If knowledge is power, correct information is an oxygen that sustains it. information can be in any tangible or intangible form that provides knowledge or data. Sources of information can be categorized into human – emanating from experts and researchers, institutional- from organisations and institutions, documentary-from physical or electronic data and mass media- radio or television.
Data is a valuable asset that guides citizens , governments, researchers ,innovators ,businesses and others to make informed decisions, improve lives, formulate effective and implementable regulations, improve processes, strategize action plans to meet goals, access resources optimally, evaluate performance, fix bench marks and so on.
Flow of information/data is not so easy, particularly when it is related to government agencies. It is a general experience that in spite of repeated requests and reminders, in majority of cases ,no responses come forth from them. Status quo is maintained and defended. Perhaps fixed salaries, promotions based on seniority and no performance linked incentives are partly responsible for ensuring minimal activity at the same cost. Decision making mechanism is slow because the process is unwieldy long. Resultant effect is increased litigation and increase in pendency of cases in courts, which further overburdens the litigants economically and reduces productivity. Government, by and large is the biggest litigant in India, may be because costs are borne by tax payers and there is no impact on individual pockets. Psychologically, this litigation process may also lead to hesitancy to respond to even genuine requests.
Appreciating the situation, Government enacted Right to information ACT 2005 under article 19 (1) of the Indian constitution, at the behest of supreme court ruling to this effect. To ensure flow of information smoothly to Citizens, provision of penalty was also included under section 20 (1)of the Act, imposable on Public Information officers, in the event of :-
- Refusal to receive an application
- Not having furnished the requested information within 30 days of receiving the application
- Malafidely denied the request for information
- Knowingly given incorrect, incomplete or misleading information
- Destroyed information which was the subject of the request
- Obstructed in any manner, in furnishing the information
The amount of penalty is Rs. 250.00 per day, till the information is furnished, subject to a maximum of Rs. 25,000.00. The penalty has to be paid by the Public information officer from his salary and not by the Public Authority. The Central information commission or the State information commission gives PIO a reasonable opportunity to be heard before the penalty is imposed. However, the burden of proving that he/she acted reasonably shall be on the PIO. Under Section 20(2) of the RTI Act, the CIC or the SIC can also recommend disciplinary action as per the service rules applicable to the PIO.
All constitutional authorities, agencies, owned and controlled by government and those substantially financed by the government come under the purview of the Act. The Act also mandates public authorities of union government or state governments, to provide timely response to the citizens’ request for information. The citizens can seek any information from the government authorities that the government can disclose to the parliament. Some information that can affect the sovereignty and the integrity of the country is exempted from the purview of RTI. Information relating to internal security, relations with foreign countries, intellectual property rights, cabinet discussions are also exempted from RTI.
Some Salient points :
Eligibility under RTI Act : Any Indian citizen without any minimum and maximum age limit can submit request for information.
Information under RTI ACT means : 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 under RTI ACT means : Any document, manuscript and file, any microfilm, microfiche and facsimile copy of a document, any reproduction of image or images embodied in such microfilm (whether enlarged or not) and any other material produced by a computer or any other device
Public authority ( PA ) means : Any institution, body, or authority that Is established by the Constitution, established by any law made by the Parliament or State Legislature, established by a notification or order issued by the Central Government or State Government
Public Information Officer ( PIO ) means : A government official responsible for receiving and managing requests for information. PIOS are responsible for providing information to RTI applicants and are designated by Public Authorities.
Time Line for Reply : 30 days from the date of receipt of receipt of application by PIO
Filing of RTI application : It can be done on line for central govt related matters on RTI portal https://rtionline.gov.in. Given format of application is to be filled up. Name of Public authority is to be filled up from the dropdown menu followed by personal information and the description of information sought in 500 characters or supporting document can be attached to describe it. Fee of Rs 10 is to be paid on line. For people below poverty line nothing is to be paid. Application goes to Nodal officer, and RTI request registration number is generated for future reference and status tracking. Nodal officer forwards it to the concerned PIO for action within few hours. Where an application is made to a public authority requesting for information which is held by another public authority or the subject matter of which is more closely connected with the functions of another public authority, CPIOs have direction to not to return the requests to RTI cell. Instead they have to forward such applications directly to other related public authorities under their covering letter with a copy to the applicant, giving the details of concerned PIO. This exercise can be carried out on line, provided the other PIOs are aligned to the portal. If not , communications are sent through speed post to all concerned. Decision letter/ reply received from CPIO contains the name of first appellate authority to whom applicant can approach at no extra fee, for first appeal ,if needed, in the event of :-
- If Public Information Officer (PIO) has rejected the application to supply the sought information. First appeal has to be filed within 30 days from date of receipt of decision of CPIO by the applicant with First Appellate Authority (FAA).
- If the applicant is not satisfied with the reply received and believes that the information provided is doubtful or not factual provision of first appeal can be invoked
- If Public Authority is unable to supply information within time limit of 30 days. If no reply is received within 30 days (35 days if application is lodged with ACPIO) from the date of receipt by CPIO (ACPIO), then first appeal has to be filed within 30 days from the date when reply was due from CPIO.
Likewise, there is a provision for 2nd appeal also as provided in the RTI regulations
Many States now have RTI portals that can be accessed for state specific information. But for national level information it makes sense to go through CPIOS. It is a common knowledge that State enforcement Rules are made and amended based on Central (General Rules) and its amendments from time to time. Central (General Rules), obviously cannot be made or bettered without updated consolidated national data based on periodical inputs from States.
Off line RTI Application : In case of public authorities not aligned to the central portal, applicants can resort to off line mode. Procedure to be adopted remains the same as in case of on-line mode. Only communications and documents are sent through speed post from either side. RTI request registration number is not communicated to the Applicant and tracking becomes difficult. To save the hassle of procuring postal order for fee amount from the post office, one can register on https://www.epostoffice.gov.in and obtain E- Postal order instantly. Print out of the same can be sent along with RTI application.
There is no doubt that our nation is very much on the path of development. There has been substantial improvement on SDG (Sustainable Development Goals). SDG is principal tool for measuring national and subnational progress. Significant improvement has been made in goals on eliminating poverty, economic growth, providing decent work, climate action and life on land. As per data released by Niti Aayog in July 2024,score is growing year after year. In 2018-19 it was 57, 2019-20 went up to 60, further up in 2020-21 to 66 and now in 2023-24 it is 71. Constitutional amendment Act 2022 bill has already been introduced in Rajya Sabha on 26th July 2024 to insert Article 21B in constitution, which deals with Right to (a) safe drinking water( b) Pollution free environment that is not harmful to one’s health or well being (c) protected environment for the benefit of present and future generations. 34 no. private member bills have been introduced in Lok Sabha on 9th August 2024.To name a few – Compulsory military training to students , ban on conducting entrance examination for professional courses, Quality education (enhancing through Internship Act 2024), MSME Development (Amendment) Act 2024 on lending rate & limit of collateral free loans and incentives to increase the inflow of equity capital.
As a Nation we are on the path of progression. Let us respect it and keep complacency at bay.
Vijay Bhat
