Challenges Of Implementing Rti In Government Space

The Right to Information
Act,2005
The salient features

Prof. K. Subramanian
Director, ACIIL, IGNOU
Consulting IT Adviser to CAG
EX-DDG(NIC), Min of C & IT

What is the RTI Act?
A comprehensive legislation that


confers statutory rights on citizens to
seek information from public authorities
The right to information is derived from


our fundamental right of expression
under Article 19 of the Constitution

RTI Implementation challenges in
2
26-2-2009 Governance space

When does it come into force?
The Right to Information Act comes into


force all over the country on October
12, 2005
It was tabled in Parliament on


December 23,2004 and was passed on
May 12,2005
Received President’s assent on June


15,2005.
3

What is exempt?
The Act is not applicable to the State of


Jammu and Kashmir
Not applicable to intelligence and


security agencies like the IB,RAW,BSF
etc.
Exempts all documents of the cabinet


and council of Ministers
4

Key Provisions
Preamble/Purpose


Who can seek information?


From whom can one seek information?


Procedure for seeking information?


Denial of Information?


Penalties


5

Purpose and reason
practical regime of right to information


for citizens to secure access to
information under the control of public
authorities,the Constitution of a Central
and State Information Commissions and
for matters connected therewith and
incidental thereto.

6

What is information?
2(f) quot;informationquot; means any material in any


form, including records, documents, memos,
e-mails, opinions, advices, press releases,
circulars, orders, logbooks, contracts, reports,
papers, samples, models, data material held
in any electronic form and information
relating to any private body which can be
accessed by a public authority under any
other law for the time being in force;
7

Public authority
2(h) quot;public authorityquot; means any authority or


body or institution of self- government
established or constituted—
(a) by or under the Constitution;


(b) by any other law made by Parliament;


(c) by any other law made by State


Legislature

8

Public authority (continued)
2(h)(d) by notification issued or order made


by the appropriate Government, and includes
any—
(i) body owned, controlled or substantially


financed;
(ii) non-Government organization


substantially financed, directly or indirectly by
funds provided by the appropriate
Government
9

Definition : record
2(i) quot;recordquot; includes— (a) any


document, manuscript and file; (b) any
microfilm, microfiche and facsimile copy
of a document; (c) any reproduction of
image or images embodied in such
microfilm (whether enlarged or not);
and (d) any other material produced by
a computer or any other device;
10

Section 3: Right to information
Subject to the provisions of this Act, all


citizens shall have the right to
information

11

Section 4: Obligations of
public authorities
Maintenance of records…


Publication of information…


Endeavour to provide suo moto info to


public at regular intervals through
internet and other means,so the use of
this Act is minimal

12

Section 4(1)(a):Mandatory
Computerisation
All records to be duly catalogued and


indexed to facilitate the right to
information under this Act and ensure
that all records that can be
computerised are computerised and
connected through a network all over
the country on different systems so that
access to such records is facilitated
13

Section 5:Designation of
Public Information Officers
All administrative offices of public


authorities have to appoint Public
Information Officers
May also appoint assistant public


information officers at sub-division or
sub-district level

14

Section 6:Request for
obtaining information
No reason is to be given for making a


request
Nor any personal details to be provided


other than necessary for contacting the
applicant

15

Section 7:Disposal of request
As expeditiously as possible,and in any


case within 30 days of the request or
reject the request for any of the
reasons specified in sections 8 or 9

16

Section 8: Exemptions from
disclosure of information
10 categories of exemption have been


provided
In spite of the official secrets act. A


public authority may allow access to
information if the public interest in
disclosure outweighs the harm to the
protected interest

17

Section 9:Grounds for rejection to
access in certain cases
…..where such a request for providing


access would involve an infringement of
copyright subsisting in a person other
than the State.

18

Section 10 : Severability
Access may be provided to part of the


information if another part of the
information is exempted under section
8 or 9

19

Section 11: Third party
information
Third party must be given notice that


information is to be disclosed in case of
confidentiality

20

Section 12:Constitution of Central
Information Commission
Constituted by Central Government


Notified in the Gazette


Chief Information Commissioner


Upto 10 Central Information Commissioners


Appointed by the President ,recommended by


committee of PM,leader of opposition and one
Union Cabinet Minister nominated by the PM

21

Section 18:Powers and
functions of Commissions
Receive and inquire into complaints


Has the powers of a civil court


May examine any record,and no record


shall be withheld from it on any
grounds

22

Section 20: Penalties
….upto Rs 250/- per day


Not exceeding Rs 25,000/-


Also disciplinary action under the


service rules applicable

23

Section 22: Act to have
overriding effect
The provisions of this Act shall have


effect notwithstanding anything
inconsistent therewith contained in the
Official Secrets Act, 1923 (19 of
1923),and any other law for the time
being in force or in any instrument
having effect by virtue of any law other
than this Act.
24

Section 23:Bar of jurisdiction
of courts
No court shall entertain any


suit,application or other proceeding in
respect of any order made under this
Act and no such order shall be called in
question otherwise than by way of an
appeal under this Act.

25

Section 24:Act not to apply to
certain organisations
Act not to apply to intelligence and


security agencies
But information pertaining to


corruption and human rights violations
shall not be excluded under this section

26

Section 25:Monitoring and
reporting
Annual reports on implementation of


this Act
Items to be covered: number of


requests,number of
denials,appeals,disciplinary
actions,recommendations..

27

Section 26:Appropriate
Government to prepare programs
Educational programs


Dissemination of information


28

Challenges in Implementation
Open coverage of time, depth , subject


Automation necessitated-How Far & How


much?
Exemptions-Security, defence and


restricted?
Relevance and need of the petitioner?


Time of answer: Complexity, depth, multi


years? RTI Implementation challenges in
29

Challenges in Implementation
Decisions of the past, present & future


Accountability, Transparency and


Notings in files
Archival Complexity-if not digitized.


People Complexity-Serving & Retired &


transfered

30

FOR FURTHER


INFORMATION
PLEASE CONTACT :-
E-MAIL: ksdir@nic.in;


ksmanian@ignou.ac.in


91-11-23219857


Fax:91-11-3235446


Office of the CAG,


10, B.Z. Marg,


New Delhi-110002


31

Challenges Of Implementing Rti In Government Space

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