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    RTI Act

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    Mehak joshi
    The Right to Information Act (RTI Act) gives Indian citizens the right to request information from public authorities. It aims to promote transparency and accountability in government institutions. Under the RTI Act, citizens can request information about an organization's structure, functions, and finances. The RTI Act defines public authorities broadly to include government ministries, public sector companies, and non-government organizations receiving government funds. It establishes a process for citizens to file information requests and puts time limits on responses. However, tensions sometimes arise between the right to information and the right to privacy. Recent amendments to the RTI Act have reduced the independence of information commissions.

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    RTI Act

    Uploaded by

    Mehak joshi
    75 views5 pages
    The Right to Information Act (RTI Act) gives Indian citizens the right to request information from public authorities. It aims to promote transparency and accountability in government institutions. Under the RTI Act, citizens can request information about an organization's structure, functions, and finances. The RTI Act defines public authorities broadly to include government ministries, public sector companies, and non-government organizations receiving government funds. It establishes a process for citizens to file information requests and puts time limits on responses. However, tensions sometimes arise between the right to information and the right to privacy. Recent amendments to the RTI Act have reduced the independence of information commissions.

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    The Right to Information Act (RTI Act) gives Indian citizens the right to request information from public authorities. It aims to promote transparency and accountability in government institutions. Under the RTI Act, citizens can request information about an organization's structure, functions, and finances. The RTI Act defines public authorities broadly to include government ministries, public sector companies, and non-government organizations receiving government funds. It establishes a process for citizens to file information requests and puts time limits on responses. However, tensions sometimes arise between the right to information and the right to privacy. Recent amendments to the RTI Act have reduced the independence of information commissions.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    75 views5 pages

    RTI Act

    Uploaded by

    Mehak joshi
    The Right to Information Act (RTI Act) gives Indian citizens the right to request information from public authorities. It aims to promote transparency and accountability in government institutions. Under the RTI Act, citizens can request information about an organization's structure, functions, and finances. The RTI Act defines public authorities broadly to include government ministries, public sector companies, and non-government organizations receiving government funds. It establishes a process for citizens to file information requests and puts time limits on responses. However, tensions sometimes arise between the right to information and the right to privacy. Recent amendments to the RTI Act have reduced the independence of information commissions.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 5

    RTI Act, 2005 -

    The Right to Information Act is considered to be one of


    the most successful laws in India. It is the law that gives an
    ordinary citizen the right to ask questions to the government.
    This includes:
    • Disclosure of their organisation, function and structure.
    • Powers and duties of its officers and employees
    • Financial information.
    The Public Authority here includes the bodies of self-
    government established under the constitution or any law
    or government notification. These include the Ministries,
    public sector undertakings and regulators.
    It also includes any entities owned, controlled or substantially
    financed and non-governmental organisations substantially
    financed directly or indirectly by funds provided by the
    government.
    What is the need of RTI ?
    • Right to information is the need of the current
    scenario because it assists to maintain transparency and
    accountability in government work.
    • This Act is very necessary for each and everyone due to
    this our government officials and public
    institutions gathered information and worked upon
    them.
    • It embedded the right of every citizen of India to have
    access or control of the information related to finance
    to any authority by the state, thereby responsibility arises
    on the authority to use the information effectively
    without including any corrupt activities.
    • The poor and underprivileged are also empowered by
    this Act, which grants them the right to seek and receive
    information on government policies and actions. This, in
    turn, results in their well-being.
    • It has exposed high-level corruption, such as in the
    Commonwealth Games organisation and the distribution
    of 2G spectrum and coal blocks.
    • It increases policymakers' decision-making capabilities
    by removing unneeded secrecy.
    What is the process of filing a complaint under RTI ?
    The Act also said that any person may file a written request
    to an officer (PIO) which is appointed by the authority which
    is covered by this Act.
    It is the obligation to entertain the request made by
    citizens. If the officer is not present then the applicant has the
    option to file a request in front of the state or “central
    information commission”.
    It also provides a time limit so that the process can be done
    speedily. Different time limits are prescribed for different
    situations:
    • When an application is entertained by any PIO then they
    have an obligation to reply to the application within a
    time limit of 30 days and any application which is
    presented before assistant PIO must be replied to
    within 35 days.
    • The application transfers to another PIO in 30
    days which starts or counts from the day on which its
    application is transferred.
    • Any application presented in relation to information
    regarding corruption by any schedule secured agency or
    any kind of violation of human rights which are covered
    under schedule II of RTI Act then reply must be
    given within 45 days with the permission of the central
    information commission.
    • PIO is required to give information which
    includes “right to life and liberty” of the person.
    What is the Role Of The Government In RTI ?
    • Section 26 of the Act enjoins the central government, as
    also the state governments of the Union of India
    (excluding J&K), to initiate necessary steps to:
    • Develop educational programs for the public especially
    disadvantaged communities on RTI.
    • Encourage Public Authorities to participate in the
    development and organization of such programs.
    • Promote timely dissemination of accurate information
    to the public.
    • Train ocers and develop training materials.
    • Compile and disseminate a User Guide for the public in
    the respective local language.
    • Publish names, designation postal addresses and contact
    details of PIOs and other information such as notices
    regarding fees to be paid, remedies available in law if the
    request is rejected etc.

    RTI vs Right to Privacy


    • As Right to Information and Right to Privacy are
    premised upon radically different normative foundations,
    and they offer divergent theorems henceforth, it is
    inevitable to come across clashes in between.
    • Considering one man’s freedom of information is
    another man’s invasion of privacy; a right to receive
    information to achieve greater transparency in public life
    could impinge on the right to privacy of an individual.
    • RTI and the right to privacy are both complementary and
    in conflict. While RTI increases access to information,
    the right to privacy veils it instead. At the same time,
    they both function as citizen rights safeguarding liberty
    against state overreach. There are two possible
    frameworks for managing this tension.

    What are the changes made in the RTI (Amendment) Act,


    2019?
    • The Chief Information Commissioner (CIC) (at the
    federal and state levels) is appointed for a five-year
    term under the RTI Act of 2005. The Amended Act
    eliminates this provision and instead specifies that
    the Union government will notify the CIC and ICs of
    their terms of office.
    • According to the RTI Act of 2005, the salaries of the CIC
    and IC (at the national level) will be equal to the salaries
    of the Chief Election Commissioner and Election
    Commissioners. The modified Act repeals these clauses
    and provides that the Central and State CICs and ICs'
    wages, allowances, and other terms and conditions of
    employment shall be established by the Central
    government.
    • The 2005 Act states that at the time of appointment of
    the CIC and ICs (at the Central and state levels) if they
    are receiving pensions or any other retirement benefits
    for the previous government services, their salary will
    be reduced by an amount equal to the pension. The
    2019 amended Act removed this provision.
    Conclusion
    The RTI Act was implemented to ensure social justice,
    transparency and to make the government accountable to its
    actions. However, it has numerous limitations and drawbacks.
    Steps must be taken so that the RTI Act is strengthened as it
    plays a significant role in Indian democracy.

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