Right To Information Act, 2005, Meaning, Objectives, and Key Provisions

The Right to Information (RTI) Act, 2005, gives Indian citizens legal rights to access information organized by public officials. Learn the major provisions and advantages.

The Right to Information Act, 2005, also referred to as the RTI Act, is a milestone legislation enacted by the Indian Parliament in order to ensure transparency and accountability in public authority functioning. It provides citizens with the statutory right to access information from the government and other public institutions, enabling them to be well-informed stakeholders in a democratic system. The Act serves to decrease corruption, increase good governance, and render the operations of government transparent to the public.

Overview of Right to Information (RTI) Act, 2005

In a democracy, transparency and accountability are important to ensure good governance. The Right to Information (RTI) Act, 2005, serves as a powerful tool for citizens to hold public authorities accountable and take meaningful participation in the democratic process.

It gives every citizen the legal right to access information under the control of public officials at a discount. Implemented in 2005, the RTI Act revolutionized information in India. It established an outline for citizens to request information from various public authorities and receive timely responses. The purpose of the Act is, 

  • Promote transparency and accountability in the functioning of government bodies. 
  • Make citizens empowered to effectively participate in decision-making processes.
  • Reduce corruption and misuse of power.

Objectives of the RTI Act, 2005

The primary goals of the RTI Act are: 

  • To ensure transparency in government work by allowing public access to information. 
  • To make public officials accountable for their actions and decisions. 
  • To promote public participation in governance and decision-making. 
  • To compete with corruption by making it difficult to hide the information. 
  • To establish a practical rule where citizens can make requests and get more relevant information. 

These objectives are formed under Article 19 (1) (A) of the Indian Constitution with the fundamental right of speech and the fundamental right to expression.

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Benefits of the Right to Information (RTI) Act

The Right to Information (RTI) Act symbolizes many major features: 

Right to request information: Any citizen of India can request information in writing or electronically from the public authority. 

  • Simple procedure: The Act underlines a simple application process with minimal fees. 
  • Timely response: Public authorities are obliged to respond to RTI requests within a fixed time frame, usually 30 days. 
  • Rebate: Some categories of information are exempted from disclosure under the Act, such as national security affairs or personal information. 
  • Appeal mechanism: If an applicant is dissatisfied with the response or does not receive any response, they can appeal to a high authority within the Public Authority or the Information Commission.

Major provisions of the RTI Act

Some of the most important provisions of the RTI Act are: 

  • Section 3: Every citizen has the right to get information. 
  • Section 4: Public authorities should disclose the necessary information. 
  • Section 5: Appointment of Public Information Officers (PIOs) to handle RTI applications. 
  • Section 6: Citizens can submit an application written or electronically in English, Hindi, or a regional language. 
  • Section 7: Information should be provided within 30 days, or 48 hours if it is related to life or freedom. 
  • Sections 8 and 9: List exemptions from disclosure, such as national security, personal privacy, or trade secrets. 
  • Section 11: Third-party is related to information. 
  • Section 19: A two-level appeal provides a mechanism. 
  • Section 20: The Information Commission can punish non-disconnection.

Right to Information (RTI) Act Exemption Form Disclosure 

The Right to Information (RTI) Act allows for exemption from disclosure for information of certain categories, including 

  • Information that can affect national security, defense, or strategic interests. Information that can harm relations with a foreign country. 
  • Information that can put a person's life or security in danger. Commercial privacy or business secrets. 
  • Personal information disclosure in which there is no public interest. 

However, the burden of evidence is with the public authority to justify the exemption.

Right to Information (RTI) Act Information Commission 

The Right to Information (RTI) Act establishes a two-level structure of information commissions: 

  • Central Information Commission (CIC): It oversees the implementation of the Act at the national level. 
  • State Information Commissions (SICs): Consider the implementation of the Act at the state level.

Power of information Commissions

Information commissions have power: 

  • Information about information by a public authority's disclosure. 
  • Penalty to public authorities for non-transportation. 
  • Recommend disciplinary action against the wrong officials.

RTI Application Process

  • Any Indian citizen can file an RTI application to the PIO of the concerned department.
  • The application should mention the specific information required.
  • A fee of Rs. 10 is generally charged, and further charges may apply for copies.
  • Applications can be filed in English, Hindi, or the local language.
  • The PIO is expected to provide information within 30 days, or 48 hours if the information concerns life or liberty.

In case of rejection or no response, the applicant can file a first appeal with the departmental Appellate Authority and subsequently a second appeal with the Central or State Information Commission.

Amendment of the RTI Act

In 2019, the RTI Act was amended. Major changes include: 

  • The central government now determines the tenure of the Chief Information Commissioner and other Information Commissioners and the terms of service. Earlier, their conditions were fixed for five years. 
  • Critics argue that this amendment weakens the freedom of the Information Commissions. However, the main principles and civil rights under the RTI structure are unaffected.

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FAQs

What is the right information for the Act of 2005?

The Right to Information (RTI) Act, 2005, is a law in India that provides a mechanism for citizens to access information organized by public authorities. It aims to promote transparency and accountability in the government by allowing citizens to request information about government activities and decisions. The act is considered a fundamental right under Article 19(1) of the Indian Constitution.

What are the 4 pillars of RTI?

Citizens of the Right to Information (RTI) Act, 2005 can get information from the departments and offices of the citizen state or central government, which are at one time legal rights. The RTI Act has strengthened the pillars of good governance like participation, transparency, validity, and accountability.

What are the main objectives of the Right to Information Act 2005?

The primary objective of the Right to Information (RTI) Act, 2005, is to empower citizens, promote transparency and accountability in the government, and to compete with corruption. This allows citizens to access information organized by public authorities, making the government more sensitive and accountable to the people.

Who is eligible for RTI?

Under the Right to Information (RTI) Act, any Indian citizen is eligible to get information from public authorities. There is no minimum or maximum age limit to request RTI. The request must be in writing, specifying the information sought, and contacting the applicant should include the details.

Is RTI a fundamental right?

While clearly not listed as a fundamental right in the Indian Constitution, the Right to Information (RTI) is considered a fundamental right because it is taken from Article 19 (1) (A), which guarantees freedom of speech and expression.

What is the latest amendment of RTI Act?

The most recent important amendment to the Right of Information (RTI) Act in India is the Right to Information (Amendment) Act, 2019. This amendment changed the terms and conditions of service for information commissioners at both the central and state levels. In particular, it changed the tenure of the Chief Information Commissioner (CIC) and Information Commissioners (ICS), and empowered the central government to determine their salaries, allowances, and terms of service.

What are the key points of the RTI?

The major points of the Right to Information (RTI) Act, 2005, are empowering citizens, promoting transparency and accountability, combating corruption, and enabling informed participation in democracy. The act provides citizens access to information organized by public authorities, ensures timely reactions, and provides a way to provide avenues for appeal if information is denied.

What is the scope of RTI Act, 2005?

The RTI Act, 2005, gives citizens the right to access information organized by public authorities, which promotes transparency and accountability in governance. It gives citizens the right to question and obtain information about government functions and decisions and promotes a more participatory and responsible democracy.

What is RTI complaint?

An RTI complaint is a formal request made by a citizen under the Right to Information Act to get information from a public authority that they believe that they have not been provided or has been provided incorrectly or delayed or in a delayed manner.

What is exemption from disclosure of information?

The Right to Information (RTI) Act in India provides for an exemption where information can be stopped from disclosure. These exemptions are mentioned in sections 8 and 9 of the RTI Act. Common reasons for exemption include security of national security, preventing court contempt, and protecting personal privacy