, have
reiterated Article 19 of the UDHR by adopting Freedom of Expression and Information as a fundamental
human right.

USA, Australia and Sweden are countries where the legislation on openness is a norm rather than an
exception. Sweden has a long history of an administrative openness and public access to information;
here the public access to government documents is a right and non-accessibility only an exception.
Finland adopted a law on the right to information in 1951. France has also pted the principle of citizen's
access to information. Countries like Norway and Denmark have also statutorised the public access to
official information. Norway adopted the Freedom of Information Act, 1970 besides the constitutional
right to access the public documents. The 1996 Constitution of the Republic of South Africa is perhaps
unique, not only in the breadth of its guarantee of freedom of information.

Indian movements and law on RTI:

Official secrets act:- The Mathew Commission (1982) in its report recommended amendment to Section
5 of the Official Secrets Act (1923) on the ground that it suppressed the freedom of press and voices of
the poor and marginalized section of the society

Section 123 Evidence Act:- Section 123 of evidence act prohibits the publication of official
communications. It is upon the head of the public office, whether he provides in information or rejects
to provide the information.
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All India services conduct rules 1968: these rules also provides the protection to the persons, those are
in all Indian services. Their official communications are being prohibited from public disclosure as well
the communications of public servants works in Central services.

Development after national emergency:- During the era of emergency in India the freedom of media
and judiciary was at its verge. There were very limited sources available to get the information regarding
the functions of the government. But the after the next general elections things started changing and
the clearest exposition of the right to know was expressed in 1989 when the V.P. Singh's government
declared its decision to make right to information a fundamental right. He expressed his intension in
April 1991 in the 20 thConference of Ministers of Information and Cinematography as "an open system
of governance is an essential prerequisite for the fullest flowering of democracy". However, it took the
heroic efforts of a people's movement to bring a change in the legislation.

Mazdoor Kissan Shakti Sangathan:- The movement for right to information in India may be traced to
the efforts of Mazdoor Kissan Shakti Sangathan (MKSS), an organization committed for the
empowerment of workers and peasants in a remote village of Devdungari (Rajsamand District,
Rajasthan) in early 1990's. The movement had started to expose the corruption in the famine relief work
by demanding information related to copies of bills, vouchers and muster rolls of workers recorded in
government files, where their demand for minimum wages was repeatedly denied. Thus, the demand
for minimum wages, which started in amall backward village of Rajasthan, became a fight for right to
information. It was ar. important step towards participatory governance 10 .The movement soon spread
across India. From a very modest beginning in the village of Rajasthan, the success of MKSS has been a
source of inspiration for activists in India.

In 1995 the Press Council of India drew up the first blue print for the Information Bill. It asserted that the
information, which could not be denied to the Parliament or State Legislatures, should not be denied to
the citizen.

Freedom of information act:- In 1997, the Government of India decided to introduce the Freedom of
Information Bill. It suggested that each state do likewise, to provide access to information in areas
within its jurisdiction. As a result several states enacted Right to Information Act. In 1997, a working
group on "Right to Information and Transparency" under the chairmanship of Shri H.D. Shourie was
appointed to examine the feasibility and need for full-fledged Right to Information Act. On the basis of
the recommendations made by the said group, a bill titled 'Freedom of Information' was drafted. It was
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introduced in the Parliament on July 25, 2000 after approval by the Cabinet. But before the Bill could be
passed, Parliament was dissolved and the bill lapsed.

Later on the National Advisory council proposed that there should be maximum disclosure and
minimum exemptions consistent with constitutional provisions, independent appeal mechanisms,
penalties for failure to provide information as per the law, effective mechanisms for access to
information, and disclosure by authorities. On the basis of these recommendations, the Government of
India decided to repeal the Freedom of Information Act, 2002, and enacted a fresh legislation, called the
Right to Information Act, 2005. The Act was passed in the Parliament on 15 June, 2005 and came into
force on 12 October, 2005.

The RTI Act provides the right to get information from the public authorities and also provides the
procedure to get the information in easy way.
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Section B

Topic:- Definitions under RTI

Appropriate Government" It means in relation to a public authority which is established, constituted,

owned, controlled or substantially financed by funds provided directly or indirectly—

by the Central Government or the Union territory administration, the Central Government;

by the State Government, the State Government

Competent authority" means:-

• the Speaker in the case of the House of the People or the Legislative Assembly of a State or a
Union territory having such Assembly and the Chairman in the case of the Council of States or
Legislative Council of a State;
• the Chief Justice of India in the case of the Supreme Court;
• the Chief Justice of the High Court in the case of a High Court;
• the President or the Governor, as the case may be, in the case of other authorities established or
constituted by or under the Constitution;the administrator appointed under article 239 of the
Constitution

"Information" means 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.

Public authority" means any authority or body or institution of self- government established or
constituted—

• by or under the Constitution;

• by any other law made by Parliament;
• by any other law made by State Legislature
• body owned, controlled or substantially financed;
• non-Government organisation substantially financed, directly or indirectly by funds provided by the
appropriate Government

Record" includes—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);
and any other material produced by a computer or any other device;
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Right to information" means the right to information accessible 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, Poppies, 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.

Third party" means a person other than the citizen making a request for information and includes a
public authority.
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Topic:- Right to Information and obligation of Public authorities:

Introduction:- Section 3 of the RTI Act provides a right to every citizen to get the information by filling
RTI. It provides the full-fledged right in the favor of a citizen. The public information officer cannot ask
about the reason behind the getting of information. The public information officer is bound to provide
the information unless it is covered under section 8 of the act. In order to secure the easy excess to the
record of the public authorities. The provisions of the RTI act are very strict in this regard.

Mandatory to maintain public record by Public authorities:- As per Section 4 of the act all Public
authorities are directed to maintain their record in the following manner:-

• maintain all its records duly catalogued and indexed in a manner and the form which facilitates the
right to information under this Act.
• all records that are appropriate to be computerized and connected through a network all over the
country on different systems.
• Publish within one hundred and twenty days from the enactment of the act in the following
information relating to public authority:-
• the particulars of its organisation, functions and duties.
• the powers and duties of its officers and employees;
• the procedure followed in the decision making process, including channels of supervision and
accountability;
• the norms set by it for the discharge of its functions;
• the rules, regulations, instructions, manuals and records, held by it or under its control or used by its
employees for discharging its functions;
• a statement of the categories of documents that are held by it or under its control;
• the particulars of any arrangement that exists for consultation with, or representation by, the
members of the public in relation to the formulation of its policy or implementation.
• a statement of the boards, councils, committees.
• a directory of its officers and employee
• the monthly remuneration received by each of its officers and employees, including the system of
compensation as provided in its regulations.
• the budget allocated to each of its agency, indicating the particulars of all plans, proposed
expenditures and reports on disbursements.
• the manner of execution of subsidy programmes
• particulars of recipients of concessions, permits or authorisations granted by it.
• details in respect of the information, available to or held by it, reduced in an electronic form
• the names, designations and other particulars of the Public Information Officers
Procedure for filling RTI

Identify the department one would seek information from

Preparing the RTI application:- Draft an RTI application on a plain white paper. It can either be written
or typed in Hindi, English or any other local language used in a region.
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Addressing the RTI application:- RTI application must be addressed to the State/Central Public
Information Officer. Write the name of the Public authority from which one wishes to obtain
information. It is necessarily required to clearly mention that you seek information “under the RTI Act,
2005”.

Framing the RTI application:- The questions one desires to seek information from must be clearly
written out. The question must be detailed as possible. It would be ideal to mention the year or the time
period in which the information could be gathered. One is permitted to seek relevant documents or
excerpts from documents.

Fees Fee for filling RTI:- application is fixed at INR 10/-. The payment can be made in cash, bank, draft,
money order or court fee. The fees are exempted for individuals falling under the bellow poverty line
(BPL) category. A copy of the BPL certificate must be attached to the application to receive concession.

Contact Details As the RTI is an Act which calls for a response, it is necessary to mention the contact
details of the appellant including full name, permanent address, phone number and email address of the
appellant. Place of signature, date is also very crucial.

Reply to the RTI :- The law mandates that a response to an RTI must be given in less than 30 days or 48
hours if it concerns an individual’s life/liberty. If no reply is received, then there is First Appellate
Authority. If the First Appellate Authority fails to provide reply, then a second appeal is filled before the
Central/State Information Commission.
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Topic:- Central and State Information Commissions:-

Section 12:- Central Information Commission:- The Central Government shall, by notification in the
Official Gazette, constitute a body to be known as the Central Information Commission to exercise the
powers conferred on, and to perform the functions.

The Central Information Commission shall consist of—The Chief Information Commissioner; andSuch
number of Central Information Commissioners, not exceeding ten, as may be deemed necessary.

Appointment of Chief Information Commissioner and other members:- The Chief Information
Commissioner and Information Commissioners shall be appointed by the President on the recommendation
of a committee consisting of—

• the Prime Minister, who shall be the Chairperson of the committee;

the Leader of Opposition in the Lok Sabha; and

• a Union Cabinet Minister to be nominated by the Prime Minister.

Qualifications:-

• that person must be of eminence in public lifeand having knowledge and experience in law,
science and technology, social service, management, journalism, mass media or administration
and governance.
• The Chief Information Commissioner or an Information Commissioner shall not be a Member of
Parliament or Member of the Legislature of any State or Union territory, as the case may be, or
hold any other office of profit or connected with any political party or carrying on any business or
pursuing any profession.

Place of sitting:- The headquarters of the Central Information Commission shall be at Delhi and the
Central Information Commission may, with the previous approval of the Central Government, establish
offices at other places in India.

Tenure of office:- The Chief Information Commissioner shall hold office for a term of five years from the
date on which he enters upon his office and shall not be eligible for reappointment, Provided that no
Chief Information Commissioner shall hold office as such after he has attained the age of sixty-five years.

Every Information Commissioner shall hold office for a term of five years from the date on which he
enters upon his office or till he attains the age of sixty-five years, whichever is earlier, and shall not be
eligible for reappointment as such Information Commissioner:
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Oath:- The Chief Information Commissioner or an Information Commissioner shall before he enters
upon his office make and subscribe before the President or some other person appointed by him in that
behalf, an oath or affirmation according to the form set out for the purpose in the First Schedule.

Resignation:- The Chief Information Commissioner or an Information Commissioner may, at any time, by
writing under his hand addressed to the President, resign from his office:

Removal of Chief Information Commissioner or Information Commissioner:-

The Chief Information Commissioner or any Information Commissioner shall be removed from his office
only by order of the President on the ground of

• proved misbehaviour or
• incapacity
After the Supreme Court, on a reference made to it by the President, has, on inquiry, reported that the Chief
Information Commissioner or any Information Commissioner, as the case may be, ought on such ground
be removed.

Suspension:- The President may suspend from office, and if deem necessary prohibit also from attending
the office during inquiry, the Chief Information Commissioner or Information Commissioner in respect of
whom a reference has been made to the Supreme Court until the President has passed orders on receipt of
the report of the Supreme Court on such reference.

Other grounds for removal:-

President may by order remove from office the Chief Information Commissioner or any Information
Commissioner if the Chief Information Commissioner or a Information Commissioner, as the case may
be,—

• is adjudged an insolvent; or
• has been convicted of an offence which, or
• in the opinion of the President, involves moral turpitude;
• engage in during his term of office in any paid employment outside the duties of his office; or
• is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or
body; orhas acquired such financial or other interest as is likely to affect prejudicially his functions
as the Chief Information Commissioner or a Information Commissioner.
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Topic:- State Information Commission:-

The state Government shall, by notification in the Official Gazette, constitute a body to be known as the
state Information Commission to exercise the powers conferred on, and to perform the functions.

The State Information Commission shall consist of—The Chief Information Commissioner; andSuch
number of State Information Commissioners, not exceeding ten, as may be deemed necessary.

Appointment of Chief Information Commissioner and other members:- The Chief Information
Commissioner and Information Commissioners shall be appointed by the Governor on the recommendation
of a committee consisting of—

• the Chief Minister, who shall be the Chairperson of the committee;

• the Leader of Opposition in the legislative assembly; and
• a Cabinet Minister to be nominated by the chief Minister.

Qualifications:-

• that person must be of eminence in public lifeand having knowledge and experience in law,
science and technology, social service, management, journalism, mass media or administration
and governance.
• The Chief Information Commissioner or an Information Commissioner shall not be a Member of
Parliament or Member of the Legislature of any State or Union territory, as the case may be, or
hold any other office of profit or connected with any political party or carrying on any business or
pursuing any profession.

Tenure of office:- The Chief Information Commissioner shall hold office for a term of five years from the
date on which he enters upon his office and shall not be eligible for reappointment, Provided that no
Chief Information Commissioner shall hold office as such after he has attained the age of sixty-five years.

Every Information Commissioner shall hold office for a term of five years from the date on which he
enters upon his office or till he attains the age of sixty-five years, whichever is earlier, and shall not be
eligible for reappointment as such Information Commissioner:

Oath:- The Chief Information Commissioner or an Information Commissioner shall before he enters
upon his office make and subscribe before the Governor or some other person appointed by him in that
behalf, an oath or affirmation according to the form set out for the purpose in the First Schedule.

Resignation:- The Chief Information Commissioner or an Information Commissioner may, at any time, by
writing under his hand addressed to the Governor, resign from his office:

Removal of Chief Information Commissioner or Information Commissioner:-

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The Chief Information Commissioner or any Information Commissioner shall be removed from his office
only by order of the Governor on the ground of

• proved misbehaviour or
• incapacity
After the High Court, on a reference made to it by the Governor, has, on inquiry, reported that the Chief
Information Commissioner or any Information Commissioner, as the case may be, ought on such ground
be removed.

Suspension:- The Governor may suspend from office, and if deem necessary prohibit also from attending
the office during inquiry, the Chief Information Commissioner or Information Commissioner in respect of
whom a reference has been made to the High Court until the Governor has passed orders on receipt of the
report of the High Court on such reference.

Other grounds for removal:-

Governor may by order remove from office the Chief Information Commissioner or any Information
Commissioner if the Chief Information Commissioner or a Information Commissioner, as the case may
be,—

• s adjudged an insolvent; or
• has been convicted of an offence which, or
• in the opinion of the Governor, involves moral turpitude;
orengages during his term of office in any paid employment outside the duties of his office; or

is, in the opinion of the Governor, unfit to continue in office by reason of infirmity of mind or body; or

has acquired such governor or other interest as is likely to affect prejudicially his functions as the Chief
Information Commissioner or a Information Commissioner.
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Section C

Topic:- Powers and funtions of Central and State information commissions:-

Power to make inquiry:- The Central Information Commission or State Information Commission, as the
case may be, shall, while inquiring into any of the following matter:-

• The Public Authority failed to appoint Public information officer

• who has been refused access to any information requested under this Act;
• who has not been given a response to a request for information or access to information within
the time limit specified under this Act;
• who has been required to pay an amount of fee which he or she considers unreasonable;
• who believes that he or she has been given incomplete, misleading or false information under this
Act; and in respect of any other matter relating to requesting or obtaining access to
recordsunder this Act.

The Central Information Commission or State Information Commission, while inquiring into any matter
under this section, have the same powers as are vested in a civil court while trying a suit under the Code of
Civil Procedure, 1908, in respect of the following matters, namely:—

• summoning and enforcing the attendance of persons and compel them to give oral or written
evidence on oath and to produce the documents or things;
• requiring the discovery and inspection of documents;
• receiving evidence on affidavit;
• requisitioning any public record or copies thereof from any court or office;
• issuing summons for examination of witnesses or documents; and
any other matter which may be prescribed.

Power to hear appeals:- The Central Information Commission or State Information Commission may
hear appeal within 30 in case of first appeal or within 90 days in case of second appeal.

Penalties:- The Public information officer, makes a default in giving reply to RTI within 30 days. He shall
be liable for fine of 250 rs each day after 30 days and such amount shall not exceeds 25,000 in any case.
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Section D

Topic:-Official Secrets Act:-

Introduction:- Traced back to the British Colonial rule in India, the Indian Official Secrets Act (Act XIV)
of 1889 which later became the Indian Official Secrets Act, 1904 with more stringent and unbending
laws was enacted during a period when the Indian Press had fearlessly taken over to reveal the reality
and dark side of the British rule in India to the Indian masses and whole world trying to awaken the
political awareness and emotion of oneness amongst the Indians. The Indian Official Secrets Act, 1904
was enacted when Lord Curzon was the Viceroy of India.

The Official Secrets Act, 1923, deals broadly with the issue of spying and putting the
country’s confidential details at risk of revelation. This act divides secret information into official codes,
passwords, sketch, plan, model, article, document, etc, but it does not define what a “secret” document
is. With time, debates have arisen on whether to review, amend, or repeal.

Definitions

Extending to the whole nation, officials of government, and citizens of India, the Official Secrets Act,
1923, put forth several definitions under Section 2. Some of the definitions are:

While Section 2(1) describes a place belonging to Government’ as the place inhabited or under the
control of the government even without it being endowed with some rights, Section 2(6) puts forth that
any employment opportunity under a specified division of the government is known as “office under
Government.” Subsection (10) further mentions the office of a “Superintendent of Police” which has a
police officer vested with certain powers by the Central Government.

Any aspect referring to the disclosing the communication or receiving of any information of certain plan,
model, document, sketch, etc, or obtaining and accommodating such information would also comprise
of “transfer or transmission of the sketch, plan, model, article, note or document” under Section 2(2).

“Munitions of war” under the Act is meant to comprise any part or whole of a ship, tank, submarine,
arms, torpedo, and such other material or devices which is used or recommended to be used for war.

Thereafter, a “prohibited place” is defined by Section 2 (8). It could comprise of a place owned or used
by the government, whose damage and revelation of any information would be advantageous for the
enemy; any place which even if does not belong to the government has arms, sketches, models, plans,
ammunitions, etc, being made, stored, structures, formed under a contract made on behalf of the
 19

government: any means of communication on land or water or any place which has a source of
electricity and water for public purposes or a place where plans, models, war arms, etc, are stored on
behalf of the government are declared to prohibited places as information about it or damage caused to
it could be beneficial for any enemy.

Offences :-

The Official Secrets Act, 1923, extended its provisions to protect the privacy and secrecy of the
governance of the country especially for the national security of the country. The Act lays down several
provisions out of which some are:

Section 5 puts forth the provision of offense caused by “wrongful communication of information.” If
someone reveals a secret official code or password or any sketch, plan, model, article, note, document
or information, a prohibited place or a similar place, whose sufficient information could help a potential
enemy, or a high official under a government who has been conferred with the responsibility of
protecting such confidential information, or a person employed under such an official or bound by a
contract or holds a contract on behalf of the government if fails to properly conduct himself and cause
harm to the information held, uses such details and knowledge for helping a foreign power or in a way
‘prejudicial to the safety of the State,’ or purposefully communicates such details to someone who is not
authorized is held to be guilty under this section.

Section 4 highlights that “foreign agent” means any person who has reasonable grounds for being
suspected as he or she is employed by a foreign power by any means, for the purpose of carrying out an
act with or without compliance to the safety of the state [India], prejudicial to the safety or interests of
the State, or who can be suspected for committing or trying to commit the act for the interest of the
foreign power.

Section 4(c) further highlights that any location or address with the perfect reason of being suspected
for receiving communications for an agents purpose or where a foreign agent resides, gives or receives
information, or could be where he carries out any business, maybe assumed as an address of a foreign
agent, and communications addressed is to be known as connecting with a foreign agent.

Under Section 6 if any person for getting entry or helping another to enter a prohibited area which goes
against the safety of the state while doing so if wears an official uniform or a resembling uniform
without legal authority for deceiving and representing himself to be someone with authority, or, gets an
oral or written declaration or document or makes any false statements, or, deceiving someone
 20

represents himself to be an official employed by the government to receive secret and classified
information, etc, is held guilty for committing an offense under this Section. Section 6(3) imposes
imprisonment for a term of three years, or with a fine, or both for committing an offense under this
section.

If any person going against and not considering the safety and interest of the state if approaches and
tends to enter a prohibited place, makes a sketch or plan useful for enemies, collects and communicates
secret code, password, document, plan, notes, etc, useful for the enemy not considering the safety and
sovereignty of the state shall be punishable with imprisonment for a term of 3 years which may extend
in case of an offense related to “any work of defense, arsenal, naval, military or air force establishment
or station, mine, minefield, factory, dockyard, camp, ship or aircraft or otherwise in relation to the naval,
military or air force affairs of Government or in relation to any secret official code” 14 years.
Whereas Section 10 puts forth the provision of penalties for cover and accommodating a spy. Any
person harbors a spy who has committed an offense under Section 3 of the Act or fails to provide the
authorities with information of such people and commits an offense under Section 10 which is
punishable with imprisonment for a term of three years or with fine or both.

Conclusion:- Applying to every Indian government official and every Indian citizen living inside or outside
of the country, the Official Secrets Act, is a comprehensive statute maintaining the security and integrity
of the country by protecting it from spies sent by enemies or the wrongful communication of sensitive
information to anyone other than the authorized official. This British-era law was initially introduced to
repress the voice and activities of national newspapers to try to go against the rule of the Raj. Often
questions are raised on the validity of the Act in the 21st century. The classification of secret documents
put forth by the Act has been in question. It sometimes is considered that this Act is just a way to stop
the citizens from questing about the doings of the government. The Officials Secret Act is considered to
be violating the Right to information. Even though precedents have shown the superiority of the RTI,
there are still cases where unfair and wrongdoings are hidden under the covers of national interest.
With the instances of spies getting caught and sensitive information being revealed, the quashing of this
Act would leave the country on unsafe grounds. Therefore, what is needed is reviewing and
amendments.
 21

Topic:- Public Records Act

Introduction:- It makes provision for the Public Record Office (first set up by the 1838 Public Record
Office Act), moving it from the Master of the Rolls to the Lord Chancellor and putting a Keeper of Public
Records at its head. (This is still the case although the Public Record Office now functions as part of The
National Archives and the Keeper is also Chief Executive)

Role of Public records act:-

• It gives various powers and duties to the Secretary of State for Digital, Culture, Media and Sport,
some of which have since been delegated to the Keeper of Public Records
• It gives various powers and duties to the Keeper of Public Records, including the power to
acquire non-public records
• It sets up the Secretary of State for Digital, Culture, Media and Sport’s Advisory Council
• It sets up arrangements for the selection and transfer of public records to The National Archives
or a place of deposit by a specified deadline. From 1 January 2013 this was reduced from 30 to 20
years, but there is a ten year transition in place covering records from the years 1984-2001 and a
‘saving’ provision means that records from 1983 remain subject to a 30 year transfer ruleallows
public records to be retained by a department for a further period if the Secretary of State
for Digital, Culture, Media and Sport gives their approval
• It sets up the place of deposit system, by which other archives services around the country can be
appointed to preserve and provide access to public records
• It makes special provision for public records relating to Scotland and Northern Ireland, allowing
them to be transferred there where appropriate. There is also special provision for Welsh
public records: under the Government of Wales Act 2006, they are not subject to the PRA but are
to be treated as if they were until an order has been made transferring responsibility for them to
Welsh ministers
• It sets up arrangements for research and other use of public records and for related services, such
as opportunities to inspect records and to buy copies of them
• It allows fees specified in a statutory instrument to be charged for copies and other services
• It allows records not selected for preservation to be presented to another institution as an
alternative to destruction

What does the PRA not do?

It require departments to keep records of their work or to manage those records over and above
safeguarding them and selecting them for preservationdetermine when public records are released for
public access – that happens under the Freedom of Information Act 2000 (FOIA) and, for information
relating to the environment, the separate Environmental Information Regulations 2004 (EIR)

What is a public record under the PRA?

There is no consolidated list of bodies whose records are public records. The Act contains a general
definition of public records at Schedule 1 paragaph 2, specifies some exclusions, and goes on to list
bodies which fall outside the general definition but nonetheless have been made public record bodies.
 22

The following are public records:

• records already in the Public Record Office at the time of the 1958 Act
• administrative and departmental records belonging to Her Majesty, in the UK or elsewhere, in
right of Her Majesty’s Government, and in particular records of or held in any government
department and records of offices, commissions or other bodies under HMG in the UK
• records of courts and tribunals
• records of other bodies if their own legislation brings them within the PRA or they have been
brought within its scope in some other way, e.g. British Council. These bodies are listed in a table
following paragraph 3 of Schedule 1

The term ‘records’ is defined in the PRA (at section 10) in a way that suggests it is intended to be
technology-neutral – ‘”records” includes not only written records but records conveying information by
any other means whatsoever’.

What records are not public records under the PRA?

• records of local authorities, the police (except for the Metropolitan Police up to 2003, when it
passed to the Mayor of London), universities and schools,
• records of bodies working wholly or mainly in Scotland or concerned with Scottish affairs Welsh
public records as defined in the Government of Wales Act 2006
• registers of birth, death, marriage, civil partnership and adoption (known as civil registers)
• the permanent collections of museums and galleries that are themselves subject to the PRA
• the records of non-departmental public bodies (NDPBs) that are bodies corporate and have not
been brought within PRA by their own legislation or by subsequent Order

What are The National Archives’ duties under the PRA?

• provide guidance and supervision to public record bodies on the safekeeping and selection of
public records
• preserve transferred records
• provide facilities for the public to see and obtain copies of transferred records, unless the records
are withheld because an exemption in the Freedom of Information Act applies. The copies can be
certified as authentic copies if requested. Guides and indexes to the records are included in the
facilities offered by The National Archives
• oversee the place of deposit system on behalf of the Secretary of State for Digital, Culture, Media
and Sport
• return records temporarily at the request of the transferring organization.

What are the duties of public record bodies under the PRA?

• selection of records for permanent preservation under the guidance and supervision of the Keeper
of Public Records
• safe-keeping of those records
• transfer of records to The National Archives or an approved place of deposit by the due date
unless they need to be retained, in which case the Secretary of State for Digital, Culture, Media
and Sport’s approval must be obtained
• formal applications for retention are made through The National Archives and reviewed by the
 23

Advisory Council.
Note that the deadline for transfer to The National Archives is being reduced to 20 years following
amendment of the PRA through the Constitutional Reform and Governance Act 2010. This is taking place
gradually, starting with transfer of records from 1983 and 1984 by the end of 2013, and by 2022 the
deadline for transfer will be 20 years disposal of records not selected for preservation, by destruction or
presentation to another institution.

Have they obligations relating to records under any other Acts?

Under the FOIA (and the EIR) they participate in decisions to release or withhold records from public
access:

For records not yet transferred they make the decisions but, if the records are retained records (records
held back from transfer with the Secretary of State for Digital, Culture, Media and Sport’s approval) they
must, if intending to claim that the public interest lies in applying an exemption rather than releasing
the information to an applicant, consult the Secretary of State

After transfer they must advise The National Archives on whether an exemption should be applied and,
if The National Archives decided it should be, decide whether the public interest in disclosure outweighs
the public interest in applying an exemption, consulting the Secretary of State as described in the bullet
point above. This applies whatever the age of the records

they should also follow the good practice set out in the Code of Practice on the Management of Records,
issued under section 46 of the Freedom of Information Act, including the process for transferring
records set out in Part 2 of that Code

the Civil Service Code, issued under the Constitutional Reform and Governance Act 2010, specifies (at
paragraph 6) that civil servants should ‘keep accurate official records’

Which records should be selected for preservation?

The National Archives has issued various types of guidance about appraisal of records to decide whether
they should be selected for preservation or not.
 24

Topic:- Public record rules:-

Acceptance of public records of permanent nature :-

The Director General or Head of the Archives, as the case may be shall accept for deposit and
preservation public records of permanent nature which have been retained after recording by the
records creating agency in its records room for the last twenty five years or more.

Records Officer shall intimate to the Director General or Head of the Archives, as the case may be each
year before 31st day of January, in form-1 the particulars of all public records of permanent nature
which are due for appraisal during the year.

On receipt of an intimation under sub-rule(2), the Director General or Head of the Archives, as the case
may be through his officers shall assist the Records Officer in conducting the appraisal of public records.
When the appraisal is over, the Records Officer shall prepare, in triplicate, a transfer list in Form-2 of all
public records and deposit the same for preservation with the Director General or Head of the Archives
as the case may be who shall after his satisfaction, return one copy of the transfer list to the Records
Officer as a receipt of the public records.

If the Records Officer after appraisal deems it necessary to retain any record or file of permanent nature
beyond the period of twenty five years, he may do so for reasons to be recorded in writing and under
intimation to the Director General or Head of the Archives as the case may be.

Withdrawal of public records :-

If public records deposited and preserved with the Director General or Head of the Archives as the case
may be are required by the records creating agency for any official purpose, then the Records Officer
shall send a duly signed and stamped requisition slip in Form-3 to the Director General or Head of the
Archives as the case may be.

The public records requisitioned under sub-rule (1) may be returned as soon as the purpose is achieved
but shall not be retained beyond the period of six months by the Records Officer or the records creating
agency.

Down-grading of classified records :-

The records creating agency shall by an office order authorize an officer not below the rank of the Under
Secretary to the Government of India to evaluate and downgrade the classified records being
 25

maintained by it. A copy of such office order shall be forwarded to the Director General or Head of the
Archives, as the case may be.

The officer so authorized under sub-rule (1) shall evaluate the classified records every fifth year for the
purpose of down-grading.

After down-grading if the officer declares any record as of permanent nature the same shall be
deposited and preserved with the Director General or Head of the Archives , as the case may be, after its
appraisal.

The records deposited under this rule can be requisitioned for any official purpose and returned to the
Director General or Head of the Archives as the case may be, in the manner provided under rule 6.

Every year in the last week of June and December a half-yearly statement in Form-4 shall be furnished
by the officer authorized under sub-rule (1) to the Director General or Head of the Archives, as the case
may be on the action taken for evaluation and downgrading the classified records.

Submission of Annual Report :-

The Records Officers nominated under rule 3 shall furnish to the Director General or Head of the
Archives as the case may be an Annual Report in Form-5 every year in the month of March of the
following year.

The Director General or Head of the Archives as the case may be shall thereafter, submit a report to the
Government in the Ministry of Human Resources Development every year on the action taken by the
Records Officer in pursuance to the provision of clauses (a) to (1) of sub-section 1 of section 6 of the Act.

Destruction of Public Records :-

No Public Records shall be destroyed without being recorded and reviewed. In the month of January
every year each records creating agency shall record after consulting the records retention Schedule all
these files on which action has been completed. This work shall be accomplished in consultation with
the Records Officer.

No public records which is more than twenty five years old shall be destroyed by any records creating
agency unless it is appraised.

A list of all such public records which are proposed to be destroyed shall be prepared by the record
creating agency in Form-6 and retained permanently for future reference.
 26

The Records Officer shall furnish a half yearly report in Form-on recording, indexing, reviewing and
weeding of records to the Director General or Head of the Archives, as the case may be.

Records shall be destroyed either by burning or shredding in the presence of Records Officer.

Access to private records :-

Records acquired from private sources by way of gift or purchase or otherwise shall be made available
for bona fide research subject to the conditions laid down by the donor.

Research scholars shall submit an application in Form-8 to the Director General or Head of the Archives
as the case may be for permission to consult records. The Director General or Head of the Archives as
the case may be, may refuse such permission in public interest and for reasons to be recorded on the
said application.

Wherever microfilm rolls may be available the original records shall not be supplied for consultation to
research scholars. No copy of any records shall be made by any one without the prior permission of the
Director General or Head of the Archives, as the case may be.

Access to public records :-

The public records accepted for deposit and preservation under sub-rule (1) of rule 5 shall be made
available for bona fide consultation and research purpose subject to the provision of sub-section (1) of
section 12 and the following conditions namely.

A person who intends to consult the public records shall apply to the Director General or Head of the
Archives, as the case may be in Form-8. The Director General or Head of the Archives, as the case may
be may refuse such permission in public interest and for reasons to be recorded on the said application.

Foreign nationals intending to consult the public records may be permitted only on the production of
letters of introduction from their sponsoring institution and diplomatic Mission.

Record maps and cartographic records relating to the Ministry of External Affairs and Ministry of
Defence, in respect of Arunachal Pradesh (including Eastern Section of the Sino- Indian border) Sikkim,
Bhutan, Nepal, Tibet, China and Myanmar and areas comprising Pakistan and Bangladesh may be made
available for consultation keeping in view the security and the defence of India or of any part of the
Territory thereof.

Records relating to the Ministry of External Affairs. Home Affairs and Human Resources Development in
respect of Jammu and Kashmir (including Gilgit and Chitral) may also be made available for consultation
 27

keeping in view the security and defence of India or of any part of the Territory thereof. Provided that
the Director General or Head of the Archives as the case may be refuse such consultation.

Wherever microfilm rolls may be made available the original records shall not be supplied for
consultation to research scholar.

Reprographic and transcription facilities may be made available on submission of an application in Form-
9 and for such services the applicant shall have to make the payment of such services (the applicant
shall have to make the payment of such services charges) as may be fixed by the Director General or
Head of the Archives as the case may be from time to time.

A person consulting public records for the purpose of research and publishes the work which is based
upon the material taken from the said records may acknowledge the same.

A person intending to consult the public records shall not :-

• Write and put any marks or indications on public records;

• Fold, tear, cut, crease, or otherwise damage or mutilate public records;
• Remove any public records without obtaining the permission from the Director General or Head
of the Archives, as the case may be;
• Be allowed to take any eatable or drinking products or smoking while consulting public records;
• Place anything or object on any public records with a view to make out any copy of the said
records;
• Disturb or interrupt any other person while consulting the public records; and Behave in a manner
which in the opinion of the Director General or Head of the Archives as the case may be is
detrimental to the maintenance and preservation of public records.

Allowances to the members of the Archival Advisory Board :- The members of the Archival Advisory
Board nominated by the Central Government under clause (d) of sub-section 2 of section 13 shall draw
travelling allowance and daily allowance for attending the meetings of the Archival Advisory Board at
the rates admissible to Group 'A' officers of the Central Government.
 28

Topic:- The commission of Inquiry act and rules:-

Introduction:- Inquiries and investigations are thus important methods of acquiring information. Such
information is needed as feedback for policy making by the government. It is also a source of
information for people. Parliament enacted the Commissions of Inquiry Act, 1952, which authorises the
central and state governments to appoint inquiry commissions to make inquiries in the definite matters
of public importance. This is a central legislation enacted under the constitution, Schedule VII, List I and
III.

The commissions of inquiry act gives powers to the central government to appoint a commission of
inquiry, to make inquiry into any matter relatable to any of the entries enumerated in List I and III. The
Act empowers the state governments to appoint inquiry commissions, to make inquiry into any other
matter relatable to any of the entries enumerated in List II or III of Schedule VII.

Powers of commission

A commission of inquiry has powers of a civil court are:

• summoning and enforcing attendance of any person from any part of India and examining her on
oath.
• requiring discovery and production of nay document.
• receiving evidence on affidavits.
• requisitioning any public record or copy thereof from any court or office.
• issuing commissions for the examinations of witnesses or documents and
• any other matter, which may be prescribed.

The commissions powers under Section 4 of the Act to call upon any person to appear as a witness in
terms is very wide and is not circumscribed by fetters of state. A commission has power to require any
person, subject to any privilege which may be claimed by that person under any law for the time being in
force, to furnish information on such points or matters as in the opinion of the commission, may be useful
for, or relevant to, the subject matter of the inquiry. That persons is deemed to be legally bound to furnish
such information within the meaning of sections 176 and 177 of IPC.

A commission is deemed a civil court when any offence, to described in section 175, 178, 17, 180 or 228
of IPC, is committed in its view or presence. It may, after recording the facts of the offence and statement
of the accused, forward the case to a magistrate having a jurisdiction to try those offences. A commission
has the power to utilise services of certain officers and investigation agencies for conducting
 29

investigations pertaining to inquiry. It has also been given powers to appoint persons having special
knowledge of nay matter connected with inquiry as assessors, to assist and advise it.

Quasi judicial functions

Although a commission of inquiry has been given powers of a court for some purposes, if it is not a court
and its functions is not judicial (Ram Krishna Dalmia v Justice Tendulkar). The reasons for holding it to
there may not be any dispute before the commissions.

Other factors of Commission:-

• it does not decide anything conclusively but merely gives its findings.
• there is no appeal against its findings.
• it does not follow the adversary procedure but is essentially inquisitorial in its approach.

The act however says that any proceedings of a commission shall be deemed judicial proceedings within
the meanings of Section 193 and 228 of IPC.

The commissions powers under Section 4 of the Act to call upon any person to appear as a witness in
terms is very wide and is not circumscribed by fetters of state. A commission has power to require any
person, subject to any privilege which may be claimed by that person under any law for the time being in
force, to furnish information on such points or matters as in the opinion of the commission, may be useful
for, or relevant to, the subject matter of the inquiry. That persons is deemed to be legally bound to furnish
such information within the meaning of sections 176 and 177 of IPC. The act however says that any
proceedings of a commission shall be deemed judicial proceedings within the meanings of Section 193
and 228 of IPC.
 30

Topic:- Press and NGO role in RTI:-

Introduction:- Participation in governance is at the heart of any successful democracy. As citizens, we

need to participate not only at the time of elections but on a day-to-day basis – when decisions on
policy, laws and schemes are being made and projects and activities are being implemented. Public
involvement not only enhances the quality of governance but also promotes transparency and
accountability in government functioning. But in reality how can citizens take part in governance? How
can the public understand how decisions are being made? How can ordinary people find out how tax
money is being spent or if public schemes are being properly run or whether the government is acting
honestly and fairly when it makes decisions? How can government servants be made answerable to the
public they are supposed to serve?

Using the RTI Act, NGOs and CSOs, therefore, can facilitate social audits of
government processes, activities, programmes, schemes etc., and help improve public service delivery
and the efficacy and accountability of public officials. They can use the RTI Act to inspect various
processes, programmes and schemes of any public authority. They can even examine the works
undertaken by any Government Department at any stage and draw samples of materials that are in use.
NGOs and CSOs can also collect and verify records, documents and samples of particular works
undertaken by the Government.

Role of Media/Press: Information is power and is regarded as the oxygen of democracy. If people do not
know what is happening in their society, if the actions of those who rule them are hidden, then they
cannot take a meaningful part in the affairs of the society. Freedom of expression, free dissemination of
ideas and access to information are vital to the functioning of a democratic government. Information is
crucial for a vibrant democracy and good governance as it reflects and captures Government activities
and processes. Access to information not only facilitates active participation of the people in the
democratic governance process, but also promotes openness, transparency and accountability in
administration. ‘Right to Information’ (RTI), the right of every citizen to access information held by or
under the control of public authorities, can thus be an effective tool for ushering in good governance.

Transparency means that decisions are taken openly and enforced as per rules and regulations. It
requires that information is freely available and directly accessible to those who will be affected by such
decisions and their enforcement. It also means that enough information is provided to all the
stakeholders in easily understandable forms and media to enable their meaningful participation in
 31

decision making processes. Accountability means that public institutions and functionaries are
answerable to the people and to their institutional stakeholders. Accountability cannot be enforced
without a regime of transparency. A direct relationship exists between right to Information, informed
citizenry and good governance.

The Right to Information provides citizens the opportunity of being informed of what the Government
does for them, why and how it does it. Public participation in Government, respect for the rule of law,
freedom of expression and association, transparency and accountability, responsiveness, equity and
inclusiveness, effectiveness, efficiency, accountability, strategic vision and consensusorientation,
legitimacy of Government, and the like, which are the core values of good governance, can be realised
only if the right to information is implemented in the right spirit. Right to information is the hallmark of
good governance.

The media/Press can make a real difference to the lives of poor and disadvantaged people by:

• making people more aware of their rights and entitlements;

• enabling people to have access to government programmes, schemes and benefits;
• making people more aware of political issues and options and helping to stimulate debate;
• educating the public on social, economic and environmental issues;
• drawing attention to institutional failings – corruption, fraud, waste, inefficiency, cronyism,
nepotism, abuse of power and the like;
• fostering exchange of best practices, knowledge resources, access to better technology, and to
better choices;
• creating pressure for improved government performance, accountability and quality, for example
in service delivery; and
• providing a discursive space for citizens to dialogue with other actors in the governance process.

Role of NGO and press/Media

Empowerment:-

Media and N|GO have a definite role to play in the empowerment of citizens. It gives voice to the needs
and aspirations of the people and provides them access to relevant information. When people lack a
voice in the public arena, or access to information on issues that affect their lives, and if their concerns
are not reasonably reflected in the public domain, their capacity to participate in democratic processes
is undermined.
 32

Social Awareness & Action:-

The media and NGO can be effective in not only preserving freedom but also extending it. The news
media plays a decisive role in establishing a discursive space for public deliberations over social issues.
The formative influence of the media on public attitudes, thoughts and perceptions is fundamental to
the process of citizen engagement in public dialogue. Giving a voice to the poor also entails giving the
poor people adequate opportunities to take initiatives for overcoming their problems. The media,
through its role in shaping public awareness and action, can be a critical factor in facilitating sustainable
development and poverty reduction.

Good Governance:-

Good governance is recognized as central to poverty eradication, and a free media is a necessary
condition for good governance. As an information conduit between corporations, government, and the
populace, the media acts as a watchdog against government malfeasance, while at the same time
fostering greater transparency and accountability. The media monitors public service delivery and
reports on key issues to the public at large, and in this process exerts pressure on public service
providers. By highlighting institutional failings to guard against and institutional successes for
replication, the media creates the right framework of incentives for good governance.

Other important roles of Press and NGO:-

• In monitoring implementation of the Act

• In reporting on the effectiveness & efficiency of public service delivery

• In highlighting corruption and fraud related issues

• In highlighting citizen grievances

• In highlighting significant cases or efforts made by organisations/individuals on RTI andCatalyzing

Effective Implementation of the Act

• Providing Information to the Citizens and Building Awareness on the Act:

• Giving Voice to the Citizens

• Acting as a Watchdog on behalf of the Citizens

• Reporting Social Audit

 33

Topic:- Public Awareness and Public participation in RTI:-

Introduction:- The Right to Information Act (hereinafter RTI) becomes all the more significant in India
because of the fact that it has paved the way for making Indian democracy a substantive one. This Act
has probably come at a right time, as the political systems around the world is moving towards a more
direct and participatory democratic practices, and it is here the Right to Information becomes handy in
facilitating the process of transforming a representative democracy into a participatory one.

Well informed citizenry can make better choices and are able to effectively
participate in the governance process. In the absence of information, the people may fail to reflect and
appraise the success or failure of various policies committed to alleviate the conditions of the people. In
other words, for a democratic government to be responsive to the public opinion, information must be
made available to the people. In this sense, the Right to Information has proven to be a key component
of a healthy democracy because it empowers citizens with the right to demand what activities and
decisions are being made in their name. Information and knowledge promote and ensure a transparent,
open and accountable governance structure, the conditions that are necessary for the success of
democracy.

Importance of Public awareness and participation in RTI:- It is generally argued that in modern society,
information is power. It is also argued that by sharing information we can promote decentralisation and
participatory governance. The dominant discourse on the Right to Information is that it is a
revolutionary enactment which has placed huge powers in the hands of the ordinary citizens of the
country to demand a transparent and accountable administration. Yet the most significant level of
public service delivery is the grassroots level. For it is in the grassroots level that the success or failure of
any policy or programme could determine. Moreover, the interaction of the common public whom the
RTI Act intends to benefit is highest at the grassroots level.

Boost Transpiracy:- Transparency refers to 'the availability of information to the general public and
clarity about government rules, regulations and decisions. it is believed that transparency in government
will help to hold officials accountable for the mishandling of public time and money, as well as help to
expose the corrupt and allow the honest to do their jobs without fear or favour

Reduce corruption:- Corruption is a complex phenomenon rooted most deeply in bureaucratic and
political institutions. In the ntext of public office, corruption is the misuse of public office, power or
 34

authority for private gain. The more participation of public in RTI may reduce the chance of corruption in
public sector.

Ensure good governance:- The modern concept of good governance goes beyond the concept of
governance in that it includes, among others, participation, transparency, accountability and seeks to
promote the rule of law. It ensures that the political, social and economic priorities are based on broad
consensus in society and that the voices of the poorest and most vulnerable are heard in decision-
making over the allocation of development resources.

Empower poor people:- There always exist the voice a few and not of each and every individual. As a
result people struggle to fulfill their needs. The public fund meant for serving the cause of these people
goes in the hands of middle man and influential people. In this regard RTI is a powerful instrument to
pressure government to use the funds and programs in the best possible way to bring a visible change.
Moreover, every citizen of a nation has a right to be informed of the important aspects governance
affecting his life. It marks the beginning of a new set of relationship between the government and the
various segments of the society. It is the RTI Act that envisages the empowerment of the common
citizen with ideas and information to seek his/her entitlements.

Suggestions and Recommendations for better implementation of RTI:

• RTI awareness programme such as RTI training and Workshops at both block and GP level is
most needed to make RTI more effective at local level. The training and awareness programme is
needed both for the officials as well as for people.
• Both state and Central government should take special attention to encourage the women by
giving training and awareness on RTI to use RTI more to participation in the matter of
governance and there should be more• lady officers appointed as PIO to encourage the women.
• There should be a RTI help desk at every public authority so that the people who do not fill RTI
for their own can get help through RTI help desk. This kind of initiative will must bring effective
changes in RTI regime.
• The government at local, state and central level should make sure that every public authority,
whether its block or GPs level, has the facility of computers, printers and photocopy machines
which will be easy both for information provider ( to disseminate and store information) and
information seeker(to get information).
Conclusion:- To bring a positive feelings and encouragement among the PIOs for RTI there should be
provisions for Rewards for PIOs who is delivering his duty properly and following the guidelines of RTI.

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