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The freedom of information, 2002, has been replaced by the Right to information Act, 2005. The
freedom of information act, 2002 was made to give freedom of every citizen to provide information
under the control of public authorities, based on public interest for to promote openness, transparency
and accountability in administration and other related matters. However, the National Advisory council
has suggested several important changes in the law to gather more access to information.
Information 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 accessed by a public authority under any other law for the time being in force.
Record includes—
Right to Information means the right to information accessible under this Act which is held by or under
the control of any public authority and includes the right to —
Public Authority means any authority or body or institution of self- government established or
constituted—
Like any other legislation, this Act also provides for exemptions to the Government from disclosure of
information regarding information – which would cause a breach of privilege of Parliament or the State
Legislature / harm the competitive position of a third party / endanger the life or physical safety of any
person / impede the process of investigation or apprehension or prosecution of offenders / weaken
confidence of the Foreign Government / Disclose the Records of deliberations of the Council of
Ministers, Secretaries and other Officers / relates to personal information which has no relationship to
any public activity or interest, or which would cause unwarranted invasion of the privacy of the
individual unless the Central Public Information Officer or the State Public Information Officer or the
appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure
of such information / involve infringement of copyright.
IMPACT: To hide or avoid giving the required information demanded, the Officers of the concerned
Public Authorities may resort to take advantage of these Exemptions. Hence it may be necessary for the
‘Information Seeker’ to be clear in his mind about the exact interpretation of the provisions and
exemptions so that he may not be taken for a ride by the officials and can claim his Right to information
rightfully.
A body to be known as the ‘Central Information Commission’ is constituted to exercise the powers
conferred on, and to perform the functions assigned to, it under this Act. The Central Information
Commission shall consist of— The Chief Information Commissioner and such number of Central
Information Commissioners as may be deemed necessary.
Every State Government shall constitute a body to be known as the _____________ (name of the State)
Information Commission to exercise the powers conferred on, and to perform the functions assigned to,
it under this Act. The State Information Commission shall consist of— The State Chief Information
Commissioner and such number of State Information Commissioners as may be deemed necessary.
The Central Information Commission or State Information Commission shall, while inquiring into any
matter under this section, have the same powers as are vested in a civil court while trying a suit under
the Code of Civil Procedure, 1908.
Every public authority shall designate as many officers as the Central Public Information Officers or
State Public Information Officers, as the case may be, in all administrative units or offices under it as
may be necessary to provide information to persons requesting for the information under this Act. Every
public authority shall designate an officer at each sub-divisional level or other sub-district level as a
Central Assistant Public Information Officer or a State Assistant Public Information Officer, as the case
may be, to receive the applications for information or appeals under this Act for forwarding the same
forthwith to the Central Public Information Officer or the State Public Information Officer or senior
officer specified or the Central Information Commission or the State Information Commission, as the
case may be.
Timeframes within which the desired information should be made available by the concerned
Public Authority:
A person who desires to obtain any information shall make a request in writing or through electronic
means in English or Hindi or in the official language of the area in which the application is being made,
accompanying such fee as may be prescribed, to—
(a) the Central Public Information Officer or State Public Information Officer, as the case may be, of
the concerned public authority;
(b) the Central Assistant Public Information Officer or State Assistant Public Information Officer, as
the case may be, specifying the particulars of the information sought by him or her.
An applicant making request for information shall not be required to give any reason for requesting the
information or any other personal details except those that may be necessary for contacting him.
On receipt of a request the Central Public Information Officer or State Public Information Officer shall
as expeditiously as possible, and in any case within Thirty 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 a reason.
If the Central Public Information Officer or State Public Information Officer fails to give decision on
the request for information within the said period it shall be deemed to have refused the request. The
person making request for the information shall be provided the information free of charge where a
public authority fails to comply with the time limits specified.
IMPACT: Making requests for information through electronic means may not be easy practically, since
not all the Public Authority offices are fully computerized and may not have computer savvy staff. The
urban class who may resort to make request through electronic means may get discouraged.
Explanations like, ‘Computer error’, ‘Server down’ may be resorted to, for avoiding furnishing of
information.
If without any reasonable cause, the concerned Officer refuses to receive an application for information
or has not furnished information within the time specified or malafidely denied the request for
information or knowingly given incorrect, incomplete or misleading information or destroyed
information which was the subject of the 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 is furnished, so however, the total amount of such penalty shall not exceed twenty-five
thousand rupees shall be imposed and / or disciplinary action against the concerned Officer may be
taken. Provided that the Central Public Information Officer or the State Public Information Officer, as
the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed
or disciplinary action is taken against him.
Constitutional Acceptancy:
Under section article 19 (1) (a), the Supreme Court of India has held that rights to freedom of speech
and expression includes the rights to information. According to this the right to information is implicit
in the right to freedom of speech. All the citizens must have the right to get correct information in the
every sphere of their life. The apex court of India has ensured this right in the case of state of Uttar
Pradesh” Vs Raj Narain (1974) 4 SCC 428. It is impossible for any democratic country to stand without
the right to information for its citizen.
In India the formation of law regarding rights to information got momentum in 1990s. The Law
Commission of India in its 179th report first time emphasized upon the accountability and usefulness of
this law in India. Hence, the law was ultimately passed and enacted as Freedom of Information Act,
2002, but never applied in reality. Therefore, as per as the recommendations made by the National
Advisory Council the law has been ultimately changed and enacted as the Right to Information Act,
2005 by the parliament and got the president’s assent on 15.06.2005.
For the successful operation of Right to Information in India, following provisions are necessary,
such as:
(a) Section 4 (1)- Obligations of Public authorities,
(b) Section 5 (2)- Designating PIOs,
(c) Section 12 & 13- Constitution of central information commissions.
(f) Section 15 & 16- Constitution of State information commissions,
(e) Section 24- Exclude several intelligence and security organizations,
(f) Section 27 & 28- Power to form rules and regulations by the central and state governments.
Important objectives:
The primary aim of this right is to promote transparency and accountability in the functioning of all the
public authorities.