IAS Gyan

Daily News Analysis

RIGHT TO INFORMATION (RTI)

30th December, 2022 Polity and Governance

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In News

  • The Satark Nagrik Sangathan has released a report card on the performance of State Information Commissions (SICs) in India for 2021-­22.

Key Points of the Report

  • The State Information Commission of Tamil Nadu has delivered only 14% of the information desired under the Right to Information (RTI) Act. The state has ranked as the worst-performing state under the RTI Act.
    • Maharashtra was the second worst-performing state, sharing only 23% of the information asked under the RTI Act.
  • The report highlighted that a large number of State Information Commissions (SICs) across the country were returning cases without passing orders.

Right to Information (RTI) Act, 2005

  • The Right to Information Act requires timely responses to citizen requests for Public authority.
    • There is no defined format of application for pursuing information.
    • The information seeker is not required to provide reasons for asking for information.
  • The main objective is to empower the citizens, promote transparency and accountability in the working of the Government, curb corruption, etc.
  • Under the act, Information is any material in any form.
    • It includes records, documents, memos, e-mails, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, and data.
  • A “Public authority” means any authority or body or institution of self-government established or constituted;
    • by or under the Indian Constitution.
    • by any other law made by the Indian Parliament.
    • by any other law made by State Legislature.
    • by notification issued or order made by the Government, and includes any body owned, controlled or substantially financed.
  • Public Authorities publish the rules, regulations, instructions, manuals and records.
    • He publishes facilities available to citizens for obtaining information.
    • He provides reasons for its administrative or quasi-judicial decisions to affected persons.
  • Types of information exempted from RTI
    • Which would affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, and affect the relation with foreign States.
    • Which may constitute contempt of court.
    • Anything under the Official Secrets Act, of 1923.
    • Intelligence and security organisations are specified in the 2nd Schedule.

Central Information Commission

  • It is the statutory body constituted under the Right to Information (RTI) Act, 2005.
  • They are the final appellate authority for RTI Act.
  • Central Information Commission consists of a Chief Information Commissioner and not more than 10 Information Commissioners (IC). They are appointed by the President on the recommendation of a committee consisting of;
    • The Prime Minister.
    • The Leader of the Opposition in the Lok Sabha.
    • A Union Cabinet Minister nominated by the PM.
  • The members of the Central Information Commission shall not be Members of Parliament or Members of the Legislature of any State or Union Territory as the case may be, or hold any other office of profit or connected with any political party or carry on any business or pursue any profession.
  • They are not eligible for reappointment.
  • The tenure, salary and allowances of the information commissioners are not fixed.
    • RTI Amendment Act, 2019 has empowered the Central Government to notify them.
  • They are required to submit annual reports to the Parliament through the Ministry of Personnel and Training.

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