Keith Mack
The Right to Information Act, 2005 (RTI) is an Indian law that gives citizens access to information from public authorities. The act replaced the Freedom of Information Act, 2002, and came into force on 12 October 2005. The RTI Act empowers citizens to request information from the government or instrumentality of the state, which is required to respond within thirty days. The act promotes transparency and accountability and helps contain corruption. RTI appeals are often rejected due to bureaucratic requirements, and many citizens require assistance from NGOs, RTI activists, or lawyers to file their RTIs. The act has faced criticism and attempts at amendment, including a bill introduced in 2013 that sought to remove political parties from its scope.
| Characteristics | Values |
|---|---|
| Year | 2005 |
| Purpose | To empower citizens, promote transparency and accountability in the working of the government, contain corruption, and make democracy work for the people |
| Scope | Citizens of India only |
| Information Sources | Any "public authority" (a body of government or "instrumentality of State") |
| Response Time | 30 days; 48 hours if the matter involves life and liberty |
| Bureaucratic Requirements | Must be typed, written in English, and include an index of attached papers and a list of dates |
| Fee | Requisite fee during office hours on working days |
| Amendment | The Right to Information (Amendment) Bill removed political parties from the scope of the law |
| Recent Developments | The Right to Information Act 2019 modified the terms and conditions of service of the CIC and Information Commissioners |
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What You'll Learn
RTI Act, 2005
The Right to Information Act, 2005 (RTI) is a significant law in India that allows citizens to request information from government bodies. The Act sets out rules and procedures regarding citizens' rights to information. It replaced the former Freedom of Information Act, 2002.
Under the RTI Act, any citizen of India may request information from a "public authority" (any body of government or "instrumentality of State") which is required to respond within thirty days. In cases involving a petitioner's life and liberty, the information must be provided within 48 hours. The Act also requires public authorities to computerize their records and proactively publish certain information so that citizens can easily access it without having to make formal requests.
The RTI Act has been widely seen as a positive development in Indian democracy, promoting transparency and accountability in the government. It is often considered an effective tool to control corruption and make the government accountable and curb the arbitrary use of power. The Act also extends to non-governmental organisations funded by the government.
However, there have been concerns about the protection of sensitive information. Section 8 of the RTI Act outlines exceptions to the disclosure of information, including national security, personal information, third-party information provided in confidence, commercial interests, and information protected by law.
There have also been reports of people facing attacks, harassment, or property damage due to the information they sought under the RTI Act. This has led to calls for amendments to the Act to provide better protection for those seeking information.
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RTI appeals process
The Right to Information (RTI) Act, 2005, is a law in India that allows any citizen to request information from a public authority. If a citizen is not satisfied with the information provided or if no information is given within the prescribed time, they can file an appeal.
First Appeal
The first appeal can be filed with the First Appellate Authority of the respective department. The contact information of the First Appellate Authority is usually available on the website of the department. The fee for filing a first appeal is Rs. 10/- (Rupees ten only), which can be paid by Indian Postal Order, Demand Draft, or in cash with the Cashier against a proper receipt. There is no fee for people who are below the poverty line.
Second Appeal
If the citizen is still not satisfied with the information provided or if there is no response from the First Appellate Authority, they can file a second appeal. The second appeal can be filed with the Central Information Commission or the State Information Commission, depending on the case. The second appeal must be filed within 90 days from the date of receiving the decision of the First Appellate Authority or within 90 days after the expiry of 45 days of filing the first appeal if no reply has been received. If the second appeal is filed after 90 days, it may still be admitted if there was a sufficient cause for the delay.
The Central Information Commission or State Information Commission will decide the appeal in accordance with the prescribed procedures. The onus to prove that a denial of a request was justified lies with the concerned Central Public Information Officer or State Public Information Officer. The decision of the Commission is binding.
For any queries or assistance in filing appeals, citizens can contact the help desk of the Central Information Commission or the RTI online portal during normal office hours.
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RTI and political parties
The Right to Information (RTI) Act in India provides citizens with the right to secure access to information under the control of public authorities to promote transparency and accountability. Political parties in India have resisted compliance with the RTI Act, arguing that they are not "public authorities" under the Act and that disclosing internal workings and decision-making processes would be undemocratic and detrimental to their functioning.
In 2013, the Central Information Commission (CIC) declared six national political parties—the BJP, the Congress, the BSP, the NCP, the CPI, and the CPI(M)—as public authorities under the RTI Act. However, these parties have refused to comply with the CIC's ruling, and the CIC admitted in 2015 that it lacked the enforcement power to implement its decision.
The issue of bringing political parties under the RTI Act has reached the Supreme Court, which has deferred hearings on multiple Public Interest Litigations (PILs) seeking to declare political parties as public authorities for transparency and accountability. The Supreme Court has acknowledged the concerns of political parties about potential infringement on their internal decision-making processes, but the matter remains unresolved.
RTI activists and NGOs like the Association for Democratic Reforms (ADR) have argued for the inclusion of political parties under the RTI Act, citing the need for transparency in political funding and the responsibility of political parties as recipients of indirect public funding. They have also highlighted the lack of complete financial information available to the public.
The Election Commission of India has contradicted the CIC's directive, stating that political parties are out of the purview of the RTI Act. However, RTI activists have criticized this stance, asserting that information held by the Election Commission about political parties falls under the RTI Act. The ongoing debate and legal proceedings reflect the complexities and challenges in ensuring transparency and accountability in the funding and functioning of political parties in India.
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RTI and police inquiries
The Right to Information Act (RTI) in India gives citizens the power to access information from public authorities. This includes the ability to request information related to police inquiries and complaints.
In the case of Shri Rahul Kumar Goyal v. Delhi Police, the appellant filed an RTI application on April 16, 2012, seeking information on whether his father-in-law had lodged multiple police complaints against him and his family members. He also requested details on the action taken on these complaints and any documents attached to them. The Central Public Information Officer (CPIO) responded to the appellant's queries but the appellant was not satisfied with the reply.
The appellant then filed a first appeal on May 28, 2012, before the First Appellate Authority (FAA). The FAA directed the CPIO to provide complete and specific point-wise information to the appellant within seven days, as sought in the RTI application and permissible under the RTI Act. This included a copy of the police complaint dated 9.9.2005 along with relevant documents.
In another case, an appellant filed an appeal before the Commission against the Delhi Police for not providing complete information in response to an RTI application. The appellant sought information related to a police complaint, inquiry report, and statements. The Commission directed the CPIO to locate the relevant file and provide a copy of the complaint along with related documents to the appellant. If the file was untraceable, the CPIO was instructed to provide a specific reply stating the action taken by the police and the reasons for any inaction.
These cases illustrate how citizens in India can use the RTI Act to seek information related to police inquiries, complaints, and investigations. It provides a mechanism for transparency and accountability in the functioning of public authorities, including law enforcement agencies.
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RTI and intellectual property
The Right to Information (RTI) Act, 2005 is an act of the Parliament of India and the Delhi Legislative Assembly that sets out the rules and procedures regarding citizens' rights to access information. It replaced the Freedom of Information Act, 2002, and is not included as a Fundamental Right in the Constitution of India, although it does protect the fundamental rights to freedom of expression and speech. Under the RTI Act, any citizen of India may request information from a "public authority", which must respond within thirty days, or within 48 hours if the matter involves a petitioner's life and liberty.
Intellectual property rights (IPR) are a type of private right acquired by a person through proprietorship or assignment of particular IPs. The duration of these rights varies depending on the type of intellectual property, with patents lasting up to 20 years, designs up to 15 years with a possible renewal period of 5 years, copyrights lasting for the author's life plus 60 years, and trademarks having no time limit. After these periods, IPRs become part of the public domain, and anyone can use them.
The RTI Act has implications for IPRs, as it allows citizens to request information from public authorities, including those related to intellectual property. However, there are concerns about the ability of Public Information Officers (PIOs) and government offices to understand and apply intellectual property laws in the context of RTI requests. Section 9 of the RTI Act gives PIOs the discretionary power to reject requests that may involve an infringement of copyright belonging to someone other than the state. This section highlights the need to understand what constitutes copyright and its infringement, as well as the scope of works covered by copyright law.
While the RTI Act provides citizens with greater access to information, including some related to intellectual property, it is important to consider the potential challenges and limitations, especially when dealing with sensitive or legally complex subjects like intellectual property.
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Frequently asked questions
RTI stands for Right to Information. The RTI Act, 2005 is an act of the Parliament of India & Delhi Legislative Assembly which sets out the rules and procedures regarding citizens' right to access information.
The basic objective of the RTI law in India is to empower citizens, promote transparency and accountability in the functioning of public authorities, contain corruption, and make democracy work for the people.
Only citizens of India can file an RTI application. Applications should be submitted along with documentary proof of Indian citizenship.
