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LALRINSANGA

JMC / 13 /40

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‘Democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed’

Right to Information Act 2005

Right to information includes the right to:

inspection of work, documents, records;

taking notes, extracts or certified copies thereof;

taking certified samples of material;

obtaining information in the form of diskettes, floppies,tapes, video cassettes or in any other electronic mode orthrough printouts where such information is stored in acomputer or in any other device;

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Transparency & Accountability in the working of every public authority

The right of any citizen of India to request access to information and the corresponding duty of Govt. to meet the request, except the exempted information (Sec. 8/24)

The duty of Govt. to pro-actively make available key information to all (Sec 4).

A responsibility on all sections: citizenry, NGOs, Media

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It fundamentally restructures the debate on

governance from what should be revealed to what

must be kept secret and undoubtedly reflects the

potency of India’s vibrant democracy.

The Central Information Commission can, under

Section 19 (8) (a) (iii), require every public authority

to “publish certain information or categories of

information” under the Act. Should the public

authority not comply, Section 19 (8) (c) gives the

Commission the power to “impose any of the

penalties provided under this Act”.

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It includes the right to -

i. inspect works, documents, records.

ii. take notes, extracts or certified copies of documents or

records.

iii. take certified samples of material.

iv. obtain information in form of printouts, diskettes, floppies,

tapes, video cassettes or in any other electronic mode or

through printouts.[S.2(j)]

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Covers all PUBLIC AUTHORITIES which means:

Any body constituted under the Constitution or a law made by Parliament or State Legislatures.

Any body constituted by a notification or order issued by the Central / State Governments.

Any body owned, controlled or substantially financed by the Central Government or the State Government.

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Intelligence and security organisations established by the Central or State Governments as notified from time to time.

However, information relating to alleged corruption or human rights violations is not exempted from disclosure.

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Information which would prejudicially affect

sovereignty and integrity of India;

security/strategic/scientific/economic interests of the State;

relation with foreign State

Information which might incite an offence

Information which

- is forbidden by a court;

- that causes a breach of privilege of the Legislature;

- would harm the competitive position of a third party;

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- is held in fiduciary relationship, unless larger public interest

warrants disclosure;

- received in confidence from foreign Government;

- would endanger the life of any person;

- would impede the process of investigation;

- would involve an infringement of copy right.

Personal information which has no relationship to any

public activity or interest

Cabinet papers including records of deliberations of the

Council of Ministers, Secretaries and officers;

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The following is exempt from disclosure [Sec.8]

information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence

information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court;

Contd.

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information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;

information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;

information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;

information received in confidence from foreign Government 12

information which would impede the process of investigation or apprehension or prosecution of offenders;

cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers;

information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual;

Notwithstanding any of these exemptions or the Official Secrets Act 1923, a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests-Sec 8(2).

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The Central Information Commission is an autonomous body set up to inquire into complaints received from citizens

You can complain that you have been refused access to information. You can also complain about how the public authority has handled your request, for instance;

+ failure to respond to your request within 30 working days (or failure to explain why an extension to the 45 days is needed)

+ failure to give you proper advice and help within the stipulated time

+ failure to give information in the form in which you asked for it

+ failure to properly explain reasons for refusing your request.

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The provisions of the Act have an overriding effect over anything inconsistent contained in the Official Secrets Act, 1923 or any other law or instrument

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Removal of difficulties

Central Government empowered to issue orders to remove difficulties in the implementation of the Act.(Sec. 30)

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