Page 78 - DCOM404_CORPORATE_LEGAL_FRAMEWORK

Unit 4: Information Technology Act, 2000

4.1 Right to Information Act Notes

Right to information is a part of fundamental rights under Article 19 (1) of the Constitution.
Article 19 (1) says that every citizen has freedom of speech and expression. As early as in 1976,
the Supreme Court said that people can not speak or express themselves unless they know. India
is a democracy and people are the masters. Therefore the masters have the rights to know how
the Govts., meant to serve them, are functioning.
In Indian democratic system, the right of every citizen to know information is no doubt a

revolutionary step. Since long the officials in the name of administrative secrecy hesitated to
disclose information and there by kept in darkness to general public about important decision
of Govt. & other administrative bodies. This has widened the path of corruption in manifold.
The main aim of this act is to eradicate the existing practice of concealing facts & events and
to empower every citizen to exercise their legal right in obtaining information under RTI Act,
2005.

The ideal objectives of the RTI Act are to promote transparency and accountability in the working
of public authority and to set up a practical regime for giving citizens access to information under
the control of public authorities.

RTI Act, 2005 was implemented in our country on 15th June, 2005 and became operational on
12.10.2005. The act extends to the whole of India except the State of Jammu and Kashmir.

4.1.1 What Rights are available under RTI Act, 2005?

Right to Information Act, 2005 empowers every citizen to:
1. Ask any questions from the Government or seek any information.

2. Take copies of any Govt. documents.
3. Inspect any Govt. documents.
4. Inspect any Govt. works.
5. Take samples of materials of any Govt. work.

Coverage of the Act: The RTI Act covers all level of Govt. – Center, State, District and Local self
Governing Bodies like Panchyat and Municipal bodies. It also covers NGOs – that are fi nanced
substantially with public funds provided by Govt. Every citizen of India are empowered to
seek information from public authority. Information must be shared for the interest of public
as the purpose of this Act is to evolve an interface between public authority and citizen. Since
the Act imposes liability on public authority, it should not be misinterpreted rather it makes
the administration more responsive and removes sloth. Maximum possible information must be
disclosed voluntarily. For this openness and change of attitude is required.

4.1.2 Salient Features of Right to Information Act

Salient features of Right to Information Act are:
1. A citizen has a right to seek information from a Public Authority which is held by the
Public Authority or which is held under its control.
2. The right to seek information from a Public authority is not absolute. Sections 8 and 9
enumerate the categories of information which are exempt from disclosure.
3. Public authorities to designate Public Information Authorities and Assistant Public

Information Officers within 100 days of the enactment.

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