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RTI

  1. News & Context

    DPDP (Data Protection Act) Act 2023 Amended RTI Act. DPDP Act amended Section 8 1 J giving blanket information to personal information

  2. Quotes

    Where a Society has chosen to accept as its Creedal Faith (Course of Action), it is elementary that the citizens ought to know that what is the government doing By Justice PN Bhagwati

    Democracy cannot meaningfully function without an Informed Citizenry and such a citizenry is impossible without broad public access to information about the operations of government By FoSE Researcher Ryan Shapiro

  3. RTI

    1. Defintion

      RTI is defined citizens ability to obtain information held by government or public authorities

    2. Significance

      Screenshot 2023-12-11 at 1.10.33 PM.png

      1. It is important for the assessment of govt by general public

      2. It is important for involvement of citizens in government in decision making

      3. Importance for reducing corruption

        All these 3 points will ensure Inclusive Government and thereby good governance

        Hence it is called as Oxygen for a democratic society

    3. Evolution

      1. Judicial

        Raj Narayan v/s State of UP Case

        For the firs time SC established that Citizens Rt to Know arises from the Fundamental Right of FoSE under Art 19(1)(A)

        SC reiterates in SC Gupta case that RTI is part of Art 19(1)(A)

        SC in PUCL v/s UoI 2000 case, RTI was elevated to the status to NHC

      2. Parliament

        Mathew Commission was Established & recommended to Official Secrets Act, 1923 on the grounds that it suppresses Freedom of Press

        Later in 1989, VP Singh Government proposed to make RTI a FR.

        However, things didn’t materialise

      3. Peoples Movement

        MKSS (Mazdoor Kisan Shakti Sangrahan).

        Finally in 2005, a Legislation called RTI was passed by the Parliament in 2005

  4. Objectives of RTI

    1. Promote Transparency and Accountability
    2. Empower the Citizens
    3. Address Corruption from Society

  5. Spirit of RTI Law

    1. It Mandates the replacement of a culture of secrecy with a culture of transparency

  6. Unique Feature of Law

    1. Suo Moto Declaration so that Public have minimum resort to the use of this act to obtain information.

    2. Established Information Commissioners with Highest Authorities to order any office, to provide information as per provisions of the Act

      Evident in Subhash Agarwal v/s UoI → It declared that CJI is also a Public Office

  7. This lead to three Shifts

    1. Culture of Secrecy to Culture of Transparency
    2. Unchecked Rule to Accountable
    3. From Uni Lateral Decision Making to Participatory Decision Making

  8. Modern Information Highway (MIH)

    1. Present Day World is about MIH, acc to govt MIH includes five pillars

      1. Ask → mygov.in
      2. Listen → Changes to GST Regime & J&K Social Media Kid asked govt to reduce class timing
      3. Interact → Various periodic surveys are conducted
      4. Act → Railway Dpt taking action based on X
      5. Inform → Information (Websites & Real Time)

      AIM : Participative & Substantive Democracy Over Procedural Democracy

  9. Reports

    1. Transparency International Ranked India as 85/180 in Corruption Perception Index

      Countries Rank Remained Stagnant in the past decade

  10. RTI Act 2005 → Key Sections

    1. Section 2

      Definition of Information and Public Authority

      Pub Authority - Those entities which are controlled and substantially funded by the government

    2. Section 4

      Pro Active Disclosure of information - Suo Moto Declaration

      Benchmark : What you cannot deny to the parliament, you cannot deny to public

      it calls for Pro Active Disclosure, Rather than Reactive Disclosure

      Pro Active Disclosure by MIH in Ujjwala Scheme and Swacch Bharat Abhiyan

    3. Section 5

      Establish Public Information Officers. No Need for separate

    4. Section 7

      Response Time. PIO should furnish information within 30 days of receipt of application

    5. Section 8

      Exemptions from Disclosure. Certain Categories are

      1. Non Disclosure is important to protect the National Interest

      2. If an information is prohibited from Publication by the Court

      3. If an information if it affects parliamentary or legislatives privileges

      4. Section 8 1 J : Exemption from Disclosure to Personal information that has no relationship to any public activity or interest.

        However, the qualification to it is → if a PIO feels a larger public interest and justifies disclosure, then information can be revealed.

        Basis is Benchmark of “If a certain information that cannot be denied to Parliament or State Legislative Assemblies then it shall not be denied to Citizens as well”

        DPDP Removed this Section → It said that “Non Disclosure of Personal Statement”

        this is a broader exemption, information which relates to a broader information.

    6. Section 20 : Penalty for Non Compliance

      Penal Provisions for Denial or Delay in providing information. Fine will be borne by Individuals.

  11. Positives and Issues

    Positives

    1. Enhancing Transparency

      1. Ensures Access to Public Records and Accountability

    2. Strengthening Democracy

      Citizen Empowerment, An informed Citizenry is strengthened citizenry, calls for social auditing by means of peoples participation

    3. Fostering Good Governance

      1. By means of accountability and transparency

    4. Administrative. Efficiency

      1. Record Keeping
      2. Contributing to Judicial Efficiency

    5. Stats : 80 Lakh Applications & Adarsh Housing Society Scam, Common Wealth Scam and 2G Scam

    Issues (Add from Handout)

    1. Acc to Satark Nagarik Sangathan, came up with RTI Report Card.
      1. There is large backlog of complaints and appeals. in 2022 the no of pending complaints and appeals is more than 3 Lac. with time clearance rate will reduce
      2. Many State Level Information Centres are having Vacancies at the level of Information Commissioner
      3. Still there is poor record keeping and lack of online record keeping. Lack of Digitisation of records
    2. Still there is attitudinal issues and reluctance to pro active disclosure of information. Lack of Bureauratic Will
    3. this act has the potential to misuse and harassment. combined with Frivolous Requests
    4. Conflict with Other Laws : like Official Secrets Act, latest clash with DPDP
    5. Loopholes in the Law, Exemptions as the reason to not disclose information
    6. Penalties are rarely imposed on PIO.
    7. Example : 20 RTI Activists were killed in the last 2 decades

  12. Amendments - 2019 & 2023

    | Meta | Before | After | Remarks | | --- | --- | --- | --- | | Tenure | 5 Yrs or 65 Yrs for CI | Decided by Central Govt | No Fixity of Tenure | | Salaries | Like of CEC → CIC EC→ IC | Now it will be decided by Central Govt | Arg by Govt, is that CIC & IC are statutory bodies under RTI Act. However, CEC & EC are constitutional body | | Appointment | Decided by State Rules for SIC | Now this also goes to centre | Unitary Bias |

    Issues with Amendments

    1. 2019 protects the unique feature of RTI

    2. 2023 Amendment diluted the essence of EIC

    3. Amendment Goes against the idea of federalism in point 3

    4. wrt 2023 Amendement, a blanket exemption to all personal information

    5. Acc to National Campaign for peoples right to information, this 2023 amendment will lead to two problems

      It will affect the social audit of govt programs. examples MNREGA & PDS

    6. DPDP act amended Section 8 1 J totally exempting personal information from disclosure

    7. Challenge as per SNS

      1. Backlog & Pendency of Cases
      2. Increasing Appeals → Submitted a Application and Not Satisfied, Hence Filed One More Appeal → No Satisfaction or Low Satisfaction → Leads to Public Trust Deficit

    Sealed Cover Jurisprudence → Govt gives to Court in Sealed Cover → Media One Case

  13. Suggestions / Way Forward

    1. Estab Public Records Office which will be responsible for Control, Supervision and Inspection of Record Keeping in all Public Offices
    2. Estab Single Window Agency in Every District, so that citizens can access services or information of different departments at one place
    3. Operationalise Whistle Blower Protection Act

  14. Questions : The Amendments to RTI Act, 2005 will have a profound impact on the spirit of the legislation Discuss

    Answer Framework :

    1. RTI
    2. Spirit of Law
    3. Amendment 2019-23
    4. Impact Positive
    5. Impact Negative
    6. Way Forward