The rti act has overriding effect visavis other laws in as much as the provisions of the rti act would have effect notwithstanding anything inconsistent therewith contained in the official secrets act, 1923, and any other law for the time being in force or in any instrument having. Article 21 of the constitution of india right to life. Democracy requires informed citizenry which in turn is vital for its functioning, to hold government accountable to. The right to information act came into force all over india on october 12, 2005 120th day of its enactment on 15th june, 2005. The information sought for under the right to information act, may be made through a simple application in a white paper while attaching rs 10 indian postal order or demand draft or bankers cheque as its fees. Appropriate government means in relation to a public authority which is. Subject to the provisions of this act, all citizens shall have the right to information. In accordance with the regulations promulgated under the right to information act, no.
The right to information act, 2005 is considered to be one of the leading welfare oriented laws enacted after independence. The rti act has overriding effect visavis other laws in as much as the provisions of the rti act would have effect notwithstanding anything inconsistent therewith contained in the official secrets act, 1923, and any other law for the time being in force or in any instrument having effect by virtue of any law other than the rti act. The exception to the 30 day rule, as laid down in the proviso of section 71 of the act, is when the information sought concerns the life and liberty of a person. Do we have separate cause list for life and liberty rti.
Life and liberty issues and time taken by the cic in concluding such disputes ritesh kumar introduction before discussing the orders of central information commission cic it is necessary to first understand the aim or objective of right to information act, 2005. Right to information act was enacted in 2005 with objective of enhancing transparency, accountability, containing corruption. Jun 18, 2012 the clause of life or liberty can be invoked to obtain information within 48 hours of filing the rti application. A suggested application form for seeking information under the rti act. Important section under right to information act 2005 jurisdiction of rti act 2005 section12. In case the matter to which the information pertains affects the life and liberty of an. They are responsible to give information to a person who seeks information under the rti act.
Features of right to information act 2005 rti accountability and transparency in administration. The ambitious charter of this central legislation, as spelt out in the preamble, is to provide an effective framework for effectuating the right to information recognized under article 19 of the constitution of india. The life or liberty clause can be applied only in cases where there is an imminent danger to the life or liberty of a person and the nonsupply of the information may either lead to death or grievous injury to the concerned person. It replaced the former freedom of information act, 2002. An act to provide for setting out the practical regime of right to information for citizens to secure information under control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a central information commission and state information commissions and for matters connected therewith or incidental thereto.
It provides that where the information sought for concerns the life or liberty of a person, the same shall be provided within fortyeight hours of the receipt of the request. Important sections under right to information act 2005 south east. What is the time limit at cio for handling requests under section 71. Rti act, within 48 hours if it concerns life or liberty of a person. What is the fee for the bpl applicant for seeking information. When the request relates to the life and personal liberty of a citizen the information officer shall provide a response to the request within 48 hours. A broad interpretation of life and liberty would result in a substantial diversion of manpower and resources. Rti first appeal format in english for central public authority sanjeet kumar you can submit first appeal before first appellate authority under section 191, if you are an applicant, and under 192, if you are a third party, of the rti act. Which of the following is not come under the definition of information under rti act 2005. Good governance may be termed as a synonym for the work carried out by a government where the maximum benefit is given. Format of application for seeking information under the. Solved examples with detailed answer description, explanation are given and it would be easy to understand. Under the right to information act 2005 hereinafter act. If you continue browsing the site, you agree to the use of cookies on this website.
Guidelines for public authority right to information wiki. Whether rti requests coming under life and liberty under section 71 of rti act 2005, classified separately under cause list of each ic. Type of information required a copy of documents yes no b inspection of records yes no c sample of material yes no d other information yes no 3. Article 21 of the constitution of india, 1950 provides that, no person shall be deprived of his life or personal liberty except according to procedure established by law. It is requested to provide the following information under the rti act, 2005. Frequently asked questions faqson rti as on janurary 2012. Thus, i have drafted the attached rti, please let me know if the same can be filed under the life and liberty clause, if yes, how to file the same and what corrections to be done in the attached draft, is there some extra charges for this, like we used to attach rs.
Oct 08, 20 thus, i have drafted the attached rti, please let me know if the same can be filed under the life and liberty clause, if yes, how to file the same and what corrections to be done in the attached draft, is there some extra charges for this, like we used to attach rs. Application seeking information under rti act, 2005. Analysing the right to information act in india salient features of the right to information act, 2005 guide for the information seekers under the right to information act, 2005 application form for seeking information under the right to information act, 2005 rbi provides best data for citizens under rti act for indian economy. Article 21 of the constitution guarantees the life and personal liberty to all persons. What is rti and what are the provisions under rti act 2005 in. Jan, 2017 basically as per rti act, the reply has to be provided by the pio to the applicant within 30 days of the rti application. Provided that where the information sought for concerns the life or liberty of a person. When is the pio obliged to reply in 48 hours under rti. Analysis of judgments of the central information commission.
Objective of the act is to establish the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a central information commission and state information. The government machinery is not designed in a way that responses to all rti applications can be given within fortyeight hours. Answered discuss salient features of rti act, 2005. Information as a term has been derived from the latin words formation and forma which means. If life and liberty is claimed, it should be specified. Proviso to section 71 of the right to information act, 2005 specifically related to life and liberty provision. It does not connote mere animal existence or continued drudgery through life. The clause of life or liberty can be invoked to obtain information within 48 hours of filing the rti application. Rti seeking information on life or liberty now possible. Nov, 2015 article 21 of the constitution of india, 1950 provides that, no person shall be deprived of his life or personal liberty except according to procedure established by law.
The preamble of the rti act sets out that the citizens shall have the right to secure access to the information under the control of the. Article 21 of the constitution of india right to life and. Apr 23, 2018 this can be referred under section 7 11 along with section 42 of the rti act 2005. Importance of right to information for good governance in india sahina mumtaz laskar abstract transparency and accountability in administration is the sine qua non of participatory democracy. Under the provisions of rti act, any citizen of india may request information from a public authority a body of government or instrumentality of state which is required to reply. Under the right to information act 2005, you can ask for information from any public. It extends to the whole of india except the state of jammu and kashmir. Rti act was passed on 15 june 2005 and came fully into force on 12 october 2005by.
Format of application for seeking information under the right. Normally, an applicant is not required to submit any proof of citizenship. Abstract the right to information act 2005 has been probably the most discussed law of the recent times. However, if the cpio has any doubt about the identity of the applicant he can seek for his proof of identification.
In normal course of time the information under rti act is provided within 30 days, but say for example if a patient is not getting good treatment in government run hospital or medicines meant for patients are not given to them. Non disclosure of information under rti act, 2005 bynikhil goel amity law school, amity university, noida. Information is the oxygen that any citizen needs to live in the social structure of the society and maintain its democratic balance. If the requisition concerns the life and liberty of a person talk to the appropriate people and. If information sought concerns the life or liberty of a person, it shall be supplied within 48 hours.
To ensure compliance under rti act, cpio may seek assistance from other. Rti act is 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, in. Democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold governments and their instrumentalities accountable to the governed, says the preamble of the indian right to information rti act, 2005. Iitrmsrti for official use to the public information officer asstt. Rti fee and the mode of payment may vary as under section 27 and section 28, of the rti act, 2005 the appropriate government and the competent authority, respectively, by notification in the official gazette, make rules to carry out the provisions of this act. Applicability of the provision of life and liberty under rti.
In normal course, information to an applicant is to be supplied within 30 days from the receipt of application by the public authority. An rti application can be filed by any citizen of india. The public information officer pio is bound to furnish information sought under the right to information rti act, within 48 hours if it concerns life or liberty of a person. It guarantees the right of persons to life with human dignity. Supply of information if the application is received through capio 05 days shall be added to the time period indicated at sr. To, the central state public information officer or assistant public information officer name of the office along with the address sirmadam, sub.
The ambitious charter of this central legislation, as spelt out in the preamble, is to provide an effective framework for effectuating the right to information recognized under article 19. Right to information was like a rain on desert as an educative measures an act 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 in order to promote transparency and accountability in the working of every public authority, the constitution. The basic object of the rti act is to empower the citizens, promote. Basically as per rti act, the reply has to be provided by the pio to the applicant within 30 days of the rti application. Life in article 21 of the constitution is not merely the physical act of breathing. Therein are included, all the aspects of life which go to make a persons life meaningful, complete and worth living. The information can be furnished within 30 days as prescribed under section 6 1 the information sought for concerns my life and liberty, therefore the information may be furnished to me within 48 hours please delete the inapplicable portion. The public information officer pio, who is denying information under section 81h of the right to information rti act, must show satisfactory reasons as to why disclosure of such information would impede the process of investigation or apprehension or prosecution of offenders. Bodiesorganization that can be asked for information under rti.
This paper will help in clearing the concept of section. In case the application is sent through the assistant public information officer or. Preamble an act 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, in order to promote transparency and accountability in the working of every public authority, the constitution of a central information commission and state information commissions and for matters connected therewith or. It is requested to provide the following information under the rti act. Right to information rti is an act of the parliament of india which sets out the rules and procedures regarding citizens right to information. This was one of the most important decisions given by shailesh gandhi, former central information commissioner cic. These conversations would be available to every citizen under the rti act because the only objection that one could raise would be on the ground of 8j of rti act which saysinformation which relates to personal information, the disclosure of which has no relationship to any public activity on interest.
I also state that i am a citizen of india and i am eligible to seek information under the right to information act 2005. Whether cpiofaa, who failed to identify section 71 requests are penalised. Section 3 of the right to information act provides as under. Right to privacy under article 21 and the related conflicts. This can be referred under section 7 11 along with section 42 of the rti act 2005. What is rti and what are the provisions under rti act 2005. Special case1 information pertaining to life and liberty of a person as per proviso to section 71 of the rti act, if information sought for concerns the life or liberty of a person, the pio shall provide information within 48 hours of the receipt of the request, rather than within 30 days. This is neither defined under rti act nor under any other act. Section 71 in the right to information act, 2005 1 subject to the proviso to sub.
This rti act became a pioneer tool to the citizens of india for promoting, protecting and defending their right to know. Right to information act, 2005 objective of the right to. I gazette extraordinary of the democratic socialist. Appropriate government means in relation to a public authority which is established, constituted, owned, controlled or substantially financed by funds provided. But, where the information sought for concerns the life or liberty of a person, the same shall be provided within fortyeight. If you are an indian citizen and wish to seek some information from a government body, you are eligible to be an rti applicant. The act provides for a modus operandi to acquire information from public authorities regarding the functioning of government. Under the right to information act2005 application id no. The life or liberty clause can be applied only in cases where there is an imminent danger to the life or liberty of a person and the nonsupply of the information may either lead to death or grievous injury to the. Nov, 2015 right to information act, 2005 has no doubt mitigated the level of corruption sweden was 1 st to adopt such legislation and as a result it ranked among top 5 countries with least corruption since last 10 years as it encourages more transparency and accountability from governmental organizations and agencies but also gave a legitimate effect. Life and liberty issues and time taken by the cic in concluding such disputes ritesh kumar introduction before discussing the orders of central information commission cic it is necessary to first understand the aim or objective of right to. Till now, if a petitioner wanted to file an rti under section 7 i of the rti act, 2005pertaining to providing information related to life or liberty of a person within 48 hours of the receipt of the request heshe had to personally approach the particular department as the facility was not available online. Download the rti act 2005 for various states and union territory.
509 1465 781 899 1484 1100 1296 628 1462 766 1157 856 462 78 638 626 1472 1424 1241 602 630 473 618 1374 613 293 1429 244 763 570 1538 1120 1645 990 919 99 903 86 80 712