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UPSC ESIC DD EXAM 2021-22
(RTI ACT-2005)
Shubham Jain, Faculty
Right to Information Act-1 Abhipedia
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Historical Background
The right to information is a fundamental right under Article 19 (1) of the Indian Constitution. In
1976, in the Raj Narain vs the State of Uttar Pradesh case, the Supreme Court ruled that Right
to information will be treated as a fundamental right under article 19. The Supreme Court
held that in Indian democracy, people are the masters and they have the right to know about
the working of the government.
Thus the government enacted the Right to Information act in 2005 which provides machinery
for exercising this fundamental right.
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The Right to Information Act of 2005
The act is one of the most important acts which empowers ordinary citizens to
question the government and its working. This has been widely used by citizens and
media to uncover corruption, progress in government work, expenses related
information, etc.
All constitutional authorities, agencies, owned and controlled, also those organisations
which are substantially financed by the government comes under the purview of the
act. The act also mandates public authorities of union government or state
government, to provide timely response to the citizens’ request for information.
The act also imposes penalties if the authorities delay in responding to the citizen in
the stipulated time.
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What type of information can be requested through RTI?
The citizens can seek any information from the government authorities that the
government can disclose to the parliament.
Some information that can affect the sovereignty and the integrity of India is
exempted from the purview of RTI.
Information relating to internal security, relations with foreign countries,
intellectual property rights (IPR), cabinet discussions are exempted from RTI.
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Objectives of the RTI Act
Empower citizens to question the government.
The act promotes transparency and accountability in the working of the government.
The act also helps in containing corruption in the government and work for the people
in a better way.
The act envisages building better-informed citizens who would keep necessary vigil
about the functioning of the government machinery.
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Important provisions under the Right to Information Act, 2005
Section 2(h): Public authorities mean all authorities and bodies under the union
government, state government or local bodies. The civil societies that are
substantially funded, directly or indirectly, by the public funds also fall within
the ambit of RTI.
Section 4 1(b): Government has to maintain and proactively disclose
information.
Section 6: Prescribes a simple procedure for securing information.
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Section 7: Prescribes a time frame for providing information(s) by PIOs.
Section 8: Only minimum information exempted from disclosure.
Section 8 (1) mentions exemptions against furnishing information under the RTI Act.
Section 8 (2) provides for disclosure of information exempted under the Official Secrets Act,
1923 if the larger public interest is served.
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Section 19: Two-tier mechanism for appeal.
Section 20: Provides penalties in case of failure to provide information on
time, incorrect, incomplete or misleading or distorted information.
Section 23: Lower courts are barred from entertaining suits or applications.
However, the writ jurisdiction of the Supreme Court of India and high courts
under Articles 32 and 226 of the Constitution remains unaffected.
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Chapter 1 of this Act deals with the definition that is covered under this Act e.g.
definition of “information”, “competent authority”, “state public information officer”,
“Right to Information”, “public authority”, etc.
Chapter 2 deals with the obligation of public bodies against the maintenance of
books and records in their interest areas of work and the different procedures
related to the application of information.
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