INTRODUCTION: September 28 is celebrated internationally as the right to know the day. Although India has won its battle of independence in 1947 by making democracy the weapon, unfortunately, the truth was something else. The power was given to politicians and Democrats, and not to ordinary men. In India, after a national campaign led by grassroots organizations and civil society, the Government approved a historic milestone in the Law of Information in 2005. This is a question of # a law "that foresees to establish the practical regime of the right to the information for the citizens". RTI requires a timely response to citizens' requests for government information. This is an initiative of the Department of Personnel and Training, Ministry of Personnel, Public Claims and Pensions to provide a portal of RTI Gateway to citizens for the quick search of information.
The idea that the Government retains information for the public has become obsolete. During the last decade, many countries have enacted legislation on freedom of information. In India, the Law of official secrets of 1923 was enacted to protect official secrets. The new law intends to disclose information that replaces the "culture of secrecy". It will promote the accountability of the public that will reduce unjustified practices, mismanagement, abuse of discretion and bribe, etc.
OBJECTIVES: The objective of RTI is to promote citizenship, promote transparency and accountability in the functioning of the Government. The Law is a great step to inform citizens about the Government's activities. Social activist Aruna Roy has described the RTI of India as "the most fundamental law in this country".
EFFECT OF INFORMATION LAW: While the debate on corruption in the country is happening, the RTI Act is rapidly growing as an effective tool against corruption.
The Jan Lok Pal Bill obtained a great public support with citizens who left in the streets of Delhi, Bangalore and other cities to express their anger for the corruption. When RTI has been used by journalists and the media, the law has a broad user base. The right before freedom of expression and expression is granted under Article 19 (1) of the Constitution, but requires a fair and efficient procedure to make freedom of information work. During the first three years, 2 million applications of RTI were presented. The first and best known movement was for Mazdoor Kissan Shakti Sangathan (MKSS) in Rajasthan for access to the village accounts. Case studies and media reports show that RTI is used to correct individual complaints, access rights such as Ration Cards and pensions. The RTI has opened the way for informed citizens to strengthen the democratic government of India. With this law, we can use our right to expressions and expressions and to control the activities of the Government effectively. The idea of open government is becoming a reality with the implementation of the RTI Law. The RTI can only be called success if the bureaucracy accepts what it should serve for its constitution.
RTI PROVISIONS: section 3 says that all citizens have the right to information. The law imposes on the public authorities the duty to disclose all the information. In V.S.Lee V. State of Kerala … the remedy provided by Parliament is that where there is substantial financial support, the people have the right to know or inform. Section 4 (2) states that all public authorities must take constant measures to provide information to their public. Therefore, the authorities must provide information on a voluntary basis so that the public has the minimum resource to use this law. Public authorities must also disseminate (publicize, or communicate the information to the public through bulletin boards, newspapers, public announcements, broadcast media, the Internet and inspection of public authority offices) in a broad way accessible to the public. The information can be obtained by request in writing or by electronic means in English or Hindi or in the official language of the U / S zone 6. Here, the person must give fees and, if it can not be requested in writing, the The PIO and PIO center of the State must provide all the assistance to make a request in writing. If the information has been supplied correctly or in time, it may be made possible by means of an appeal or complaint to the U / S Information Committee (8 (a) 1). To The General Registrar V. K.U. Rajasekar, it was considered that section 8 of the RTI is especially concerned with cases of disclosure or information exemption when this information adversely affects the sovereignty and security of India , etc. Designate as many officers as the central public information officers or public information officers of the State.
Section 6 allows the person to obtain information in English or in Hindi or in the official language of the area of designated agents. The person does not need to give any reason for the request. Section 7 requires that the request be removed within a period of 30 days, provided that the information requested refers to the life or freedom of a person, which must be provided within 48 hours. In section 7 (7) before making any decision to facilitate the information, the designated officer must take into account the representation made by the third U / S 11. Paragraph 7 (9) exempts the provision of information in case he deflects him
The resources of the public authority or prejudice the security and preservation of the registered registry. U / S 8, it is important to note that the Law specifies that the entities of intelligence and security are exempt from the application of the Law. However, it is anticipated that in case the information request corresponds to allegations of corruption and human rights violations, the Law will apply even to these institutions.
RIGHT TO INFORMATION AS A FUNDAMENTAL LAW: RTI is a fundamental right, as is apparent from Article 19 (1) (a) of the Constitution. It has been discussed by the Supreme Court in the number of cases, it has been read in article 14. (Right to equality), 19 (1) (a) freedom of expression and expression and article 21 (Right to the life) through cases such as Bennet Coleman V. Union of India, Tata Press Ltd. V. Maharashtra Telephone Nigam Ltd. Etc. The same articles were also interpreted in Kharak Singh V. State of UP, Govind V. State of MP ETC. Include a right to privacy within your reach.
A simple reading of section 11 suggests that for the section to apply the following three conditions it must be fulfilled (I) if the PIO is considering disclosing the information (ii) the information refers to the third party (iii) the third party has treated the information to be confidential, the third party that will be consulted and the shipment to it. Section 19 provides a system of two-tier resources: first appeal and a second appeal. Any person who is aggravated by the decision of the central PIO and the state PIO within 30 days may prefer the first appeal to the First Appellation Authority. This authority will be an officer that has a rank superior to the central PIO and the state PIO. A third party can also make a call. The second appeal is before the State or the Central Information Commission against the decision of the First Appellation Authority. Must be submitted within 90 days. According to section 7 (7), the decision of the Central or State Information Commission is final. Information curators must be eminent people in public life with a broad knowledge and experience in law, science and technology, social service, management, journalism, the media and governance. To Nirmal Singh Dhiman V. Income from the Financial Commissioner, Section 23 says that no court shall file any claim, request or any other procedure with respect to any order and no order will be convened, otherwise, an appeal. In the event that it was presented, the complainant was harmed against the non-contribution of information by the person responsible for public information.
CRITICISM: The law has been criticized for several reasons. Provides information on demand, but does not sufficiently highlight information on issues related to food, water, the environment and other survival needs. It does not emphasize the active intervention in the education of people about their access rights to information. Another thing is to allow the exemption of file notifications, except those related to social and development projects. File notifications are very important when it comes to the development of government policies.
CONCLUSION: In enacting the RTI, India has gone through an arbitrary and opaque government system at the beginning of a time where there will be greater transparency and a system in which the Citizen is enabled. The true Swaraj will not come by the acquisition of an authority for a few, but by the acquisition of the ability of all to resist the authority when it is abused.
"KNOWLEDGE IS POWER, INFORMATION IS POTENTIAL, THE SECRETATION OF THE INFORMATION MAY BE AN ACT OF CAMUFLATED STRIPE AS HUMILITY."