Law Notes 16mrks

Image

Right to Information (RTI)

Close
16mrks

About Us

Law Notes 16mrks

This Website and 16mrks App has been developed for law students as reading law books and making notes from them in law school is a cumbersome process. 16mrks helps solve this problem. Law notes are based on questions asked for 16 marks for BSL / BA LLB Course and LLM Course. These notes can also be referred for Civil Competitive Exams i.e. UPSC and MPSC .

Please take note that all topics might not be covered. New topics will be added over updates.

Frequently asked questions are covered.

Courses:

1. BSL / BA LLB

2. LLB

3. JMFC / UPSC / MPSC

Reference books : As suggested by the University of Pune in their syllabus.

Please contact us at 16mrks@gmail.com and share your notes with us to help other students!


  • Get it on Google Play

Search

Categories:

Synopsis

I. Introduction

II. Meaning

III. Origin

IV. Purpose of the Act.

V. Scope of the Act.

VI. Salient Features of the Right to Information Act.

VII Exemptions from Disclosure

(i) Concerning Sovereignty and Integrity

(ii) Expressly forbidden by any Court or Tribunal.

(iii) Breach of privilege of Parliament or the State Legislature.

(iv) Trade secrets or intellectual property.

(v) Fiduciary relationship.

(vi) Information from Foreign Government.

(vii) Endanger life or physical safety of any person.

(viii) Impede the process of investigation.

(ix) Cabinet papers.

(x) Personal Information.

(xi) Copyright infringement.

Right to Information

I. Introduction

Right to Information Act, has set out provisions for citizens to access information under the control of public Authorities. Therefore Right to Information promotes transparency and accountability of working of every public Authority.

II. Meaning

Meaning of Right to Information

According to Section 2(j) of Right to Information Act, 2005, Right to Information means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to:

(i) Inspection of work, documents, records;

(ii) Taking notes, extracts or certified copies of documents or records;

(iii) Taking certified samples of material;

(iv) Obtaining information in the form of Diskettes, Floppies, Tapes, Video Cassettes, or any other electronic mode or through printouts where such information is stored or in a computer or in any other device.

III. Origin

Concept of freedom of information originated in the United States. The United State has one of the world’s most open and transparent systems of Government. Sweden was the first country to give its citizens the right to access information in 1766. The great Barons of England, forced from the hands of the unveiling King John the Glorious charter of popular liberty known as Magna Carta in the year 1215.

IV. Purpose of the Act.

The preamble of Right to Information Act contains the purpose of the Act, these are as follows:

(i) to provide for setting out the practical regime of right to information for citizens to secure access information under the control of public Authorities.

(ii) to promote transparency and accountability in the working of every public authority.

V. Scope of the Act.

The Act extents to the whole of India except the State of Jammu and Kashmir. It however excludes some intelligence and security Organizations established by Central Government as mentioned in the Second Schedule. These Agencies do not enjoy absolute immunity. Information relating to allegations of corruption and human rights violation is not exempted. An information has to be given by the Agencies with the approval of Central / State Information Commission. The information pertaining to the allegations of corruption and human rights violation shall not be excluded under this Act.

VI. Salient Features of the Right to Information Act.

(i) The Act is applicable to the whole of India except the State of Jammu and Kashmir.

(ii) Citizens can seek information from public Authorities, which includes Government Organizations, Departments, Local Bodies, etc. Non-Governmental Organizations can also be brought under the ambit of the Right to Information Act and declared as public Authorities.

(iii) Any person can seek inspection of works, documents, records, take notes, certified copies of documents from the public Authorities.

(iv) Information under the Right to Information Act means any material in any form including the records, documents, emails, memos, etc.

(v) For citizens who are below poverty line. Information is available free of cost. For other people the Act has prescribed a nominal fees of Rs. 10 per Application. Any person can file Application for getting information along with the prescribed fee through Central/State Public Information Officer.

(vi) It is not necessary to give a reason for seeking any information from public Authorities. The Public Authorities cannot question the locus standi of the Applicant.

(vii) Under the Right to Information Act a citizen should get information about life or liberty cases in 48 hours while in other cases the information has been given within a period of 30 days except in certain cases. 5 days shall be added to the above response time if the interest of third party is involved then the limit will be 40 days.

(viii) Failure to provide information by the public Authorities within the specified period is deemed as a refusal and the Applicants can file Appeal with the Appellate Authorities.

(ix) It is made mandatory for public Authorities to publish within 120 days of enactment of the Right to Information Act, 17 types of Manuals such as duties of its Officers, procedure followed, etc.

(x) The Act defines certain areas where information can be withheld such as concerning security, integrity of India, privilege of Parliament, etc.

(xi) The Act provides exception to 18 Intelligence and Security Organizations established by the Central Government of India. The Act has made provisions for two tier system for Appeals. The Appeal filed with the First Appellate Authority are to be disposed of in time bound manner within 30 days which cannot exceed more than 45 days. The Commission has the power to impose penalty upon theCentral/State Information Officer in case of any delay at Rs. 250/- per day subject to maximum of Rs. 25,000/-.

(xii) Under the Right to Information Act, the Lower Courts are barred from entertaining Suit or Appeal against any Order made under the Right to Information Act. The Writ jurisdiction of Supreme Court and High Court under Articles 32 and 226 of the Constitution remains unaffected.

VII Exemptions from Disclosure

(i) Concerning Sovereignty and Integrity of the country.

(ii) Information expressly forbidden by any Court or Tribunal.

(iii) Breach of privilege of Parliament or the State Legislature.

(iv) Trade secrets or intellectual property.

(v) Fiduciary relationship.

(vi) Information from Foreign Government.

(vii) Endangering life or physical safety of any person.

(viii) Impede the process of investigation.

(ix) Cabinet papers.

(x) Personal Information.

(xi) Copyright infringement.

!

  • Get it on Google Play

Copyright © 2018 Law Notes 16mrks. All Rights Reserved.