The Right to Information is guaranteed by the Constitution of India under the Right to Information (Amendment) Bill, 2019 that amends the Right to Information Act, 2005. RTI Act has been made by legislation of Parliament of India on 15 June 2005. The Act came into effect on 12 October 2005 and has been implemented ever since to provide information to crores of Indian citizens.
All the constitutional authorities come under this Act, making it one of the most powerful laws of the country. The public authorities, under this act, are required to disclose the various aspects of the functioning and structures.
Before discussing this topic any further, let us understand what the terms 'information' and 'public authorities' means.
The concept of information under the Act has been given a wide scope. It has been defined in detail including the various modes and forms of information which can be accessed under the right to information. Since it is the key theme of the Act, its various connotations, forms and dimensions have been incorporated in the Act.
"Information" means any material in any form, including records, documents, manuscripts, files, 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.
'Public Authorities' include bodies of self-government established under the Constitution, or under any law or government notification. For instance, these include Ministries, public sector undertakings, and regulators. It also includes any entities owned, controlled or substantially financed and non-government organizations substantially financed directly or indirectly by funds provided by the government.[i]
The Constitution of India does not explicitly grant a right to information. However, the Supreme Court of India has held in several cases that the right to information is implicit in the constitutionally enshrined Right to Life and Liberty in Article 21 supported by the Right to Constitutional Remedies in Article 32 which provides the right to approach the Supreme Court and High Court in case of any of these rights.
Dynamic interpretation of these Articles by the Supreme Court over the years has led to the development of the Rule of Law in India. The legal position has develop over a period of time through several court decisions.
In the absence of clear legislation on the right to information, the only resort left to the citizens was to knock at the doors of the courts every time they wanted to enforce this right.
In 1993, the Consumer Education and Research Council, Ahmedabad proposed a draft RTI Law. The Press Council of India headed by Justice P.B. Sawant presented a draft model law on the right to information to the Government of India in the year 1996.
The first Legislation in India enacted as the 'Freedom of Information Act,2002' which enabled a citizen of India to secure access to information under the control of public authorities, died in womb as the infrastructure required to make it operational could not be fully established. The Freedom of Information[ii] Act, 2002 was repealed and replaced by a new legislation "The Right to Information Bill, 2005" which was introduced in Lok Sabha on 23.12.2004.
Right to Information (RTI), 2005 received the assent of the President on 15.06.2005 (published in the Gazette of India Ext. Pt. II, S.1 dated 21.06 2005 ) and came into force on 12.10.2005 though some sections like Sections 4(1), 5(1), 5(2), 12, 13, 15, 16, 24, 27 and 28 came into force with immediate effect. It extends to the whole of India except the State of Jammu & Kashmir.
"Right to Information" means the right to information accessible under RTI, 2005 which is held by or under the control of any public authority. Any citizen is entitled to obtain information under this law, inspect work, documents, reports held by Public Authorities or even information relating to private authorities under the control of the Public Authorities. Citizen are entitled to take notes, extracts, certified copies of records and documents as also obtain information in the form of diskettes, floppies or in any other electronic mode or through print-outs where such information is stored in a computer or in any other device [sec. 2(j)].
It has been realized that RTI Act, 2005 will be in the interests of both the stake holders of the political system, that is, information providers' viz., the government and all the other public organizations and the information seekers, viz., the members of the public. It is expected to promote transparency and accountability in public administration and thus help in improving the decision making process, as also in reducing corruption, nepotism and casteism.
This will enhance manifold the credibility of the government. On the other hand, it will provide an empowering tool in the hands of the public through which they will secure access to information which enable them to make informed choices and thus facilitate individual participation in public affairs and also enable them to assert their democratic rights more effectively. In other words, RTI act,2005 has given due recognition to the fact that the right of access to information is the life-blood of a democracy since paucity of information stunts the development of a people as it deprives them of the opportunity to grow up to their optimum potential.[iii]
All government agencies, whether they are under a state government or the Centre, come under the purview of the Act, like Municipal Corporations, PSUs (Public Sector Units), Government departments, Ministries at the State as well as Central level, Judiciary, Government owned Companies, Government Universities, Government Schools, Works Departments, Road Authorities, Provident Fund department etc. The list is quite an exhaustive one.
Not only governments and their departments, but also smaller units such as your city corporation or gram panchayat fall under the ambit of RTI. Be it police, passport office, your electricity/water supply company or even the IRCTC, all are required to furnish RTI information.
Through RTI, we can get copies of government documents such as records, advices/opinions, reports, papers, file noting. Even email communications and data held in electronic form has to be made available to citizens upon an RTI application. We can even go to the department's office and inspect their records and documents, if at all the RTI information is voluminous you can take photocopies, obtain certified copies, and take printouts and what not.[v]
Twenty-odd organisations are exempted from RTI. But all these entities are related to the country's defence and intelligence, such as RAW, BSF, CRPF, CISF, Intelligence Bureau, National Security Guard etc.
Further, there are some specific instances whereby RTI information cannot be furnished.
A citizen can ask government official's reasons for delay in government service requested for. For example, if you have applied for passport and it has not been delivered.
Right to Information had been held as implicit in the right of free speech and expression guaranteed under the Article 19(1) (a) of the Constitution. However, the free flow of information was restricted by legislations like the Official Secrets Act, the culture of secrecy within the bureaucracy and the low level of literacy and awareness of rights among the people.
The Act aims at bringing total transparency. The preamble clearly states that it intends to harmonize the need to keep certain matters secret but at the same time reiterating the paramount of the right to know.
Thus the Act intends to bring in a total change in the mind-set of secrecy generated by the colonial legislations such as the Official Secrets Act and the Law of Evidence. This Act has been given an overriding effect on the other Acts including the Official Secrets Act, 1923. If any provision of the Official Secrets Act prohibits the publication of particular information and the same is allowed under the Right to Information Act, the information shall be published notwithstanding the provisions otherwise provided under the Official Secrets Act.
Therefore section 22 when read together with the provisions of section 8(1) of the Act, would mean that it may overrule the conflicting provisions of Official Secrets Act, 1923 but the orders passed by courts and tribunals regarding the dissemination of information will have to be honoured.