The Right to Information:

A Tool for Good Governance

PRESENTED BY

JONTY VADHERAROLL NO- 3243

Right to Information Right to Information (RTI)(RTI)

A Powerful Tool for A Powerful Tool for Strengthening Democracy and Strengthening Democracy and Enhancing Good GovernanceEnhancing Good Governance

Constitutional Provisions of RTI

The Right to Information is a fundamental right under the Constitution of India

Information is necessary for protection of the right to life and liberty. It is therefore a part of Article 21

Information is necessary to form and express opinions, dissent or support on any matter. It is therefore a part of Article 19 (1)(a)

Transparency and Accountability for

Key Attributes of Good Governance

Transparency

Responsibility

Accountability

Participation and

Responsiveness (to the needs of the people)

So What is Right to Information?

Asking for and being given

information as a matter of right

What is Right to Information Act?

Establishes a process for accessing information held by public authorities

Ordinarily places an obligation on them to give information

Provides a grievance redressal mechanism for citizens who have been denied information in an unreasonable manner

Genesis of RTI in India

The RTI movement was first started in Rajasthan by the Mazdoor Kisan Shakti Sanghathan(MKSS), an organization founded by Aruna Roy, an IAS officer who left her job to actively involve herself in this movement in 1990.

Grassroot level movement

Only country to call it a ‘Right’ and not ‘Freedom’.

Fight for life and livelihood

Important Facts about RTI in India

What Rights are available under RTI Act 2005?

The Right to Information Act came into force on 12th October, 2005.

Right to Information Act 2005 empowers every citizen to

Ask any questions from the Government or seek any information

Take copies of any government documents

Inspect any government documents

Inspect any Government works

Take samples of materials of any Government work

Appellate Authority (AA)Appellate Authority (AA)

First AppealFirst Appeal(Internal)(Internal)

The officer senior in rank to the PIO The officer senior in rank to the PIO in the concerned public authorityin the concerned public authority

(Within 30 days from the date of refusal letter but delay may be condoned if

sufficient cause is shown)

[Sec. 12-19][Sec. 12-19]

Time limit = 30 daysTime limit = 30 days

AppellateAppellate AuthorityAuthority (AA)(AA)

Second appealSecond appeal (External)(External)

to Central/State Information Commissionto Central/State Information Commission

(within 90 days from the date of decision of first AA but delay may be condoned if sufficient cause is shown)

No time limit for CIC/SIC to decide on appealsNo time limit for CIC/SIC to decide on appeals

Burden of proof lies on PIO Burden of proof lies on PIO for justifying denial of for justifying denial of

informationinformation

Appeal against IC’s decision can be filed in High Appeal against IC’s decision can be filed in High Courts/Supreme Court, not lower courtsCourts/Supreme Court, not lower courts

Decision of CIC/SIC Decision of CIC/SIC is bindingis binding

[Sec. 12-19][Sec. 12-19]

Penalty Provisions IC can penalise PIO Rs. 250/- per day up to a maximum of IC can penalise PIO Rs. 250/- per day up to a maximum of

Rs. 25,000/- for -Rs. 25,000/- for -

• Refusal to receive applicationRefusal to receive application

• Not furnishing information Not furnishing information within time limitwithin time limit

• Malafidely denying informationMalafidely denying information

• Knowingly giving incorrect, Knowingly giving incorrect, incomplete, misleading incomplete, misleading informationinformation

• Destroying information which Destroying information which was the subject of requestwas the subject of request

• Obstructing furnishing of Obstructing furnishing of information in any mannerinformation in any manner

Without reasonable

cause

For persistent violation of the law IC can recommend disciplinary action

Some of the success stories of RTIRTI confirms illegal water extraction in New Delhi

Hawker uses RTI to fight harassment by cops in Delhi

RTI Impact: Misuse of CM’s Relief Fund exposed in Mumbai

Rajasthan: Kaniram gets his ration within 3 days of filing an RTI application

Karnataka: Grant used by MLAs without submitting bills

Haryana: Construction of Street is possible with the magic of RTI Act

Life convict uses RTI to prove innocence in Andhra Pradesh

Rape victim uses RTI to nail corrupt cops in Gujarat

Jharkhand: Ranchi Passport office assured to work fast

Recent Developments

RTI activist becomes Chief Information Commissioner replacing a retired bureaucrat promises to ensure speedy dispensation of pending cases

RTI activists fight to retain file notings despite government threat to make amendment in RTI Act

Introduction of Certificate Course on RTI

THANK YOU