The Right to Information is very important topics for general public as well as exam point of view. So in this article we will study about Right to Information which we often seen in news. Right to Information Act of 2005 is very important topic to be asked in Judiciary Exam as well as UPSC exams.
Introduction
In the field of administrative law, this is becoming an increasingly hot topic. Open government is a goal that the United States, Australia, and New Zealand have made significant strides toward in recent years. The literature on this subject is massive.
The emphasis right now, in democracies everywhere, is on transparency in governance. There are, in fact, relatively few matters that require secrecy to protect public safety or national interest. Occasionally, the law may demand privacy for its own sake. Nonetheless, the level of concealment should be limited to what is required for the task at hand. Based on the letter’s implied meaning, there are a number of arguments in favor of a transparent government. The people’s ability to take part in government is seen as crucial in a democracy, but they cannot do so if they are unaware of what’s happening in their country.
Right to Information
Prior to the passage of Freedom of Information legislation, the Supreme Court, applying a liberal interpretation of the First Amendment, had already determined that citizens have a right to know and access information because the idea of open government follows logically from the right to know which is implicit in the free speech and expression guaranteed by Article 19(1) A of the Constitution.
On May 24th, 1919, the Chief Minister convened a conference on efficient and accountable government, where it was unanimously agreed that a Right to Information Law should be enacted. In fact, the Parliamentary standing committee on Home Affairs urged that the government take action to implement such laws in its 38th report. The Government of India established a working group on the right to information and the promotion of open and transparent government in an effort to make the government more accessible and responsible to the public. With an eye toward making the proposed Freedom of Information bill compatible with the civil service regulations, the working group has produced a draft of the government’s Freedom of Information bill. After deliberation, the government of India passed the Freedom of Information Act of 2002, which was signed into law by the president of parliament on June 1, 2003.
Judiciary Study Material and Test Series
Right to Information Act of 2005.
“It is an Act to provide for settling out the practical regime of right to information for citizens to secure access to information under the control of public authorities in order to promote transparency and accountability in the working of every public authority,” the Act’s long title proclaims. According to Section 3 of the Act, citizens have the right to information, within the bounds of the Act. The public authority was mandated by the act’s section 4 to keep all relevant records and make the information required by section 4(1)B public no later than 120 days after the act’s adoption. According to Section 5, every public authority is obligated to appoint as many officers as are required to fulfill requests for information made under the Act from any individual. This includes both central public officers and state officers, if applicable.
Application for Right to Information
Each applicant who submits a request for information is exempt from providing a reason or any other personal detail beyond what is necessary to contact him, as stated in Section 6. For requests that pose an immediate threat to a person’s life or freedom, the central public information officer has 48 hours from the time the request was received to deliver a response. This response complies with Section 7, which deals with the disposal of requests. The reasons for denying access to requested information are listed in Section 9. The privacy of third parties is addressed in Section 11. The Central Information Commission is established in Section 12, and the State Information Commissions are established in Section 15. Commission’s authority and responsibilities are outlined in Section 18. A single individual’s ability to appeal the judgment of the Central Information Office or a State Information Officer is established under Section 19. The penalties are discussed in Section 20.
Format of RTI Application
To
Public Information Officer
…………………………
…………………………
Sub: Request for information under Section-6(1) of RTI Act 2005
Dear PIO,
I, Name and Address of Applicant, a citizen of India request you to furnish me with certain information under Section 6(1) of the Right to Information Act 2005.
Details of Applicant
Name :
Email :
Tel No :
Office Address:
Particulars of information required
[1]
[2]
Application Fee of Rs.50 is remitted as Postal Order numbered for Rs.50/- payable to the Accounts Officer, Please send the information to my address mentioned above by Registered post
Yours faithfully,
Time Period to Reply the Right To Information Application
The Public Information officer have 30 days time from the receipt of the application to provide the information to the applicant. But if the life and personal liberty of the applicant or other person on line then the reply to the rti application must be filled with in 48 hours.
Appeal
If the applicant is not provided with the information or not satisfied with the information provided with in 30 days or 48 hours as the case may be then the applicant can file the appeal against the Public Information Officer to the first appellant authority who is the officer senior in rank to the public information officer with in next 30 days of receipt of information or rejection of application.
Case Law
Noyyal River Ayacutdars Protection Association v. Tirpur Dyeing Factory Association It was decided that Article 21 of the Indian Constitution guarantees citizens the right to “Information and Community Participation” for the purpose of safeguarding the quality of the environment and people’s health.
Position In England
The current criminal liability for revelation of an official secret in England is comparable to that in India. Based on the English Act of 1911, the Indian Act was drafted. Also, the main countries were busy re-arming when the English act was supposedly conceived in a fit of frenzy over the possibility of World War I. It aims to conceal everything, even the most innocuous details.
USA Position
When compared to other common law countries, the United States’ commitment to maintaining an open government is second to none. This has manifested itself, for example, in the court’s refusal to accept excessive claims of execution privileges that would allow the government to choose the fate of the parties in a judicial procedure by excluding material that is necessary for the government’s case. The Watergate tapes case is the most egregious use of this principle, in which the court flatly rejected President Nixon’s argument that he had a permanent right to conceal the recordings. Access to administrative records is not guaranteed by the US Constitution, but it has been upheld by statute. The original provisions for routine disclosure of government-held information were included in the administrative procedure statute of 1946.
Also Read Section 34 of Indian Penal Code
Position in Australia
Departments and agencies of the Australian government are covered by the Freedom of Information Act of 1982. Its focus is on three main issues.
- Publication of information on agency functions and records, as well as the availability of those materials for inspection and sale, are mandated by this act.
- It allows for the publication of agency documents and official ministerial documents in journals, with some caveats.
- The Act establishes procedures by which an individual who believes that private information about themselves is incorrectly recorded in an administrative record or ministerial record can petition for the record to be amended.
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