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RIGHT TO INFORMATION ACT (RTI) PROVEN 7

Table of Contents

Right to Information Act, 2005

Right to Information (RTI) is an act of the Parliament of India to provide for setting out the practical regime of the right to information for citizens and replaces the erstwhile Freedom of information Act, 2002. Under the provisions of the Act, any citizen of India may request information from a “public authority” (a body of Government or “instrumentality of State”) which is required to reply expeditiously or within thirty days.

RIGHT TO INFORMATION ACT

The Act also requires every public authority to computerize their records for wide dissemination and to proactively certain categories of information so that the citizens need minimum recourse to request information formally.
This law was passed by Parliament on 15 June 2005 and came fully into force on 12 October 2005. Every day, over 4800 RTI applications are filed.

In the first ten years of the commencement of the act over 17,500,000 applications had been filed. In India, the organization called Mazdoor Kisan Shakti Sangathan was instrumental in the passage of the RTI Act. Aruna Roy is the mastermind behind the RTI Act 2005. RTI is a legal right for every citizen of India. The authorities under RTI Act 2005 are called quasi-judicial authorities.

This act was enacted in order to consolidate the fundamental right in the Indian constitution ‘freedom of speech.
Information disclosure in India is restricted by the Official Secrets Act 1923 and various other special laws, which the new RTI Act relaxes. Right to Information codifies a fundamental right of the citizens of India. RTI has proven to be very useful but is counteracted by the Whistleblowers Act.

Governance and Process
The Right to information in India is governed by two major bodies:
– Central Information Commission (CIC). Chief Information Commissioner who heads all the central departments and ministries with their own public information officers (PIO)s. CICs are directly under the President of India.

–  State Information Commissions. State Public Information Officers or SPIOs head over all the state departments and ministries. The SPIO office is directly under the corresponding State Governor.

– State and Central Information Commissions are independent bodies and Central Information Commission has no jurisdiction over the State Information Commission.

Intellectual Property Rights
Many civil society members have recently alleged the subversion of the right to information Act by the invocation of Intellectual Property rights argument by the government agencies from time to time.

RIGHT TO INFORMATION ACT

Most notable are:
– The Right to Information denied by RBI on Demonetization citing Intellectual Property Laws.

– The Right to Information Denied by Uttar Pradesh Irrigation Department after more than 8 months of a wait on under construction Gomti Riverfront Development Project. A group of researchers requested for environmental Impact and Project Report on the project which is flagged for negative impacts, tax money wastage by environmental
scientists, and research reports.

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