Features of Right to Information (RTI) Act, 2005

1. Right to Information: The Act grants every citizen the fundamental right to access information held by public authorities. This is provided under Section 3 of the RTI Act.

2. Scope of Information: Citizens can request information regarding the activities and decisions of public authorities, including records, documents, memos, emails, opinions, advices, press releases, and more. Section 2 (f) of the RTI Act defines “information” comprehensively.

3. Public Authorities: The Act applies to all bodies, organizations, and institutions established or constituted by the Constitution or under any law made by Parliament or the State Legislature. Section 2 (h) defines “public authority” under the Act.

4. Request Procedure: Individuals can request information by submitting a written or electronic application to the relevant Public Information Officer (PIO) or Assistant Public Information Officer (APIO). Section 6 outlines the procedure for submitting an RTI application.

5. Time-bound Response: Public authorities are required to respond to RTI requests within thirty days from the date of receipt of the application. In certain cases, this period may be extended to 45 days. Section 7 stipulates the timeline for providing information.

6. Reasons for Denial: If access to information is denied, the public authority must provide reasons for such denial, citing specific exemptions under the Act. Section 8 and Section 9 list the grounds on which access to information can be refused.

7. Appeal Mechanism: If an individual is not satisfied with the response received or if their request is rejected, they have the right to file an appeal with the relevant appellate authority. Section 19 outlines the procedure for filing first and second appeals.

8. Penalties for Non-compliance: Public Information Officers (PIOs) who fail to provide information within the specified time frame or deny information without valid reasons may be subject to penalties. Section 20 delineates the penalties for non-compliance.

9. Promotion of Openness: The Act promotes proactive disclosure of information by public authorities through the publication of certain categories of information on their websites or through other means. Section 4 outlines the obligations of public authorities regarding proactive disclosure.

10. Protection of Whistleblowers: The RTI Act includes provisions to safeguard individuals who disclose information in the public interest, commonly known as whistleblowers. Section 22 of the Act provides protection to whistleblowers against any victimization or harassment for disclosing information under the Act. This provision encourages individuals to come forward and expose wrongdoing without fear of reprisal, thus enhancing transparency and accountability further.

The Right to Information Act 2005, also known as the RTI Act, was a significant step in India’s governance. It started with the Freedom of Information Act in 2002, but that wasn’t put into action. Then in 2005, after some changes recommended by the National Advisory Council, the RTI Act was passed. This law helps people know what the government is up to. It came into effect in October 2005. The RTI Act has been crucial in making democracy work better by making the government more transparent and accountable. It’s like a tool that lets citizens ask questions about how the government operates. This way, people can keep an eye on what’s happening and hold the government responsible for its actions. The RTI Act has given power to the people, making them active participants in democracy. The updated law, named the Right to Information Act, 2005, was approved by the Lok Sabha on May 11, 2005, and by the Rajya Sabha on May 12, 2005. The President of India then signed it on June 15, 2005, and it became effective on October 12, 2005.

Key Takeaways

• The RTI Act passed in 2005, transformed governance in India by fostering transparency and accountability within the government.
• It evolved from the earlier Freedom of Information Act, 2002, and was strengthened based on recommendations from the National Advisory Council.
• Effective from October 2005, the RTI Act empowers citizens to inquire about governmental activities, enhancing their role in democracy.
• The Act signifies a shift towards participatory democracy, granting citizens the authority to monitor government actions and hold officials accountable for their decisions.