Right to Information (RTI)

Right To Information Act, 2005

  • Right to Information Act is a revolutionary step in the direction of making the system of governance and administration transparent and accountable to the people in India.
  • RTI Act, 2005, was passed by the Parliament on 15th June 2005.
  • The Parliament repealed the Freedom of Information Act, 2002.
  • RTI Act, 2005, came into force on October 12, 2005.
  • Right to Information Act 2005, is to extend to whole of India except the State of Jammu & Kashmir.

Composition of CIC

  • Central Chief Information Commissioner – Shri Satyananda Mishra.
  • Central Information Commissioners – Shri M.L. Sharma, Mrs. Deepak Sandhu, Mrs. Sushma Singh, Shri Rajiv Mathur, Shri Vijai Sharma, Shri Basant Seth.
  • Chief Information Commissioner.
  • Central Information Commissioners as required, but, should not be more than 10.
  • RTI, confers upon the citizens of India the legal right to seek any information regarding public work public record, documents, memos, contracts, reports, data and any other matter of public importance from the public authority within prescribed time limit through the stipulated procedure of depositing specified amount of fee and writing application to the appropriate authority.
  • Public authority means any body or institution of self-government established or constituted by or under the Constitution, by any other law made by the Parliament, by any other law made by State Legislature, any body setup by the government by notification and any NGO substantially owned or financed by the government.
  • The public authorities are required to appoint Public Information Officers to provide Information to the people within 30 days of submission of application.
  • Information on certain matters and from certain agencies are being excluded from the purview of RTI, these are as follows –
  1. Information regarding ‘File notings’.
  2. Information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interest of the state, in relation with any foreign state.
  3. Information from Securities and Intelligence agencies, information regarding privilege of Parliament and Legislative Assemblies, information which has been expressly forbidden to be published by any Court of Law or tribunal or the disclosure of which may constitute contempt of court.

Central Information Commission

Right to Information Act, 2005, provides that the Central Government is to constitute a body to be known as the Central Information Commission to exercise the powers on it and to perform the function mentioned under this Act.
The headquarters of the CIC, is to be at Delhi and CIC may, with the previous approval of the Central Government, establish offices at other places.

Appointment

The Chief Information Commissioner and Information Commissioners are to be appointed by the President of India on the recommendation of a committee consisting of –

  1. The Prime Minister, who is to be the Chairman of the Committee.
  2. The leader of opposition in Lok Sabha.
  3. A Union Cabinet Minister to be nominated by the Prime Minister.

Qualification, Term of Office and Condition of Service

  • The Chief Information Commissioner and Information Commissioners are to be persons of eminence in public life with wide knowledge and experience in Law, Science and Technology, Social Service, Management, Journalism, Mass Media or Administration and Governance.
  • The CIC and ICs should not be a Member of Parliament or Member of the Legislative of any State or UT, as the case may be, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.
  • The Chief Information Commissioner is to hold office for a term of five years or upto 65 years from the date on which he enters upon his office and is not to be eligible for reappointment.
  • Every Information Commissioner is to hold office for a term of five years from the date on which he enters upon his office or till he attains the age of sixty-five years, whichever is earlier and not to be eligible for reappointment as such Information Com-missioner though he could be Chief Information Commissioner.
  • The CIC and ICs before entering upon their offices are to make and subscribe before the President an oath or affirmation according to the form set up in the Act.
  • The Chief Information Commissioner and Information Commissioners may at any time, by writing under his hand addressed to the President, resign from his office. Besides, the Chief Information Commissioner or an Information Commissioner may be removed in the manner specified under the Act.

The salaries and allowances payable to and other terms and conditions of service of –

  1. The Chief Information Commissioner is to be the same as that of the Chief Election Commissioner.
  2. The Information Commissioner is to be the same as that of an Election Commissioner.

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7 Comments

  1. Is it also possible that we may get false information. what's the guarantee that we are getting the actual details what we aked for.

  2. in case u think that u were furnished false information, u can appeal against that within 30 days of receiving such information to central or state cheif information comissioner , as the case may be, and he will initiate enquiry over that and procceding agaist the errant official. peanalty of 250Rs per day will be imposed on the official which in any case, can not be greater than 25000Rs. While the enquiry is going on, the accused will also be given oppourtunity to present his case.
    Rest information regarding it can be accesed from RTI website if GOI.

  3. If we get the genuine information that some of the officer were compile do so as political pressure what should it's process..?

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