The Right to Information:

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The Right to Information A Tool for Good
Governance
Presented by Nandini Sahai Director MICCI New
Delhi, India
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Our scriptures say
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Perils of Ignorance
The suffering that ignorant men inflict upon
themselves can hardly be caused even by their
enemies
Dearth of knowledge is dire destitution. Other
forms of poverty, the world deems less
impoverishing
(Thiruvalluvar) Tamil Poet
(Thirukkural verses 843, 841)
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Knowledge, Truth and Action

Truth about the ACTION must be known Truth about
the INACTION must be known Truth about the
PROHIBITED ACTION must be known Mysterious are
the ways of ACTION
(Bhagavadgita Chap. 4)
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The Almighty and Openness
Ask, and it shall be given to you seek, and
you shall find knock, and it shall be opened
unto you. For every one that asketh receiveth
and he that seeketh findeth and to him that
knocketh it shall be opened
(Matthew 77-8)
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Right to Information (RTI) A Powerful Tool for
Strengthening Democracy and Enhancing Good
Governance
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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)

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Why was there need for RTI?
Because overriding all these was the Official
Secrets Act 1923 which threw a veil of secrecy
on Government procedures.
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Section 5 of the Official Secret Act 1923
Section 5 (1) of the Act says, The disclosure
of any information that is likely to affect the
sovereignty and integrity of India, the security
of the State, or friendly relations with foreign
States, is punishable by this act. Thus in the
name of sovereignty, information was kept in
secrecy.
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But openness of governmental processes is
conductive to good governance
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Key Attributes of Good Governance

• Transparency
• Responsibility
• Accountability
• Participation and
• Responsiveness (to the needs of the people)

Transparency and Accountability for
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Which is

• Crucial to the achievement of Plan Targets
• Peoples participation at all stages of planning,
  implementation and monitoring
• Effective policy and procedural reforms
• Possible only when information is available as a
  matter of right to the citizens

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So What is Right to Information?
Asking for and being given information as a
matter of right
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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

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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.
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Important Facts about RTI in India

• Grassroot level movement
• Only country to call it a Right and not
  Freedom.
• Fight for life and livelihood

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The Right to Information Act, 2005
The Right to Information Act came into force on
12th October, 2005.
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What Rights are available under RTI Act 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

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Coverage and Entry into Force

• Covers all of India except Jammu and Kashmir

(JK passed its own Freedom of Information Act in
2004)

• Covers offices owned, established, or financed by
  the Central, State Govts. and the Union
  Territories

• Any public authority owned, controlled or
  substantially financed by the government directly
  or indirectly

• non-govt. organisations substantially financed
  with funds provided by the government directly or
  indirectly

(Chapter 1)
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Information and Right - Definitions
Information

• logbooks,
• contracts,
• reports,
• papers,
• samples,
• models,
• data material held in electronic form

• Records,
• documents,
• memos,
• e-mails,
• opinions,
• advice,
• press releases,
• circulars,
• orders,

Information about private bodies that can be
accessed under existing laws by a public authority
(Sec. 2)
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Record - Definitions
Any document, manuscript and file
Any microfilm, microfiche and facsimile copy of a
document
Any reproduction of image or images embodied in
such microfilm (whether enlarged or not)
Any other material produced by a computer or any
other device
(Sec. 2)
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Competent Authority

• Speaker Lok Sabha / Vidhana Sabha

• Chairman of the Rajya Sabha / Legislative
  Council

• Supreme Court and High Courts Chief Justices

• President of India or the Governor for
  all other authorities created by or under the
  Constitution

• For UTs Administrator (Lt. Governor)

Sec. 2
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What is Public Authority?

• Any authority or body constituted under the
  Constitution or law made by Parliament / State
  Legislature

• Any authority or body constituted by notification
  issued by Central /State Govts.

• Any other body owned or controlled by the Central
  / State Govts.

Sec. 2
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Public Authority
Duty of Proactive Disclosure
Every Public Authority must publish these on a
regular basis -
1. Particulars of its organisation, duties and
functions
2. Powers and duties of its officers and employees
3. Procedure to be followed in its
decision-making process, including channels of
supervision and accountability
4. Norms set out by it for discharge of its
functions
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5. Information about rules, regulations,
instructions, manuals records used by its
employees for discharging its functions
6. Statement of the categories of documents held
by it or under its control
7. Details of any arrangement for consultation or
representation by members of public in relation
to policy formulation and implementation
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8. List of boards, councils committees and other
bodies consisting of 2 or more persons for
getting advice including whether their meetings
are open to the public or if minutes of meetings
are accessible to them
9. Directory of its officers and employees
10. Monthly remuneration received including the
system of compensation as provided in its
regulations
11. Budget allocated to each of its agencies,
indicating particulars of all plans, proposed
expenditure and reports of disbursements
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Information Disseminators

• PIOs must be designated in each Public Authority
  at the level of its administrative units or
  offices under it and

• Asst. PIOs must be designated at sub-divisional
  or sub-district level

Sec. 5,6,7,11
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Their Duties

• Accept requests and give information within time
  limit
• Assist those who cannot read and write to fill up
  application
• Give information in the format requested as far
  as possible
• If granting partial access give reasons why and
  the materials on the basis of which this decision
  was taken

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Appellate Authority (AA)
First Appeal (Internal)
Sec. 12-19
The officer senior in rank to the PIO in the
concerned public authority
(Within 30 days from the date of refusal letter
but delay may be condoned if sufficient cause is
shown)
Time limit 30 days
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Appellate Authority (AA)
Second appeal (External)
Sec. 12-19
to 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 appeals
Burden of proof lies on PIO for justifying denial
of information
Decision of CIC/SIC is binding
Appeal against ICs decision can be filed in High
Courts/Supreme Court, not lower courts
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What is not open to disclosure?

• Information, disclosure of which would
  prejudicially affect the sovereignty and
  integrity of India, the security, strategic,
  scientific or economic interests of the State,
  relation with foreign State or lead to incitement
  of an offence
• Information which has been expressly forbidden to
  be published by any court of law or tribunal or
  the disclosure of which may constitute contempt
  of court
• Information, the disclosure of which would cause
  a breach of privilege of Parliament or the State
  Legislature
• Information including commercial confidence,
  trade secrets or intellectual property, the
  disclosure of which would harm the competitive
  position of a third party, unless the competent
  authority is satisfied that larger public
  interest warrants the disclosure of such
  information 
• Information available to a person in his
  fiduciary relationship, unless the competent
  authority is satisfied that the larger public
  interest warrants the disclosure of such
  information

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• Information received in confidence from foreign
  Government
• Information, the disclosure of which would
  endanger the life or physical safety of any
  person or identify the source of information or
  assistance given in confidence for law
  enforcement or security purposes
• Information which would impede the process of
  investigation or apprehension or prosecution of
  offenders
• Cabinet papers including records of deliberations
  of the Council of Ministers, Secretaries and
  other officers
• Information which relates to personal information
  the disclosure of which has no relationship to
  any public activity or interest, or which would
  cause unwarranted invasion of the privacy of the
  individual
• Notwithstanding any of the exemptions listed
  above, a public authority may allow access to
  information, if public interest in disclosure
  outweighs the harm to the protected interests.

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Guiding principles for disclosure

• Information which cannot be denied to Parliament
  or Legislature of a State shall not be denied to
  any person

Sec. 8(l)

• All exemptions subject to public interest over
  ride

• access must be allowed if public interest
  outweighs harm to the protected interests to be
  decided by PIO or appellate body

Sec. 8(2)

• Partial Disclosure

• Entire file/record is not exempt even if it
  contains exempt information. Non-exempt portions
  may be released after severing exempt parts

Sec. 10(1)
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• Time bound disclosure

• All information about any event, occurrence or
  matter must be given after 20 years

Except

• information relating to sovereignty, security,
  integrity, scientific and economic interest of
  the State

• information that may lead to commission of an
  offence

• Cabinet papers and records of deliberations of
  Council of Ministers , Secretaries and other
  officers

• information that may lead to breach of privileges
  of Parliament and State Legislatures

Sec. 8(3)
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Application Process
Sec. 6 7

• Apply in person or electronically

request in English or local official language

• Time limit for giving information

30 days

• If information concerns life and liberty of a
  person

must be given within 48 hrs

• If information is given by third party then
  invite objections if any

add 10 extra days

• No action on application for 30 days

deemed refusal
(Reasons for seeking information shall not be
asked)
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Fees payable

• Must be reasonable. No fees for Below Poverty
  Line applicant

• Application fees prescribed by appropriate Govt.
  (Rs.10/-)

• Cost of giving information may be charged on the
  requestor

(Details of fees and how the figure was arrived
at must be given in writing)

• Rs. 2/- per page Rs. 50/- per floppy, others and
  samples - actual cost inspection 1st hour
  free, Rs. 5/ - every subsequent 15min

• Requestor may seek review of the fees from the
  Appellate Authority if it is unreasonable

• Time between date of dispatch of intimation about
  fees and actual payment excluded while
  calculating 30 day time limit

If information is not given within time limit it
must be given free of cost
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Central Information Commission

• 1 Chief Information Commissioner (5 yr term) and
  max. 10 Information Commissioners (ICs) ( one 5
  yr term)

• Central Information Commission to be based in
  Delhi

• Chief Information Commissioner to be in Delhi but
  ICs could be based in other parts

• Commission will be independent of Govt. control

• CIC and ICs to be appointed by President with
  immediate effect

• Names recommended by committee - PM (Chair),
  Leader of Opposition in the Lok Sabha and 1
  Cabinet Minister nominated by PM

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State Information Commission

• 1 State Chief Information Commissioner (5 yr
  term) and max. 10 State Information Commissioners
  (SICs) (one 5 yr term)

• State Information Commission could be in any part
  of the State to be decided by the States

• Commission will be independent of State Govt.
  control

• SCIC and SICs to be appointed by Governor with
  immediate effect

• Names recommended by committee - CM (Chair),
  Leader of Opposition in the Vidhan Sabha and 1
  Cabinet Minister nominated by CM

• Similar powers and functions as Central
  Information Commission

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Penalty Provisions

• IC can penalise PIO Rs. 250/- per day up to a
  maximum of Rs. 25,000/- for -

• Refusal to receive application

Without reasonable cause

• Not furnishing information within time limit

• Malafidely denying information

• Knowingly giving incorrect, incomplete,
  misleading information

For persistent violation of the law IC can
recommend disciplinary action

• Destroying information which was the subject of
  request

• Obstructing furnishing of information in any
  manner

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Who is not covered?

• IB RAW

and any other intelligence or security
organisation established by State govts.

• Directorate of Revenue Intelligence

• Central Economic Intelligence Bureau

Matters relating to corruption and human rights
violations covered by law

• Directorate of Enforcement

• Narcotics Control Bureau

• Aviation Research Centre

• Special Frontier Force

Information can be given only if concerned IC
approves Time limit 45 days

• CRPF, ITBP, CISF, NSG

• Special Service Bureau

• Assam Rifles

• Special Branch (CID) Andaman and Nicobar

• Crime Branch (CID) Dadra and Nagar Haveli

• Special Branch Lakshadweep Police

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Third Party

• A person other than the person making a request
  for information and includes a public authority

• If information requested is given by third party
  and treated as confidential by the third party
  then PIO must give it written notice inviting
  objections

• Third party must be given notice within 5 days of
  receiving information request

• Third party may give verbal or written
  submissions to PIO within 10 days of receiving
  notice

• Third party can appeal to First Appeal body
  within 30 days and to IC within 90 days

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Some of the success stories of RTI

• RTI confirms illegal water extraction in New
  Delhi
• Hawker uses RTI to fight harassment by cops in
  Delhi
• RTI Impact Misuse of CMs 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

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Major Challenges before RTI

• Speedy dispensation of Information
• Lack of awareness among rural masses
• Incompetent government officials
• Have Judiciary also covered
• Make Private Sector accountable

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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

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The largest democratic nation, India has survived
all vicissitudes, turbulences of all kinds over
the last half century and more. In that
context, the bringing into being of the RTI has
been an important milestone. The Act that came
into being last year assures every citizen the
right to know what the citizen should, and throws
open the system of governance to total
transparency and therefore inescapable
accountability.
Dr. APJ Abdul Kalam Inaugural Address at the
National Convention on RTI 13-10-2006 New Delhi
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Thank you