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Shvoong Home>Law & Politics>Law - General>Right to Information Summary

Right to Information

Article Summary   by:SureshSharma     Original Author: S.K. Sharma
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SOURCE OF THE RIGHT : Now , the Right to Information Act, 2005 has been enacted with an object to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities. This right has been conferred in order to promote transparency and accountability in the working of every public authority. The main task achieved by this enactment is that democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption. The governments and their instrumentalities have been held accountable by the Act. Whereas revelations under the Act is likely to conflict with other public interests including efficient operations of the Governments , a balancing is necessary to harmonise these conflicting interests while preserving the paramountcy of democratic ideal as well to ensure that rights under the Act are not withheld by the Government in the guise of the Public Interest. The basic idea behind the Act is to furnish certain information to the Citizens who desire to have it. MEANING OF RIGHT TO INFORMATION: Information under Section 2(f) of the Act 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 accesses by a public authority under any law for the time being in force. Section 2(j) of the Act defines ‘Right to Information’ which means the right to information accessible under the Act which is held by or under the control of any public authority and includes the right to(i) inspection of work, documents, records, (ii)taking notes, extracts or edified copies of documents or records,(iii) taking certified samples of material (iv) obtaining information in the form of diskettes ,floppies ,tapes, vdeo casettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device. The Right of Information has been conferred on all the citizens of the Country. REQUEST FOR OBTAINING INFORMATION : Under Section 6 of the Act, for obtaining information , a person has to make a request in writing or through electronic means in English or Hindi or in the Official language of the area, with the prescribed fee, to the Central Public Information Officer or State Public Information Officer of the concerned public authority, or to the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be. Under section 7 of the Act, the concerned Officer on receipt of the request under section 6 shall as expeditiously as possible , and in any case within 30 days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in Sections 8 and 9. If the information sought concerns the life or liberty of a person , the same shall be provided within 48 hours of the receipt of the request. Section 20 of the Act has made provision for imposition of the penalty if any Central Public Information Officer or State Public Information Officer, as the case may be , has without any reasonable excuse , refused to receive an application for information or has not furnished information within the specified time or malafidely denied the request for information or knowingly given incorrect , incomplete or misleading information or destroyed information which was the subject of request or obstructed in any manner in furnishing the information, a penalty of two hundred and fifty rupees each day till application is received or information s furnished , so however,, the total of such penalty shall not exceed twenty-five thousand rupees shall be imposed on that officer. There is a provision of appeal to an Officer higher in rank. No Court can entertain any suit, application or other proceedings in respect of any order made under the Act CONCLUSION: This piece of legislation has worked wonders & has given an example of effective and fruitful legislation. What used to be hidden from the citizens has been made accessible by the Act. The principle of accountability of the concerned officer & imposition of penalty for wrongs of the concerned Officer is an eye-opener for the legislation to incorporate in other legislations also wherever required.

Published: September 11, 2011   
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