1. Right to Information Act as a tool to
improve governance process in the
hands of Stake holders
Presented By : Group 6
2. “We live in an age of information, in which the free flow of
information and ideas determines the pace of development and well
being of the people. The implementation of RTI Act is, therefore, an
important milestone in our quest for building an enlightened and at
the same time, a prosperous society. Therefore, the exercise of the
Right to Information cannot be the privilege of only a few.”
Dr. Manmohan Singh, Prime Minister of India,
Valedictory Address at the National Convention on RTI,
October 15, 2006
3. OUTLINE
• Background of RTI ACT
• Objective
• Important Sections Under the ACT
• How to file an RTI application
• Roles Played by Stakeholders and how they have
helped to improve governance
• RTI Activist
• Case study
• Conclusion and recommendation
4. Background
• “Jan Sunvai” started in Rajasthan, Bhim, Tehsil
in 1994.
• Press council prepared the draft in 1996.
• Introduced in various State Legislature from
1995 to 2001
• This law was passed by Parliament on 15 June
2005 and came fully into force on 12 October
2005
5. OBJECTIVE
• This act is implemented so as to bring the
citizen at par with the members of parliament
and members of legislature.
• To empower the citizens, promote
transparency and accountability in the
working of the Government.
6. Important Sections under
RTI ACT,2005
Records
Data in
electronic documents
form
Information
Samples Emails
u/s 2(f)
Press
reports
release
Contracts
7. Right to
information U/s Public authority Record U/s
2(j) U/s 2(h) 2(i)
Take notes/ copy
of documents or under the document,
records Constitution manuscript and
file;
Take certified other material
samples any other law produced by a
computer or any
other device.
Obtain
information in Body owned,
any mode controlled or
substantially
financed;
Inspect work/
document/
record
8. Public Information Officer - U/s 5(3)
• Responsible to give information
Cause of Information - U/s 6(2)
• not required to give any reason
Time limit for supply of information – U/s 7(1)
• within 30 (Thirty) days of the receipt of the request
• If concerns the life or liberty of a person, then, within 48 (Forty-Eight) hours
Non applicable to Intelligence and Security Agencies – U/s 24 (1)
9. Reasons to Rejection – U/s 7(8)
communicate
The reasons The period within which an appeal may
be preferred
Supply of partial Information – U/s 10 (i)
• Information which is exempt from disclosure
• access may be provided to some part of the
record
10. How to file an RTI application
• Consider your problem
• Identify the public authority and PIO you think has the information.
PROBLEM
• Frame your question
• Draft and submit your application with application fee of Rs. 10/- to PIO.
MAKE
PAYMENT
• Obtain acknowledgment/ receipt of your application and the application fee from the PIO.
• PIO has 30 days to approve or reject your application
TIME LIMIT
• PIO to notify you in writing of:
1. Application is
• Additional fees(cost of information) to be paid;
accepted
• Information concerning your right to review the decision, fees, form o access, details of Appellate Authority and relevant
forms to make an appeal.
• PIO has to notify you in writing reasons for the rejection;
2. Application is • Period in which any appeal can be made;
rejected.
• Details of the Appellate Authority.
INFORMATION
• PIO provide you the information. (Information will be provided free if provided after the time limits.)
• If you are not satisfied with the information.
APPEAL • If information is not provided within the time limits.
11. Procedure to get the information
under RTI.
• Information about concerned Public Authority
• How to write an Application
• Charges for Application of RTI
• Ways to submit RTI application
• Time period to get Information
12. Roles Played by Stakeholders
• Civil Society Organizations
• Media
• Central Government
• State Government
13. How RTI Act has helped in better
Governance
• Greater transparency
• Greater Accountability
• Reduction in Corruption
• Poverty Alleviation
• Many more……...
14. RTI Activist
• Self appointed volunteers to help people with the issues
related to RTI
• How do they help society and people
• Threats to RTI Activists
• Some work done by RTI Activist
i. Adarsh Scam
ii. Kerosene Marker Scam
iii. Oil for Food Scam
15. Case Study 1
CPIO, Supreme Court of India
v/s
Subhash Chandra Agrawal (26-09-2010)
• Whether information relating to the appointment
of Judges can be sought under RTI?
• Constitution v/s Constitution
• Independence of Judiciary v/s Fundamental right
to free speech and expression
• Both of great value and require to be balanced.
16. Case Study 2
CPIO, Supreme Court of India
v/s
Subhash Chandra Agrawal (02-09-2009)
• Every Judge to make a declaration of all assets to
ensure just decision-making.
• Information relating to assets given too CJI who holds
the information in his capacity which is a “public
authority” under the Act.
• Judges duty to not only do justice, “appear to be
doing justice” . Therefore Judge is not completely free.
17. Conclusion
• RTI has definitely helped in better governance
• Even though it has been 7 yrs, but still the act
has not been used to its full power because of
many reasons like less awareness, threats,
political power and corruption.
• There are no amendments in the law since the
time it has been passed even though there is a
need to change.