Keywords: Fundamental Right, Right to Information, Guidelines, Request, Citizens.
Abstract : This Paper focuses on the importance of right to information and about the how it’s the fundamental right of the citizen to ensure transparency by the government. It will be discussing all the the steps involved on how the fill the application of RTI.
INTRODUCTION
The Indian Parliament passed the Right to Information Act of 2005 (RTI) “to provide for setting out the practical regime of right to information for citizens.” All of India’s States and Union Territories are covered by the Act, with the exception of Jammu & Kashmir, which is governed by a State-level law. According to the Act’s requirements, any citizen (aside from residents of J&K) may ask a “public authority” (a body of government or “instrumentality of state”) for information, and the latter is obligated to respond quickly or within thirty days.The Act also mandates that all public authorities computerize their records for widespread distribution and proactively disseminate specific types of information so that individuals have the fewest options when making formal requests for information. The Parliament passed this law on June 15, 2005, and it became fully effective on October 13, 2005. The Official Secrets Act of 1923 and other specific legislation placed restrictions on information disclosure in India up to this point, but the new RTI Act now loosens those restrictions.[1]
People cannot communicate or express themselves without knowledge, the Supreme Court said in the case of Raj Narain v. State of UP back in 1976. So, article 19 contains a right to information. The Supreme Court added that India is a democracy in the same case. The masters are the people. The masters therefore have a right to know how the governments established to serve them are conducting themselves. Every citizen also pays taxes. When he purchases a bar of soap from the market, even a beggar on the street is required to pay tax (in the form of sales tax, excise duty, etc.).
Therefore, the public has a right to know how their tax dollars were used. The Supreme Court established these three tenets while stating that RTI is a component of our fundamental rights.[2]
Steps to file an RTI :
- Click the submit request option to submit an RTI application.
- The “Guidelines for use of RTI ONLINE PORTAL” page will appear after selecting the submit request option. Various instructions for utilizing the RTI online portal can be found on this screen. I have read and understand the following regulations must be checked by the citizen before clicking the submit button.
- The screen for the online RTI request form will then appear. The applicant can choose the ministry or department from the Select Ministry/Department/Apex body option to which they want to submit an RTI.
- If the applicant supplies a cellphone number, they will receive SMS notifications. The fields with an asterisk (*) are required; all others are optional.
- If a citizen falls under the BPL category, he must check the box next to “Yes” in the “Is the applicant below poverty line?” form and upload a copy of his BPL card in the[3] [4]“Supporting Document” section. According to the RTI Rules from 2012, no citizen who is below the poverty level is required to pay an RTI fee.
- Upon application submission, a special registration number would be given, which the applicant might use as a reference in the future.
- If a person falls under the Non-BPL category, he must choose “No” in the “Is the applicant below poverty line?” area and pay the Rs. 10 fee stipulated by the RTI Rules, 2012.
- Application text for RTI requests should not exceed 3000 characters. If the text exceeds 3000 characters, the application may be uploaded in the section for supporting document.
- After entering all the required information, select “Make Payment” to complete the transaction.
- The Online Request Payment form will be visible after selecting the option. This form allows you to choose your preferred payment method from among credit card, ATM-cumulative debit card, or online banking.The applicant will be taken to the SBI payment gateway for payment after clicking the “Pay” button. A redirect will take the applicant back to the RTI Online Portal once the payment process is finished.Upon submission of the application, the applicant will receive an email and SMS notice.[5]
RTI Request is making a first-time application. One individual (the PIO) receives a request from a citizen for information. This indicates that only the citizen and PIO are involved.
RTI appeals are challenges to PIO decisions made in front of superior officers. This indicates that a third party the Appellate Authority is placed in this situation between the citizen and the PIO.
Only when the citizen is dissatisfied with the PIO’s response or when the PIO denies the citizen’s request for information may an appeal be filed.
This indicates that an RTI request is an application process, but an RTI appeal is a review of an RTI application’s decision.[6]
[1] Rahul Srivashtava, Right to information, Legal Services India, ( July. 12, 7:53 PM), http://www.legalservicesindia.com/article/444/Right-To-Information.html.
[2] Rahul Srivashtava, Right to information, Legal Services India, ( July. 12, 7:53 PM), http://www.legalservicesindia.com/article/444/Right-To-Information.html.
[3] India Today, https://www.indiatoday.in/information/story/rti-application-online-filing-steps-1440321-2019-01-27, ( last visited July. 12, 2022).
[5] India Today, https://www.indiatoday.in/information/story/rti-application-online-filing-steps-1440321-2019-01-27, ( last visited July. 12, 2022).
[6] India Today, https://www.indiatoday.in/information/story/rti-application-online-filing-steps-1440321-2019-01-27, ( last visited July. 12, 2022).
