Capacity Building for Public Access to Information

jkT; lwpuk vf/kdkfj;ksa ds fy;s lwpuk dk

vf/kdkj fo"k;d izf'k{k.k
O F
E S ON
U R T I
A T M A
F E OR
N T N F
I E I T
L T O C
SA HT A
I G R.K.CHOUBISA B.A.(Hons), M.A., M.Phil.
R Associate Professor [Public
Administration]
HCM Rajasthan State Institute of Public
Administration, Jaipur-3020 17
e-mail: rk4_choubisa@hotmail.com
 Demand for Governance

r e siv
pa o n
ns sp
Tr
a Re
nt e

TODAY

n d r - ly
a nt e
u
t
s ie Us end
J fi c e s fr i
E f l ic i
Po
 BACKGROUND
• Promote Transparency of Information
• Promote openness in administration
• Promote Accountability in the working of
The Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW),

every
public authority
• Democracy requires an informed citizen
• Preservation of confidentiality of sensitive
information.
RTI IN INDIA-A Revolutionary Step

 Removing the veil of secrecy.

 Promote Transparency of Information.
 Promote openness in Administration.
 Promote Accountability in the working of every
public authority.
 Democracy requires an informed citizen.
 Empowerment of Citizenery.
 Preservation of confidentiality of sensitive
information.
 Deeply rooted in Article 19(1).
 Building capacity of government officials as
 Administrative Accountability

Legislature

Executive Political Leadership

Government

Judiciary
Bureaucratic Leadership

Citizen
RTI ACT 2005: FACT
SHEET
The Right to Information Act, 2005 –
• Issued by Ministry of Law and Justice
(Legislative Department)
• Act of Parliament –Introduced in the Lok Sabha
on 23 December 2004, passed on 11 May 2005
by LS and 12 May 2005 by RS.
• President Assent : 15 June 2005
• Published in the Gazette of India Extraordinary
Part II New Delhi Tuesday 21 June 2005
 Preamble

• To secure access to information under the

control of public authorities;

• To promote transparency and accountability

in the working of every public authority;

• To constitute a Central Information

Commission and State Information
Commissions;
 • Chapter I Preliminary 2 sections
S
6 Chapters, 31 sections

T
2 Schedules

• Chapter II Right to Information

R and obligations of public
Authorities Sections 3 to 11
U • Chapter III The Central
Information Commission Section
C 12 to 14
• Chapter IV The State Information
T Commission Section 15 to 17

U • Chapter V Powers and functions

&

to the Information Commissions,

R Appeals and Penalties Section 18
to 20
E • Chapter VI Miscellaneous
Section 21 to 31
EFFETCS:
Immediate Effect:
• Obligations of Public Authorities Section 4(1)
• Designation of PIOs and APIOs Sec.5 (1) & (2)
• Constitution of CIC and SIC Section 15 & 16
• Non applicability of the Act to Intelligence and
Security Organisations Section 24
• Power to make rules to carry out the provisions of the
Act by the Appropriate Government and the
Competent Authority Section 27 and 28

• Remaining provisions- 120th day of its

enactment (12 June 2005- 12 October
Salient Features

• A citizen has a right to seek information from

a Public Authority which is held by the Public
Authority or which is held under its control.
• The right to seek information from a Public
authority is not absolute. Section 8 and 9
enumerate the categories of information
which are exempt from disclosure.
 Salient Features

• Public authorities to designate Public Information

Authorities and Assistant Public Information
Officers within 100 days of the enactment.
• Application for seeking information is to be made
to an officer of the Public Authority who is State
Public Information Officer. He is responsible to
deal with requests of information/assist persons
seeking information.
 Salient Features

• The Act makes it obligatory for every Public

Authority to make suo-motu disclosure in
respect of the particulars of its Organization,
functions, duties etc. as provided in section 4
of the Act.
• Transfer of a request by a Public authority to
another public authority wherein the subject
matter/information is held by the latter.
 Salient Features

• A Citizen should make an Application to the State

Public Information Officer in writing in English or
Hindi or in the official language of the area in
which application is made.
• The Application is to accompany a Demand
Draft/Banker Cheque/Indian Postal Order of Rs.
10 payable to the Accounts Officer of public
authority as fee prescribed.
Salient Features

• No prescribed form of application for

seeking information. It can be made on
plain paper with Name and complete
postal address of the applicant.
• The information seeker is not required
to give reasons for seeking information.
• Time limit-30 days/48 Hours/45 Days
Salient Features

• If an application is not supplied

information within the prescribed
time or not satisfied with the
information provided, he may prefer
an appeal to the first Appellate
Authority who is an officer senior in
rank to the Public Information Officer.
• No fees for making an Appeal
Salient Features

• Creation of an independent non judicial

machinery State Information Commission
to decide 2nd stage appeals.
• Legal framework of exercise of powers by
Commission defined in the Act.
• Two tier appellate Forum: 1. Appeal to
departmental officer senior to the PIO, 2.
To the Commission.
 Salient Features

• If Appellant Authority fails to pass an order

on the appeal with in the prescribed period,
if the appellant is not satisfied with the order
of the First Appeal Authority, he may prefer
a Second Appeal with the State Information
Commission within 90 days from the date on
which the decision should have been made
by the First Appellant Authority or was
actually received by the Appellant.
 Salient Features

• Provision of Complaint if the Public

Information Officer fails to satisfy or it is a
case of refusal access to any information
requested under the Act or it is a case of
over charging etc. The complaint can be
made to the State Information
Commission.
• The Commission decides the appeals and
conveys its decision to the Appellant/
Complainant and First Appellant Authority.