RIGHT TO INFORMATION ACT, 2005

Morung Express.com; Nagaland State Legal Services; 26 April 2011,

After almost 55 years since the coming into force of the Constitution of India, a national law providing for the Right to Information was passed by both House of Parliament on 12/13th May, 2005. It is undoubtedly the most significant event in the life of Indian Democracy.

Prime Minister Manmohan Singh, while speaking on the Right to Information Bill in the Lok Sabha, said:

“The Legislation would ensure that the benefits of growth would flow to all sections of people, eliminate corruption and bring the concerns of the common man to the heart of the all processes of governance”. (The Hindu, 12-05-2005 pg. 1)

The act does not merely oblige the public authority to give information on being asked for it by a citizen but requires it to suo-motu make the information accessible.

Sec. 4(i)(a) of the Act requires every Public Authority to maintain all its records duly catalogued and indexed in a manner and the form which facilitates the Right to Information under the Act and ensure that all records that are appropriate to be computerized and connected to through a network on different systems so that access to that record is facilitated of course subject to exemption as envisaged in Sec. 8(1)(a-j) (2 & 3).

Section 2(f) defined “Information” to mean any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, log-books, contracts, reports, papers, samples, models. Also, data held in any electronic form such as FAX, micro film, microfiche etc. it also includes information relating to any private body which can be accessed by a public authority under any other law for the time being in force. The definition thus comprehends all matters which fall within the expression “material in any form”.

In anticipation of non-compliance to Information sought, the RTI Act sets in place appeals and complaints procedures which provide requesters with cheap, simple option.

Option 1 – Make an appeal;

The appeals process falls under section 19 of the Act and envisages a two-step process: firstly, an appeal to the Appellate Authority and secondly, an appeal to the State Information Commission. The appeal process is supposed to be a quicker, cheaper way of enabling requesters to get a decision reviewed, as opposed to going to the Courts.

Second appeal to the Information Commission;

If you are unhappy or dissatisfied with the decision of the Appellate Authority, the RTI Act provides you with the opinion of filing a second appeal with the State Information Commission. A second appeal against a decision of an Appellate Authority to the Information commission must be made within 90 days from the date actually received.

Option 2 – Make a Complaint;

Instead of making an appeal to the Appellate Authority and then the Information Commission, you also have the option of approaching the Information Commission directly and submitting a complaint under section 18(1) of the Act if you are not satisfied with the decision of a PIO or if you think a public authority is failing to comply with its information duties under the Act.

Option 3: Appeal to the Courts;

If your are faced with a situation where you are not satisfied with the decision of the Information Commission, an appeal or a complaint, you can file an appeal in the State High Court or the Supreme Court. The RTI Act specifically bars the Courts from considering any suit, application or any proceeding made under the RTI Act. However, it must be remembered that the RTI Act gives effect to a fundamental right, and according to the Constitution, the High Courts (under Article 224) and the Supreme Court (under Article 32) have the power to look into any matter relating to the fundamental rights of citizens. Technically, therefore, you DO have the right to approach the High Court or the Supreme Court if you are not satisfied with the decision of the State or Central Information Commission as the case may be.

APPEAL PROCEDURE;

1. Appeal to the First Appellate Authority should be made within 30 days, if you are aggrieved by the decision notice or if no decision was made within 30 days.
2. Appeal to the State Information Commission: The State Information Commission reviews the document. CPIO/SPIO should justify non-disclosure. Application and any third parties involved have a right to be heard.