This article is written by D.Srujana Naik, VII Sem BBA LL.B,Mahatma Gandhi Law College during her internship at LeDroit India.
Keywords
- Accountability
- Constitutional Right
- Records
- Public Information Officers
- Transperancy
- Citizens
Abstract
Right to Information is a Constitutional right which provides citizens a right to receive information from any public authority. Right to information act 2005, promotes transperancy in the working of the public information officers. Records held by them can be accessed by the citizens. This right improves accountablity in the working of the public authorities. It puts the states under the obligation to let the citizens know about the information held by them whenever requested or whenever application made by the citizens.
RIGHT TO INFORMATION
Introduction
Article 19(1) (a) of the Indian constitution states that all citizens shall have the right to freedom of speech and expression, this fundamental right gave birth to a watershed legislation known as right to information. The concept of every citizen has a right to receive information has been derived because state is not only in a position to respect the fundamental rights of its citizens but also to provide and justify their responsibility. Right to Information Bill was passed by the Lok Sabha on 11th of May, 2005 and passed by the Rajya Sabha on 12th of May 2005, President of India agreed to the bill on June 15, 2005. Right to Information came into force with effect from 12th of october, 2005.
Right to Information promotes transperancy and access to accountability. It enables citizens to exercise their fundamental rights. Public officers are appointed to contribute their work for the welfare of the state but to what extent they are responsible can be questioned under this act.
Features
- To obtain information which is held by public authorities.
- Promotes transparency
- Lays duty on public authorities to maintain fair and safe records.
- Effective relation between government and citizens.
- Improves accountability.
- Controls dominant role of public authorities over citizens.
Section 2(j) of right to information states that right to access information under this act which is held by or under the control of any public authority.
What Information can be brought under RTI?
Firstly in order to know what information can be obtained from public authorities one must know who comes under the true meaning of public authority. It is defined under section 2(h) of right to information act. All these which were established by or under the court or by the laws passed by the parliament or by any legislation made by the state legislature or by a notification or a order by the concerning government and includes any body owned, controlled or substantially financed or any NGO’s which all are directly or indirectly funded by the appropriate government. Authorities working under these institutions are to be known as public authorities.
Section 2(f) of Right to Information Act defines the term ‘Information’ means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, reports, contracts, papers, models, samples, data material held in any electronic form. In other words it can be said that all the paper information available or any orders issued and many other explanations mentioned under this section comes under the information and this information must be made accessible to the citizens when application made.
Section 2(i) of Right to Information Act explains the term ‘Record’ as any document or manuscript file, any microfilm, microfiche and facsimile copy of a document, reproduction of image embodied in microfilm and any other other material produced by a computer or any other device.
When all these sections are read together it is clear that what kind of information can be accessed by the citizens when application is made to the concerned public authority. It is the obligation of public authority to provide the information when application is made by the applicant. Any information requested by the citizens which is limited to the definition such information must be provided as it is not only a legislation but also a constitutional right. In Ram vishal vs Dwarka Prasad Jaiswal it was held that record of the Municipal corporation is a public record and it will be usually presumed that there should be no difficult in getting the certified copy of public record. Public authority must give the valid reason for denying the application made by the citizen regarding information. As it is the right provided by constitution to the citizens, Public authorities must respect and work according to the provisions mentioned. It helps in achieving good governance. This act makes clear that all citizens shall have the right to information, subject to provisions of this act.
Conclusion
Right to Information upholds true meaning of democracy. It balances responsibility and accountability. This act has its own significance in the history of India. Right to Information for citizens to secure access to information under the control of public authorities. Records and Information held by the government body is made available to the citizens and can get access to the information by making an application and stating their reason to the concerned authority.
Reference:
Case law
RamVishal vs Dwaraka Prasad Jaiswal
