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RTI 2

Llb 3 years (Karnataka State Law University)

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Q1. Democracy thrives in transparency, but not in secrecy. Discuss. In Romesh Thappar v. State of Madras, the Supreme Court of India
June 2011 found the freedom of discussion to be included in Article 19(1)(a) of
Synopsis the Constitution and the freedom of press to be an aspect of the
Introduction freedom of discussion.... the fundamental principle ... .is the people's
Discussion right to know'.
Case Laws In the cases of Sakal Papers (P) Ltd. v. B.N. Sarpotdar, Bennett Coleman
Conclusion & Co. and Indian Express Newspapers (Bombay) P. Ltd. v. Union of
Introduction India, the view first expressed in the Romesh Thappar
Right to Information - Basic Human Right judgment has been echoed and amplified. Be it the case of a magazine
In a Democracy, Government is of the people, by the people and for the being banned in a locality or in quality newsprint being made more
people. As per the Constitution of India we have adopted democratic difficult to obtain or in Government advertisements being released in
form of Government. more favoured publications, the courts have discerned in several
Democracy Before executive actions an attempt to stifle the press; and unmuzzled the
Democracy consisted in people, merely exercising their franchise once right of expression on the touchstone of the larger societal interest to
in five years to choose their rulers and, once the vote is cast, retiring in inform and to be kept informed.
passivity and not taking any interest in the Government.
Democracy Now 1.Discuss the Historical development of the right to information Act
Democracy now, has a more positive content and its orchestration has 2005 in
to be continuous and pervasive. India.
True Democracy Introduction:
In a true Democracy, people should not only cast votes rationally and • The Right to Information Act, simply known as RTI, is a revolutionary
intelligently but should also exercise sound judgment on the conduct of act that aims to promote transparency in government institutions in
the Government and the merits of public policies so that it becomes a India.
continuous process of governance - an attitude and habit of mind. • The Right to Information Act came into existence in 2005, after
Open Government sustained efforts of anti-corruption activists.
This important role of the people can be fulfilled only if it is an open • Factors like Corruption and scandals, international pressure and
Government, where there is full access to information with regard to activism, Modernization and the information society were
the functioning of the Government. responsible for the enactment of the Right to Information Act in 2005.
The citizens are entitled to accountability by the Government. For this, • Important dates:
the people should have information about the functioning of Enactment of Legislation: RTI Act has been made by the legislation
Government. of Parliament of India on 15 June 2005.
It is only if people know how Government is functioning that they can Came into force: on 12 October 2005 and has been implemented ever
fulfil the role which democracy assigns to them and make democracy a since to provide information to crores of Indian citizens.
really effective participatory democracy. The Right to Information Act – Historical Background
Freedom of expression/ discussion • Adoption of Universal Declaration of Human Rights 1948: It
Freedom of expression has four broad social purposes to serve: provided everyone the right to seek, receive, information and ideas
(i) It helps an individual to attain self-fulfilment; through any media and regardless of frontiers. This gave more
(ii) It assists in the discovery of truth; authenticity to the demand for the Right to Information in India.
(iii) It strengthens the capacity of an individual in participating in • International Covenant on Civil and Political rights 1966: It states
decision-making; and that everyone shall have the right to freedom of expression, the
(iv) It provides a mechanism by which it would be possible to establish freedom to seek and impart information and ideas of all kinds.
a reasonable balance between stability and social change. • Raj Narain vs the State of Uttar Pradesh case: the Supreme Court
A citizen has a fundamental right to use the best means of imparting ruled that the Right to information will be treated as a fundamental
and receiving information and as such to have an access to telecasting right under article 19 of the Constitution.
for the purpose. The Official Secrets Act, 1923: This law was the most important
Articles challenge in the history of RTI Act 2005 in India because it prohibited
The right to impart and receive information is a species of the right of all public servants from disclosing any information to the public.
freedom of speech and expression guaranteed by Article 19(1)(a) of the Section 123 of the Indian evidence Act 1872: No one shall be
Constitution. Right of information, thus, indisputably is fundamental permitted to give any evidence derived from unpublished official
right," a basic human right. records relating to any affairs of State, except wit the permission of the
Article 19(2) places certain reasonable restrictions upon this freedom officer at the head of the department concerned, who shall give or
in the interest of certain human and professional values. withhold such permission as he thinks fit.
Case Laws Oath by the Public Servant: Before joining duty, public servant swears
The purpose of the press is to advance the public interest by publishing that the information is a state secret.
facts and opinions without which a democratic electorate cannot make Rule 11 of The Central Civil Services (Conduct) Rules, 1964: No
responsible judgments. - Indian Express Newspapers (Bombay) (P) Ltd. Employee of the Secretariat shall, except in accordance with any
v. Union of India, AIR 1986. general or special order of the Secretariat or in the performance in
good faith of the duties.

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Rule 9 of The All India Services (Conduct) Rules, 1968: No Information Officer due to either the officer not having been
member of the Service shall except in accordance with any appointed, or the respective officer refused to entertain the
general or special order of the Government or in the performance application under the Right to Information Act (RTI Act). The Central
in good faith of duties. Information Commission is not a constitutional body.
Archives Policy Resolution of 22 December 1972: States that all The CIC was constituted with effect from 12th October 2005 under the
documents are classified for 30 years and thereafter only non- RTI Act 2005. Its jurisdiction extends to all central public authorities.
confidential material is available to a restricted range of people. Central Information Commission Composition
Even unclassified material cannot be communicated to anyone Members in CIC – The CIC is headed by the Chief Information
outside the government without permission. Commissioner and not more than ten Information Commissioners are
History of RTI Act 2005 in India: Evolution there for the assistance of CIC. The Chief Information Commissioner
From time to time, there have been many moves by government holds office for five years.
as well as private institutions to bring right to information to the Appointment of the commissioner in CIC – The commissioners are
citizen. I have listed below various important events in the evolution of appointed by the President on the recommendation of a committee
the RTI Act, 2005 that made history of RTI Act 2005 in India. consisting of the Prime Minister as Chairperson, the Leader of
Opposition in the Lok Sabha, and a Union Cabinet Minister nominated
Q2.Explain the Right to Information under Indian Constitution. by the Prime Minister.
Introduction: Tenure of Office: The Chief Information Commissioner and an
Right to Information is like a protective shield of any democratic Information Commissioner shall hold office for such term as prescribed
government. This right is necessary for the smooth functioning of the by the Central Government or until they attain the age of 65 years,
democratic machinery. whichever is earlier. They are not eligible for reappointment.
Right to Information is an inseparable part of the freedom of speech Powers and Function of the Central Information Commission
and expression codified in Article 19(1) (A) of the constitution, which is 1. Order enquiry into any matter on reasonable grounds only (suo-
understood to be the first requisite of liberty. moto power).
It reserves a valuable position in the stepping stones of liberties 2. Secure compliance of its decisions from any public authority.
providing security and stability to other liberties. The expression 3. Receive and inquire into a complaint from any person:
"freedom of speech and o Who has not received any response to his request for information
expression" in Article 19(1) (a) has been taken to append the right to within a specified time
gather information and distribute or publish the same. Propagation o Who deems the information given to him/her incomplete, false or
and acceptance of information are the two sides of the same coin. misleading, and any other matter related to securing the information
Right To Information And Constitution: o Who has been unable to submit a request for information due to
Part III of the Indian constitution deals with basic and inalienable rights the non-appointment of an officer
termed as Fundamental Rights. These rights include the right to equal o Who considers the fees so charged unreasonable
protection of the laws and the right to equality before the law, the 4. The commission has the power to examine any record under the
right to freedom of speech and expression and the right to life and control of the public authority. All such records have to be given to the
personal liberty. Commission during the examination and nothing shall be withheld.
Article 19 (1) (a) guarantees the fundamental right to free speech and 6. The CIC also submits an annual report to the GOI on the
expression, which includes right to access information. implementation of the provisions of the Act. This report is then placed
1. State of U.P. vs Raj Narain case (1975) 4 SCC 428 (landmark case) before both the Houses of Parliament.
It was held that In a government of responsibility like ours, where all
the agents of public must be responsible for their conduct, there can
be but few, secrets. The people of this country have a right to know
every public act, everything that is done in a public way, by their public,
functionaries. They all entitled to know the particulars of every public
transaction in all its bearing.
Apart from these leading cases there are many cases where a person's
right to know and right to information have been upheld. The purpose
of discussing all these is to show that we already have right to
information as guaranteed by Article 19(1) (a) of the Constitution of
India. Moreover, as an extended part of the freedom of speech and
expression, the right to know and to be known is our Fundamental
right.

Q3.Explain the constitution, powers and functions of CIC ( central

information commission).
Introduction:
The Chief Information Commission (CIC) is the authorized body in India
to act upon complaints received from individuals who have been
unable to submit requests of information to a Central or State Public

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Q4.Explain the salient features of public records Act, 1993. State the Objectives:
central Govt powers to make rules under it. The original intent was to protect the British Empire from the
1) This Act may be called the Public Records Act, 1993. clandestine acts of its enemies. Now the act is being used to silence
(2) It shall come into force on such date1 as the Central Government citizens who ask too many questions.
may, by notification in the Official Gazette, appoint In this Act, unless As it is still present in the statute book, it finds its way into the hands of
the context otherwise requires,-- every government regardless of the political party9s at the helm, thus
(a) "Board" means the Archival Advisory Board constituted under sub- enforcing the parent-child relationship between the state and its
section (1) of section 13; subjects.
(b) "Director General" means the Director General of Archives 1. The idea that every government getting to keep certain information
appointed by the Central Government and includes any officer away from the public domain in the name of national security finds a
authorised by that Government to perform the duties of the Director contradiction in the very idea of democracy where a true democracy
General; stands to work for the people.
(c) "head of the Archives" means a person holding the charge of the 2. The law also finds itself in the crossroads of Article 19 (1) which gives
Archives of the Union territory Administration; every citizen the fundamental right of freedom of speech and
(d) "prescribed" means prescribed by rules made under this Act; expression.
(e) "public records" includes 3. The act does clarify what documents or information can be deemed
Powers & Functions. ( Section 3) “secret”, thus the Act can be misused with government authorities
(1) The Central Government shall have the power to coordinate, branding information or documents as official secrets as they see fit.
regulate and supervise the operations connected with the Legal Position
administration, management, preservation, selection, disposal and ▪ Whenever there is a conflict between the two laws, the provisions
retirement of public records under this Act. of the RTI Act override those of the OSA.
(a) supervision, management and control of the Archives. ▪ Section 22 of the RTI Act states that its provisions will have effect
(b) acceptance for deposit of public records of permanent nature after Not with standing anything that is inconsistent with them in the OSA.
such period as may be prescribed; ▪ Similarly, under Section 8(2) of the RTI Act, a public authority may
(c) custody, use and withdrawal of public records; allow access to information covered under the OSA, <if the public
(d) arrangement, preservation and exhibition of public records; interest in disclosure outweighs the harm to the protected interests.
Records Officer: Issues with OSA
1) Every records creating agency shall nominate one of its officers as ▪ Colonial Legacy
records officer to discharge the functions under this Act. o The OSA was enacted in 1923 by the British to keep certain kinds of
(2) Every records creating agency may set up such number of record information confidential, including, but not always limited to,
rooms in such places as it deems fit and shall place each record room information involving the affairs of state, diplomacy, national security,
under the charge of a records officer. espionage, and other state secrets.
Responsibilities of records officer. ( Section 6) ▪ Vague Terms
(1) The records officer shall be responsible for-- o The OSA has provisions that are too broad and vague, often leaving
(a) proper arrangement, maintenance and preservation of public room for arbitrariness.
records under his charge; • For instance, under Section 2(8)(d) of the Act defining a prohibited
(b) periodical review of all public records and weeding out public place, any railway, road, way or channel or other means of
records of ephemeral value; communication by land or water& can be notified by the Central
(c) appraisal of public records which are more than twenty-five years government as a 8prohibited place.
old in consultation with the National Archives of India or, as the case o Section 3 provides for a penalty for spying to be imposed on anyone
may be, the Archives of the Union territory with a view to retaining who is even found in the vicinity of a prohibited place.
public records of permanent value; ▪ Against the Constitutional Values
(d) destruction of public records in such manner and subject to such o OSA is against the constitutive logic of a democratic republic, where
conditions as may be prescribed under sub-section (1) of section 8; the state is supposed to be transparent to its citizens.
(e) compilation of a schedule of retention for public records in Reforms within OSA
consultation with the National Archives of India or, as the case may be, ▪ Second administrative reforms commission submitted the report
the Archives of the Union territory. Right to Information: Master Key to Good Governance, which said
(2) The records officer shall act under the direction of the Director that The Official Secrets Act, 1923 should be repealed.
General or, as the case may be, head of the Archives while discharging
the responsibilities specified in sub-section (1).

Q5.Explain the objectives of official secrets Act, 1923. How are these
provisions relevant in Right to information Act, 2005.
Introduction:
The Official Secrets Act of 1923 is India9s anti-espionage. It states that
actions which involve helping an enemy state against India are strongly
condemned. It also states that one cannot approach, inspect, or even
pass over a prohibited government site or area.

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Q6.Explain the procedure for appeals under Right to information Act, Q7.Discuss the international conventions on Right to information.
2005. Introduction:
Introduction As of 2021, 124 countries have laws and 8 countries have national
We can file an appeal under the Right to Information Act whenever the decrees or regulations granting individuals a general right to access
PIO fails to respond to your application or when you are aggrieved by information held by public bodies, and imposing an obligation on
the response of the PIO. What this means is that whenever the PIO fails public bodies to provide that information and proactively disclose key
to give you a reply or charges unreasonable fees for giving copies of types of information.
documents or fails to give a satisfactory reply or does not give a reply Access to information is also a key tool in combating corruption and
within the stipulated time frame etc., wrongdoing. Investigative journalists and watchdog civil society
First Appeal organisations can use the right to access information to expose
When can the appeal be made? wrongdoing and help root it out.
We can make an appeal to the Appellate Authority if: The Right of Access: International Standards
1. You are aggrieved by the decision made; Most international human rights bodies have authoritatively
2. If no decision was made within the proper time limits; recognised the fundamental and legal nature of the right to freedom of
3. You are a third party consulted during the application process, and information, as well as the need for effective legislation to secure
you are unhappy with the decision made by the PIO. respect for that right in practice.
What is the time frame for making the First Appeal? This includes the UN, the Organisation of American States, the Council
The Applicants who are aggrieved by a decision of a PIO can make an of Europe, and the African Union.
appeal to a departmental Appellate Authority within 30 days of The United Nations
receiving the reply from the PIO or at the expiry of the time period The right of access to information is recognised under Article 19 of the
within which the information should have been provided by the PIO. Universal Declaration of Human Rights and Article 19 of the
Who can make the First Appeal: International Covenant on Civil and Political Rights (ICCPR) as an
Any person aggrieved by the order of the PIO can file the first appeal. element of freedom of expression. It is included as the right to seek
You can also request your friend or an RTI Activist or any other person and receive information.
to file a complaint on your behalf provided he has a copy of all the Organization of American States
relevant documents such as RTI Application, acknowledgment receipt, The OAS Special Rapporteur on Freedom of Expression has frequently
PIO reply, etc. The format of Authorization Letter enclosed. recognised that freedom of information is a fundamental right, which
How to file the First Appeal? includes the right to access information held by public bodies.
1. directly by handing documents over in person to the FAA The right to access to official information is one of the cornerstones of
2. send the set of appeal documents by speed post or RPAD to the FAA representative democracy. In a representative system of government,
of the relevant public authority the representatives should respond to the people who entrusted them
3. Additionally, you can also send the appeal to the APIO in the with their representation and the authority to make decisions on public
relevant public authority who then has a duty to forward it to the matters.
relevant Appellate Authority. The Principles unequivocally recognise the right to access
• Second Appeal information:
The Right to Information Act lays down provision for the second appeal 1. Every person has the right to access information about himself or
in cases when you are unhappy and dissatisfied with the decision herself or his/her assets expeditiously and not onerously, whether
given by the First Appellate Authority. it be contained in databases or public or private registries, and if
What is the time frame for making Second Appeal: necessary to update it, correct it and/or amend it.
A second appeal against a decision of an Appellate Authority to the Council of Europe
Information Commission must be made within 90 days from the date In 1981, the Committee of Ministers, the political decision-making
on which the decision should have been made or from the date a body of the Council of Europe (composed of Member States9 Ministers
decision was actually received. of Foreign Affairs)
Who can make the second appeal 1. Everyone within the jurisdiction of a member state shall have the
Any person aggrieved by the order of the PIO can file the second right to obtain, on request, information held by the public
appeal. You can also request your friend or an RTI Activist or any authorities other than legislative bodies and judicial authorities.
other person to file a complaint on your behalf provided he has a III. General principle on access to official documents
copy of all the relevant documents. Member states should guarantee the right of everyone to have access,
How to file the Second Appeal on request, to official documents held by public authorities. This
1. directly by handing them over in person principle should apply without discrimination on any ground, including
2. send them by speed post or RPAD to the respective Information national origin.
Commission of the state or Central Information Commission. African Union
3. Additionally, you can also send the appeal to the APIO in the In 2002, the African Commission on Human and Peoples9 Rights
relevant public authority who then has a duty to forward it to the adopteda Declaration of Principles on Freedom of Expression in Africa.
relevant Information Commission. The declaration was replaced in 2019 with a new declaration with a
view of expanding the guidance to States also on access to information
with the introduction of a specific section on the right of access to
information.

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S.N.Write a note on RTI and corruption. SN.Write a note on Archival advisory board.
Introduction: Aims and Objectives
RTI has had a positive impact on the working of these institutions To provide a professional forum :
especially the Public Distribution System and the education sector • to discuss archival problems and to disseminate knowledge of their
where the termite of corruption had been pervading. It has helped in approved solutions;
removing the opaqueness from these institutions and increasing the • to achieve uniformity in professional practices;
accountability of those who manage them. • to draw attention to the advantages and disadvantages of new
Corruption is a universal problem which is faced by people that leads techniques and developments;
to a lack of transparency, accountability, institutional machinery, • to co-ordinate activities of common interest among archives offices
information, etc. It is the misuse of power and money by government in the country;
and individuals for their personal profit for example by lobbying or • to consider and recommend measures to accelerate archival
diverting the funds in private sectors which are for public welfare. development in the country;
Corruption bribes the selfishness of the person by showing easy way to • to develop contacts and liaison with archival institutions in the
get success and luxurious life. Corruption is the problem that threatens Region as a whole;
transparency in the system of government like a weed in crops and • to solve problems by co-operative efforts at a professional level.
accountability of citizens but where the problem there is also a solution ROLE
that is RTI. The National Committee of Archivists will have purely advisory role. It
How it Impacts the Roots of Corruption? will take decisions and make recommendations by consensus and not
1. Accessibility: Before the enactment of RTI only parliament members by voting.
have the right to ask for any information to the government. It COMPOSITION
empowered the common people to seek for information to the The National Committee of Archivists will consist of:
government. RTI contains provisions that make it easy to access 1. Director of Archives, Government of India as Chairman & Convener.
information to information seekers. No Public Authority can deny on 2. A representative each of all State Governments/Union Territories, as
any ground except those which are prohibited under section 8 or ask follows:
the reason for which information seeker wants information under this (a) The senior-most professional archivist, who is not normally liable
act. for transfer, from States and Union Territories which have organized
Vishwas Bhamburkar v. PIO (Public Information Officer), Housing archives offices, OR
& Urban Development Corporation Ltd. (CIC, 2018)[1], It was taken (b) where there are no organized archives offices the Secretary of the
up by the Chief Information Commission (CIC), Munirka, New Delhi Regional Records Survey Committee, if it exists.
(CIC), the CIC was confronted with two centric issues under the Right to 1. Heads of Archives Offices of Union Territories placed under the
Information Act, 2005 are: National Archives of India.
Issues: 2. A Deputy Director of Archives/ Assistant Director of Archives,
1. Word Limit in RTI Application; and Government of India as Member-Secretary.
2. Denial of information on lack of producing identity proof by TENURE
Applicant. All appointments and reappointments shall be for a period of two years
Held: effective from the date of the first meeting and on the expiry of one
The CIC held that the impugned application was not contrary to any term the members concerned shall be eligible for re-appointment.
exception under the RTI Act. That the CPIO (Central Public Indian MEETINGS
Officer) in the case raised scruple about the applicant9s citizenship The Committee will meet normally once in a year.
without explaining any reason behind scrupling. There was no reason
that justifies his scruple.
That the CPIO failed to justify the denial of information, as he could not
refer any clause of exception under Section 8 (exemption from
disclosure of information) or Section 9 (Grounds for rejection to access
in certain cases).
3. Affordability: RTI made information more affordable to every citizen
of India whether he is poor or rich. Under this act, no public authority
can charge more than 50 RS. /- per application.
4. Less time consuming: Before this act, no general people can seek
and get information because no public authority bound to provide
information to every information seeker.
5. Transparency: Hiding the information related to the public
interest from the public that leads to corruption by disturbing the
transparency in government institutions.
6. Awareness leads to accountability: The RTI act is very helpful in
promoting awareness that encourages accountability of government.
It is a problem-solving tool that solves personal, social and community
problems.

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SN.Write a note on RTI and E- Governance. What is the Right To Information Act?
Introduction The Right to Information Act is also commonly known as RTI Act in the
The Indian Parliament enacted the Right to Information in 2005 to common discussions. It is an act that revolutionised the way
empower the citizens by promoting transparency and accountability in accountability was seen in India. It aims at promoting transparency in
the working of the Government. Right to information is part and parcel the functioning of government institutions in India. The Act was
of freedom of speech and expression guaranteed under Article 19(1) of introduced in 2005 to curb the corrupt practice which was on a rise.
the Constitution of India; unaccompanied by data, the Fundamental How does RTI help Common Man?
Right of freedom of speech and expression cannot be used entirely by The Knowledge of RTI Act is very beneficial to the functioning of the
the citizens. The Right to information gives the citizens in its true government. There are various ways in which the knowledge of RTI can
essence the right to participate in the governance of its country. come in handy. There are various benefits that come with the
RTI & E-governance knowledge of RTI and its uses. It will help in the better functioning of
The introduction of the Right to information is a direction towards society.
transforming India into a transparent society where citizens have a Conclusion
right to access the records of the Central Government and State Right to Information in India has emerged as the most powerful tool in
Government authorities. RTI and e-governance are connected in such a the hands of the common man. It provides the opportunity to seek
way that e-governance cannot be fully achieved unless RTI Act is accountability from the government. It helps strengthen Indian
implemented fully; neither will the RTI prove to be efficacious if there Democracy by curbing corrupt practises and giving back power to the
isn’t a full-fledged system of computerization of the administrative people.
work.
As defined by the World Bank, the term <e-governance= denotes the
use of information and communication technologies by government Q15.What are the features of Public record act, 1993. Explain the
agencies (such as Wide Area Networks, the Internet, and mobile powers of central government under the act.
computing) that can transform relations with citizens, businesses, and Refer Q.No.04.
other arms of Government. The Central Government shall have the power to coordinate, regulate
The Right to Information Act, 2005 has a progressive approach and and supervise the operations connected with the administration,
seeks the implementation of Information technology to store the data management, preservation, selection, disposal and retirement of
efficiently to disseminate information. public records under this Act. (2) The Central Government in relation to
the public records of the records creating agencies specified in sub-
Q.State the objectives of Right to information Act, 2005. Explain its clauses (i) and (ii) of clause (f) of section 2 and the Union territory
importance in democracy. Administration in relation to the public records of the records creating
Introduction; agencies specified in sub-clauses (iii) and (iv) of the said clause, may, by
The full form of RTI is the right to information, and it is a basic right order, authorise the Director General or the head of the Archives, as
guaranteed by the Indian constitution under Article 19.1. Each the case may be, subject to such conditions as may be specified in
individual does have the right to speak freely and express, according to the order, to carry out all or any of the following functions, namely:--
article 19.1. The Supreme Court decided in 1976 that persons cannot (a) supervision, management and control of the Archives.
communicate or articulate themselves until they know. (b) acceptance for deposit of public records of permanent nature after
Objectives of Right to Information Act 2005 such period as may be prescribed;
The RTI Act9s main vision is to empower the nation9s people. To (c) custody, use and withdrawal of public records;
accomplish this, the nation9s leader must seek to enhance openness (d) arrangement, preservation and exhibition of public records;
and accountability in government activity, eliminate corruption, and (e) preparation of inventories, indices, catalogues and other reference
enable democracy to truly operate in the residents9 favour. People media of public records;
who are better educated are more organised and ready to maintain a (f) survey and inspection of public records;
constant eye on the tools of administration and make the government (g) organising training programmes in various disciplines of Archives
more answerable to the public. administration and records management;
• To guarantee that individuals have access to information. (h) accepting records from any private source;
• To encourage information transparency. (i) regulating access to public records;
• To encourage administration transparency. (j) receiving records from defunct bodies and making arrangement for
• To avoid arbitrary administrative decisions. securing public records in the event of national emergency;
• To make sure that public governance is accountable. (k) providing authenticated copies of, or extracts from, public records;
• To keep corruption at bay. (l) destroying or disposal of public records;
• Well-informed citizens are critical to a democracy9s success. (m) obtaining on lease or purchasing or accepting as gift any document
• To make the govt and its agents answerable to the public they of historical or national importance.
govern. Make the govt more receptive, to put it another way.
The Government of India functions on the slogan Of the People, By the
People, For the People=. This is what the government stands for and is
supposed to abide by. But such is not the case as there are often cases
of non-transparency in the functioning.

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12.Discuss the main provisions of commission of Enquiry Act, 1952. Q14.Discuss the procedure and obligations of public authority to
Main provisions provide the information.
There are almost 12 provisions which are defined under the Obligations of public authorities: Section 4
Commission of Inquiry Act, 1952 but only some of the provisions are Section 4(1) lists the following obligations of public authorities:
main: 1. Maintenance of records: Every public authority is required to
Section 3 maintain all its records duly catalogued and indexed. In order to
This Section deals with the appointment of commission and says that facilitate access to its records, the public authority shall ensure that
an appropriate government by giving notification in the official gazette all the records that are appropriate for computerisation are
can appoint a commission of inquiry to look into the matters of public computerised and connected through a network across the country
importance within a specified period of time as given in the on various systems within a reasonable time frame and according to
notification. resource availability.
Section 4 2. Publication of certain matters: Every public authority is required to
Under this Section, powers of the commission has been defined which publish certain particulars within 120 days of the enactment of the
says that the commission has the power of a civil court under the Code Act, some of which are enumerated below:
of Civil Procedure, 1908 with respect to the following matters: • the particulars of its organisation, functions, and duties;
1. Asking and prosecuting the attendance of any person from any part • the powers and duties of its officers and employees;
of the country and examining him on the day of the oath. • the procedure followed in the decision-making process, including
2. Matters which requires any discovery or production of any channels of supervision and accountability;
document. • where any arrangement exists for public representation or public
3. Matters which are receiving matters on affidavits. consultation in matter of policy formulation or implementation of
4. Matters related to any requisitioning of public record or copy policy of public authority, the particulars of such arrangement;
thereof from any court or office. • Employee directory of such public authority
5. Issues related to the examination of witnesses and documents. • Monthly salary given to employees and officers
6. Or any other matter which may be prescribed. • Details of budget allocated to its agencies
Section 5 • Details regarding manner of execution of subsidy programmes
Additional powers of the commission have been described in this • Details regarding information held in electronic form
section which says: • Particulars of facilities available to citizens for obtaining information
1. The commission has the power to require any person or individual, • Names and designations of the Public Information Officers etc.
or subject to dispense information on such matters which in the 3. While formulating key policies or decisions that affect the public, a
opinion of the commission might be useful or relevant to the subject public authority must publish all the relevant facts regarding the
matter of inquiry. same.
3. Any offence under Section 175, Section 178, Section 179, Section 4. Every public authority shall provide reasons for its judicial or
180, or Section 228 of the Indian Penal Code and after the recording of administrative decisions to those affected by it.
any facts or the statement of the accused was taken the case should be Suo-moto furnishing of information: Section 4(2)
forwarded to the magistrate who has the jurisdiction to try the same. Section 4(2) provides for the obligation of the public authority to make
4. Any proceedings shall be deemed to be a judicial proceeding efforts for providing information suo moto to the public at regular
under Section 193 and Section 228 of the Indian Penal Code. intervals using various modes of communication.
Section 8 Dissemination of information: Section 4(3) and 4(4)
Section 8 deals with the procedure that needs to be followed by the Section 4(3) provides for wide dissemination of information in a
commission. Though the commission has the power to regulate or manner that is easily accessible to the public.
make its own procedures but still are bound by certain provisions: Section 4(4) provides that the dissemination of information has to be
1. The inquiry should not get interrupted by the reason for any vacancy done after considering the following factors:
in the commission or any sort of changes that occur in the 1. cost-effectiveness,
constitution of the commission. 2. local language of an area, and
3. The appropriate government, or any other person, with the 3. the most effective method of communication in a particular local
acknowledgement of the commission, whose evidence is being area.
recorded has the right Designation of Public Information Officers: Section 5
1. to cross-examine a witness other than a witness that has been • Section 5(1) provides for the designation of Central Public
produced by the commission before. Information Officers (CPIOs) and State Public Information Officers
2. Can address the commission, and (SPIOs) by every public authority within 100 days from the enactment
3. Also, it should be represented by a legal practitioner. of this Act. Such officers have a duty to provide information requested
under the Act.
• Section 5(2) provides for the designation of Central Assistant Public
Information Officer or a State Assistant Public Information Officer at
each sub-divisional level or other sub-district level.
Duty/Function of public information officers
• Section 5(3) provides for the following duties of CPIOs and SPIOs:
1. To deal with requests from the person seeking information, and

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2. To provide reasonable assistance to the person asking for Under Section 20(2) of the RTI Act, the CIC or the SIC can also
information. recommend disciplinary action as per the service rules applicable to
Request for obtaining information: Section 6 the PIO.
Manner of making a request for information The First Appellate Authority (FAA) or the Public Authority (PA) are not
Section 6(1) provides for the manner of making a request by a person subjected to any penalty clause under the RTI Act.
who desires to obtain any information under this Act. Though the Act states that the burden of proving that PIO acted
• Manner of making requests: In writing or through electronic means. reasonably and diligently shall be on the Public Information Officer.1)
• Language: English/Hindi/official language of the area in which the Therefore, it can be interpreted by the Information Commissioner that
application is being made. the PIO knowingly committed his actions of omission or commission,
• Any fee: Such application shall be accompanied by the prescribed and it is for the PIO to produce evidence that he did so unknowingly.
fee.
• To whom application is made: To the CPIO/SPIO of the concerned SN.Write a note on Supreme court and right to information.
public authority or to the Central Assistant Public Information Introduction:
Officer/State Assistant Public Information Officer. The Supreme Court of India and all the High Courts have certain rules
• Contents of application: Particulars of information sought by the for conducting their proceedings. Most of them have had a rule stating
applicant. that parties in a suit may get copies relating to their case. However,
When the request cannot be made in writing those who are not parties to the suit may obtain these if they give an
The proviso to Section 6(1) deals with a case where the applicant has affidavit stating their reasons for seeking this information. If the Court
made an oral request for information. was satisfied with the reasons for seeking information, it would
Applicant need not give his details provide it.
As per Section 6(2), a person seeking information under the Act need This violates the basic premise that all information in government
not disclose any reason for such request or his personal details except belongs to the citizens and they have a right to access it.
such information that might be required for contacting him. RTI has been accepted as a fundamental right of citizens under Article
When the information requested is held by another public authority, 19 (1)(a). This covers the right to free speech, right to publish and right
etc. to information. A citizen does not have to give reasons for exercising
Section 6(3) deals with the case where an application is made to a any of these, and some reasonable restrictions on all these can be
public authority requesting information that is held by another public imposed on these as laid down in Article 19 (2).
authority, or the subject matter of which is more closely related with This clearly means that the RTI Act will prevail over all laws and rules,
the functions of another public authority. including the Official Secrets Act, 1923 as far as providing information
Disposal of request: Section 7 in RTI is concerned.
Period within which information to be furnished The judgment of the apex court does not clearly identify how it has
Section 7(1) provides for expeditious disposal of the request for concluded that the Supreme Court and the High Courts rules are not
information by the CPIO/SPIO. The CPIO/SPIO shall within thirty days inconsistent with the RTI Act. Instead, the court has concluded that if
of receiving the request, either: any law or rule provides for providing information, it would be held to
1. Accept the request which means providing information after the fee be consistent with the RTI Act. This is clearly erroneous. The court
prescribed has been paid, or should have noted the following inconsistency of the court rules:
2. Reject the request for reasons as specified under Section 8 and 1. In the RTI Act, no locus is required, whereas the Court rules
Section 9. differentiate those with locus
Thus, a 30 day period is provided for responding to the request. 2. RTI clearly states that no reasons can be sought for seeking
information, while the court rules require filing an affidavit giving
Q16.Explain the procedure for appeal and penalties under right to reasons for those who are not a party
information act 2005. 3. The information may not be provided by the court if 8good cause9 is
Refer Q.No.06. not shown. In RTI information may be denied only if it falls in the
The penalty can be imposed, if the PIO has: exemptions in Section 8 or 9
1. Refused to receive an application 4. There is no appeal process to an independent Information
2. Not furnished the requested information within 30 days of receiving Commission in the Court rules.
the application This ruling could subvert the RTI Act very seriously. Various public
3. Malafidely denied the request for information authorities could make the RTI Act irrelevant by creating their own
4. Knowingly given incorrect, incomplete or misleading information rules for giving information. This ruling also violates a basic premise
5. Destroyed information which was the subject of the request that if there is more than one route for an activity, it is the citizen9s
6. Obstructed in any manner, in furnishing the information choice to choose the route.
The amount of penalty shall be Rs. 250.00 per day, till the information
is furnished or the application is received, subject to a maximum of Rs.
25,000.00. The penalty has to be paid by the PIO from his salary and
not by the Public Authority. The CIC or the SIC will give the PIO a
reasonable opportunity to be heard before the penalty is imposed.
However the burden of proving that he acted reasonably shall be on
the PIO.

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SN.Write a note on freedom of information Act, 2002. never be secured until and unless the citizens have right to
he Freedom of Information Act 2000 provides public access to information.
information held by public authorities. Article 14
It does this in two ways: This article guarantees right to equal protection of the laws and the
• public authorities are obliged to publish certain information about right to equality before the law, With reference to this Article, if
their activities; and government officials have information, it must be provided to other
• members of the public are entitled to request information from citizen also to assure equality among citizens.
public authorities. Article 19 (1) (a)
The Act covers any recorded information that is held by a public This provision guarantees the fundamental right to free speech and
authority in England, Wales and Northern Ireland, and by UK-wide expression, which includes within it the right to access information.
public authorities based in Scotland. Information held by Scottish The pre -requisite for enjoying this right is knowledge and information.
public authorities is covered by Scotland9s own Freedom of Article 21
Information (Scotland) Act 2002. This article talks about right to life and personal liberty, which includes
Public authorities include government departments, local authorities, the right to know about things that affect our lives. The expression
the NHS, state schools and police forces. ―life and personal liberty ―is a broad term, which includes within
Recorded information includes printed documents, computer files, itself variety of rights and attributes.
letters, emails, photographs, and sound or video recordings. Article 32
The Act does not give people access to their own personal data This article guarantees a right to constitutional remedies on the
(information about themselves) such as their health records or credit situation of a violation of the fundamental right of any citizen. Thus,
reference file. right to information must have been guaranteed to the citizens.
The main principle behind freedom of information legislation is that Article 39(1) (b) &(C)
people have a right to know about the activities of public authorities, This provides for adequate means of livelihood, equitable
unless there is a good reason for them not to. distribution of material resources of the community, to check
This means that: concentration of the wealth and means of production. All these
• everybody has a right to access official information. Disclosure of rights would be remained unfulfilled if right to information is not
information should be the default – in other words, information should guaranteed ahead of these rights.
be kept private only when there is a good reason and it is permitted by Article 51A
the Act; The constitution also imposes certain duties upon the citizens under
• an applicant (requester) does not need to give you a reason for Article 51A. A fully informed citizen is better equipped for the
wanting the information. On the contrary, you must justify refusing performance of these duties.
them information; Beside aforementioned articles, the other articles that give right to
• because you should treat all requesters equally, you should only information under Indian constitution are Articles 311(2) and 22(1).
disclose information under the Act if you would disclose it to anyone Article 311(2) provides for a govt.
else who asked. In other words, you should consider any information • S. P. Gupta v. Union of India
you release under the Act as if it were being released to the world at This case is popularly known as Judges Transfer case, Bhagwati, J. had
large. advised in the landmark case that it is essential for the people to have
This does not prevent you voluntarily giving information to certain as much information about governmental operations as possible.
people outside the provisions of the Act. Participation in government by the people is regarded, as an important
aspect of democracy and people cannot participate unless they have
19.Write a note on Constitution of India and RTI. information as to what is going on in the country.
Refer Q.No.02
20.Discuss the constitutional basis for the Right to information Act,
2005 with the help of decided cases.
Introduction:
Though there is no direct provision for RTI (Right to Information)
in the Constitution of India, there is strong constitutional basis of
RTI. Honorable Supreme Court of India has interpreted various articles
of constitution that Right to Information is inherent in constitution of
India. I have provided in this article various judicial interpretation that
shows inherent RTI in Indian Constitution.
Constitutional Basis of RTI : RTI in Indian Constitution
There is strong constitutional basis of RTI in India i.e. there is
inherent RTI in Indian Constitution. Let me provide you judicial
interpretation of various provisions of constitution.
Preamble
As the preamble describes, one of the significant objectives of
Indian Constitution is to secure liberty of thought and expressions to
the citizens of India. The liberty of thought and expressions can

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Q21.What is information and the right to information? Explain the Exercising of Rights
procedure in exercising the right to information under the right to Subject to the provisions offered under this Act, all the citizens of a
information act, 2005. country shall have the right to information.
Introduction: Right to Information
The right to information is a fundamental right under Article 19 (1) of As stated in Section 2(j) of the Right to Information Act of 2005, <right
the Indian Constitution. In 1976, in the Raj Narain vs the State of Uttar to information= means the right to information accessible under this
Pradesh case, the Supreme Court ruled that Right to information will Act which is held by or under the control of any public authority and
be treated as a fundamental right under article 19. The Supreme Court includes the right to:
held that in Indian democracy, people are the masters and they have 1. Inspect work documents and associated records.
the right to know about the working of the government. 2. Take notes, extractions, or certified copies of the documents or
Thus the government enacted the Right to Information act in records.
2005 which provides machinery for exercising this fundamental right. 3. Take certified samples of the material.
What type of information can be requested through RTI? Format of Application
The citizens can seek any information from the government authorities There no specific prescribed form of application for seeking
that the government can disclose to the parliament. information. An applicant may file their claim on a plain sheet of paper
Some information that can affect the sovereignty and the integrity of and giving details of the information required on the sheet. The
India is exempted from the purview of RTI. applicant must mention the address at which the data is needed to be
Information relating to internal security, relations with foreign sent.
countries, intellectual property rights (IPR), cabinet discussions are Method of seeking application
exempted from RTI. A citizen of India who desires to obtain any information under the Act
Objectives of the RTI Act should appeal to the Public Information Officer of the concerned public
1. Empower citizens to question the government. Authority in writing in English or Hindi or in the official language of the
2. The act promotes transparency and accountability in the working of area where the application is made.
the government. Right to Information Online
3. The act also helps in containing corruption in the government and The Department of Personnel and Training has launched a web portal
work for the people in a better way. namely RTI online which may be visited by using the link
4. The act envisages building better-informed citizens who would www.rtionline.gov.in for all the Central Ministries/ Departments. This is
keep necessary vigil about the functioning of the government a facility for the citizens of India to file RTI applications and first
machinery. appeals through the online facility to all Central Ministries/
Definition of Information Departments. The prescribed RTI fees can also be paid online.
As per the Right to Information Act of 2005, the word Information may
refer to any material in any form such as records, documents. Memos,
e-mails, opinions, pieces of advice, press releases, circulars, orders, SN.Write a note on Judiciary & Right to information.
logbooks, contracts, reports, papers, samples, models, data material Introduction:
held in any electronic form and also includes information related to any The judiciary is the protector and defender of our Constitution. It
private body which can be accessed by the public authority under any draws the boundaries of functioning public authorities. The primary
other law for the time being in force. purpose of the judiciary is to provide justice to every individual in the
Third Party Information country and to put a bar on increasing corruption. Rights are the
The Right to Information Act protects the right of a third party with interests recognised and secured by statute. The sanctity of the right is
regarding the information given by them to the public authority and is strengthened if accepted by a country’sconstitution.
treated as confidential. In a developing country like India, accessing information is a daunting
As per the Section 2(n), the third party about the Act means a person job to be done by a majority of less educated and illiterate people who
other than the citizen who has requested information. The definition of are ignorant of their rights. Red tapestry and bureaucratic supremacy
the third party includes a public authority other than the public hesitate greatly in empowering people.
administration to whom the request has been made. It was generally recognised as a requirement in the preamble to the
Disclosure of Third Party Information Act by way of commitment to establishing an educated citizenry, to
The disclosure of information that includes commercial confidence, eradicate corruption and to promote accountability and transparency
trade secrets or intellectual property that would harm the competitive in the operation of every public authority.
position of a third party is exempted from disclosure. Landmark cases
Public Authority Romesh Thappar v. State of Madras
The Right to Information Act defines a public authority as the following In Romesh Thappar v. State of Madras, the petitioner had challenged
in Section 2(h): an order issued under Section 9(1-A) of the Madras Maintenance of
A public authority is a body or an institution of self-government Public Order Act, 1949, by the then Government of Madras, imposing
established or constituted: a ban on the circulation of the petitioner9s journal. Such a ban order
1. By or under the Constitution; was laid down as a violation of the right to freedom of speech and
2. By any other law formed by the Parliament; expression provided for in Article 19(1)(a).
3. By any other law created by the State Legislature;

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Q22.Discuss the constitution, powers and obligations of state Q24.Examine the emerging trend on Right to information.
information commission. Introduction:
Introduction: The basic objective of the Right to Information Act 2005 (RTI Act) is to
The State Information Commission will be constituted by the State empower the citizens, to seek information from Public Authorities.
Government through a Gazette notification. It will have one State Chief Thereby it promotes transparency and accountability in the working of
Information Commissioner (SCIC) and not more than 10 State the Government, and makes Indian democracy work for the people in
Information Commissioners (SIC) to be appointed by the Governor. real sense.
The State Information Commission will be constituted by the State Emerging Trends:
Government through a Gazette notification. It will have one State Chief ▪ Open Data Policy: Government institutions should put all
Information Commissioner (SCIC) and not more than 10 State disclosable information on their respective websites.
Information Commissioners (SIC) to be appointed by the Governor. o By this, the petitioners may immediately access whatever
The Right to Information Act, 2005 provides for the creation of State information they need.
Information Commission at the State level. o This will also reduce the burden of the department to provide
Composition of State Information Commission information which takes much of its valuable time.
The Commission consists of a State Chief Information commissioner ▪ Compiling of Similar RTI Applications: Many RTI Applicants file
and ten State Information Commissioners. They are appointed by the multiple RTI applications on the same subject/seek the same
Governor on the recommendation of the committee consisting of the information, which increases the burden of the information
Chief Minister as Chairperson, the Leader of the Opposition in the department of various public institutions.
Legislative Assembly and a state Cabinet Minister nominated by the o Also, a system needs to be put in to weed out such
Chief Minister. They should be person of eminence in public life and duplicate cases.
should not hold any other office of profit or connected with any ▪ Preventing Misuse of RTI: RTI misuse can be prevented by
political party or carrying on any business or pursuing any profession. introducing the reason knowing provision for filing the petition.
Tenure and Service o Also, there should be a provision of Penalty for wasting the valuable
The State Chief Information Commissioner and a State Information time of the Information Commissioner for demanding unnecessary
Commissioner hold office for a term of 5 years or until they attain the information or which is not in public interest.
age of 65 years, whichever is earlier. They are not eligible for ▪ Balancing with Privacy Right: Another right of a citizen protected
reappointment. under the Constitution is the right to privacy. This right is enshrined
Powers and Functions of the State Information Commission within the spirit of Article 21 of the Constitution.
• The commission submits and annual report to the state government o Thus, the right to information has to be balanced with
on the implementation of the provisions of this act. The state the right to privacy within the framework of law.
government places this report before the state legislature. ▪ Increasing Public Awareness: This can be done by the launch of
• The commission can order inquiry into any matter if there are awareness campaigns through Radio, Television and Print Media
reasonable grounds. various regional languages in rural areas.
• The commission has the power to secure compliance of its decisions o Central/State Information Commissions should be provided with
from the public authority. sufficient funds for creating awareness about RTI Act, 2005.
• It is the duty of the commission to receive and inquire into a
complaint from any person
• During the inquiry of a complaint, the commission may examine any SN.Write a note on First Appellate Authority.
record which is under the control of the public authority and no such Introduction:
record may be withheld from it on any grounds. Section 19(1) of the Central Act requires that officers are appointed to
While inquiring, the commission has the power of the civil court in who are "senior in rank" to the Public Information Officer (PIO) to deal
respect of the following matters: with appeals from requesters who are unhappy with how their request
• Requiring the discovery and inspection of documents has been handled. These officers are commonly referred to as
• Issuing summons for examination of witnesses or documents and any Appellate Authorities.
other matter which may be prescribed When appointing Appellate Authorities, a balance needs to be struck
• Summoning and enforcing attendance of persons and compelling between ensuring that they are accessible to the public, but at the
them to give oral or written evidence on oath and to produce same time that they are sufficiently senior officials to be both willing
documents or things. and able to override a PIO and order disclosure of information.
• Receiving evidence on affidavit Whoever is appointed as an Appellate Authority needs to have the
• Requisitioning any public record from any court or office. capacity to genuinely review the decision of a PIO and make hard
• When a public authority does not conform to the provisions of this decisions about whether information should be released.
act, the commission may recommend steps which ought to be taken In recognition of this fact, under the Karnataka State RTI Act for
for promoting such conformity. example, the Appellate Authority was the head of the public authority.
There has been some confusion over whether every an Appellate
Authority needs to be appointed who is directly senior to every PIO, or
whether - so long as they are sufficiently senior in rank - a smaller
number of Appellate Authorities can be appointed within every
organisation covered by the Central Act

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SN.Write a note on Official Secrets Act, 1923. confidentiality in the workings of the government.
Background Secret
• The origins of the Official Secrets Act can be traced back to the It is the information to promote the social security of the nation whose
British colonial period. The Indian Official Secrets Act (Act XIV) of disclosure could cause <serious damage= to the security and
1889 was enacted with the goal of suppressing the voices of a large confidentiality of the nation. This category is generally reserved for the
number of newspapers that had sprouted up in several languages and matters highly important for the security of national interest.
were critical of British policy. Confidential
• During Lord Curzon's term as Viceroy of India, the Act XIV was It is for information that can cause <threat or damage to national
revised and made more rigorous in the shape of The Indian Official interest and provide significant damage to the government if disclosure
Secrets Act, 1904. of information has been made without proper authorization. Further,
• A second version, the Indian Official Secrets Act, was notified in the disclosure of the information would be prejudicial to the interest
1923. (Act No XIX of 1923). of the nation.
• It was expanded to include all concerns of secrecy and confidentiality Restricted
in the country's governance. It is that information which is communicated only for the purpose of
Provisions official use and not to be shared without authorization to any person
• The Official Secrets Act of 1923 expanded its provisions to safeguard except for official use.
the privacy and secrecy of the country's government, particularly for
the country's national security. SN.Write a note on Democracy & RTI
• A high-ranking government official charged with safeguarding such Introduction:
confidential information, or a person hired by such an official, The right to information is a fundamental right under Article 19 (1) of
obligated by a contract, or holding a contract on behalf of the the Indian Constitution. In 1976, in the Raj Narain vs the State of Uttar
government. Pradesh case, the Supreme Court ruled that Right to information will
• The term "foreign agent" refers to someone who has reasonable be treated as a fundamental right under article 19. The Supreme Court
reasons to believe that he or she is working for a foreign authority in held that in Indian democracy, people are the masters and they have
any way. the right to know about the working of the government.
• If anyone gets into a prohibited location or helps someone else get Thus the government enacted the Right to Information act in
into a prohibited place, it is against the state's safety. 2005 which provides machinery for exercising this fundamental right.
Significance Objectives of the RTI Act
• The idea that every government has the right to keep certain facts 1. Empower citizens to question the government.
out of the public domain in the name of national security runs counter 2. The act promotes transparency and accountability in the working of
to the basic definition of democracy, which is to serve the people. the government.
• The law also comes to a fork in the road when it comes to Article 19 3. The act also helps in containing corruption in the government and
(1), which guarantees every citizen the right to freedom of speech and work for the people in a better way.
expression. 4. The act envisages building better-informed citizens who would
• The Official Secrets Act has been used arbitrarily against media keep necessary vigil about the functioning of the government
outlets and journalists who have been found to be critical of the machinery.
government's actions and policies. Significance of the RTI Act
• The law is in direct conflict with the Right to Information Act • The RTI Act, 2005 empowers the citizen to question the secrecy and
(RTI), which went into effect in 2005 and provides fertile ground for abuse of power practised in governance.
corruption. • It is through the information commissions at the central and state
levels that access to such information is provided.
SN.Write a note on classified record. • RTI information can be regarded as a public good, for it is relevant to
Classification of official information the interests of citizens and is a crucial pillar for the functioning
There are no set criteria for the classification of the information under of a transparent and vibrant democracy.
the OSA, 1923. After several requests from the human rights activists • The information obtained not only helps in making government
and organizations, the Ministry of Home Affairs of India has not accountable but also useful for other purposes which would serve
revealed any set pattern of the classification of official information the overall interests of the society.
citing the reasons for a social and political threat to a nation. • Every year, around six million applications are filed under the RTI
The classification of the official information is done by Departmental Act, making it the most extensively used sunshine legislation globally.
Security Instructions (DSI) in accordance with the prior approval from
the Ministry of Home Affairs. The Central Secretariat Manual of Office
Procedure provides for the details of the classified information and
documents will be treated, but there are no set criteria for the
classification of official information.
Top secret
It is the information that is to be kept secret for the security of the
nation, and its disclosure could cause exceptionally grave damage= to
the public interest in large. This is reserved for the utmost

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Q5. Explain the Supreme Court decisions on RTI Act. - June 2012 the antecedents of the candidate is that voter can judge and decide in
Introduction whose favour he should cast his vote.
The Constitution of India guarantees freedom of speech and expression 6. Right to Information and Community Participation
to all the citizens of the country vide Article 19(1.a). Article 19(2) places • Research Foundation for Science Technology and Natural Resource
certain reasonable restrictions upon this freedom in the interest of Policy v. Union of India Supreme Court of India (2007:30) examined the
certain human and professional values. case of Research Foundation for Science Technology and National
The right to information is implicitly guaranteed by the Constitution Resource Policy v. Union of India and observed: “The right to
but the public authorities denied access to information in the name of information and community participation for protection of
official secrets. The progressive individuals and organizations fought for environment and human health is also a right which flows from article
the right to information consistently in the post-independence era. 21.
Several judicial pronouncements also upheld the fundamental right to 7. Restrictions on Information Pertaining to Judicial Decisions
information which is a powerful instrument of good governance. 8. Right to Privacy and Right to Information
The Indian Parliament enacted the Right to Information Act, 2005 with • Kharak Singh v State of Uttar Pradesh
a view to set out a practical regime for securing information in the In India, the Constitution does not expressly recognize the right to
country. It gave a powerful tool to the citizens to get information from privacy. The concept of privacy as a fundamental right first evolved in
the Government as a matter of right. 1964 in the case of Kharak Singh v State of Uttar Pradesh. The
Case Laws Supreme Court, for the first time, recognized that there is a right of
1. Free Flow of Information for Public Record / Right to Information is privacy implicit in the Indian Constitution under Article 21. The Court
not Absolute Right held that the Right to Privacy is an integral part of the Right to Life, but
• Indira Jaising v. Registrar General, Supreme Court of India with out any clear cut laws, it still remains in the grey area.
Supreme Court of India (2003:29) examined the case of Indira Jaising v.
Registrar General, Supreme Court of India and remarked: Q. Examine the origin and development of the concept of “Right to
In a democratic framework free flow of information to the citizens is Know” in India. Jan 2013
necessary for proper functioning particularly in matters which form Background of RTI in India
part of public record. The voice of the public to get information from the Government got
There are several areas where such information need not be furnished. momentum during the last decade and various State Governments in
Information which belongs to an exceptional category need not be India enacted Right to Information Acts in the years 2000- 2002, which
disclosed to anybody under the existing principles and practices. That were applicable in the respective States.
position in law is very clear. Then came the Freedom of Information Act, 2002. It was found that
2. Right to Information even this Act did not fulfil the aspiration of the citizens of India. In
• Bennett Coleman and Co. v. Union of India . order to ensure greater and more effective access to information, it
Supreme Court of India (1973:16) examined the case of Bennett was thought that the Freedom of Information Act, 2002 must be made
Coleman & Co. v. Union of India and struck down the newsprint control more progressive, participatory and meaningful. Thus the Freedom of
order saying that it directly affected the petitioners’ right to freely Information Act, 2002 was repealed and the Right to Information Act,
publish and circulate their paper. 2005 has been enacted by the Parliament, which is considered as a
The court observed: “The constitutional guarantee of the freedom of landmark step to enhance fundamental right of life and liberty
speech is not so much for the benefit of the press as it is for the benefit guaranteed under Article 19 of the Constitution of India.
of the people. The freedom of speech includes within its compass the The Right to Information Bill received assent of the President of India
right of all citizens to read and be informed”. on 15th June, 2005 and has come on the statute book as the Right to
3. Disclosure of Information/Documents Information Act, 2005. This Act is applicable to the whole of India
• S.P. Gupta v. Union of India except Jammu and Kashmir.
In the case of S.P. Gupta v. Union of India, it was held that exposure to Preamble
public gaze and scrutiny is one of the surest means of achieving clean The Preamble of the Act spells the purpose of the RTI Act as under:
and healthy administration for it ensures effective participatory (a) for setting out the practical regime of right to information for
democracy and 'a popular Government without popular information or citizens;
the means of obtaining it, is but a prologue to a farce or tragedy or (b) to secure access to information under the control of public
perhaps both'. authorities;
4. Right to acquire and Disseminate Information (c) to promote transparency & accountability in the working of every
• Secretary, Ministry of Information & Broadcasting, Government of public authority;
India v. Cricket Association of Bengal A citizen has a fundamental right (d) to ensure informed citizenry and transparency in governance;
to use the best means of imparting and receiving information and as (e) to curtail corruption and to hold Government & their
such to have an access to telecasting for the purpose. instrumentalities accountable to the governed;
5. Direction on Voters' Right to Information (f) to harmonize conflicting public interests in disclosure and
• People's Union for Civil Liberties v. Union of India exemptions;
Supreme Court of India (2003:28) examined the case of People’s Union (g) constitution of a Central Information Commission and State
For Civil Liberties (PUCL) v. Union of India and noted: Information Commission and for matters connected therewith or
“The foundation of a healthy democracy is to have well informed incidental thereto.18
citizens-voters. The reason to have right of information with regard to

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Objectives Objects of the Act

It sets out the following objectives to be achieved through the Right to To enable smoother and greater access to information by replacement
Information Act: of the Freedom of Information Act, 2002.
(a) to provide for setting out the practical regime of right to Changes in the new Act include:
information for citizens to secure access to information under the 1. Establishment of an Appellate Machinery to review decisions of the
control of public authorities; PIOs.
(b) in order to promote transparency and accountability in the working 2. Penal provisions for failure to provide information
of every public authority; 3. Provisions to ensure maximum disclosure, and minimum
(c) the constitution of a Central Information Commission and State exemptions, consistent with the Constitution.
Information Commissions; and
(d) for matters connected therewith or incidental thereto. SN) Explain the role of public information officers
Section 7
Q1. What are the Salient Features of the RTI Act? Duty and Powers of Central Public Information Officer and State
SALIENT FEATURES OF THE RIGHT TO INFORMATION ACT, 2005 Public Information Officer
Preamble of the Act The Public Information Officer and the Assistant Public Information
The Preamble of the Act spells the purpose of the RTI Act as under: Officer are those officers, who are designated as such either by the
(a) for setting out the practical regime of right to information for public authorities; or by the competent authorities in their respective
citizens; administrative offices/units with the object to provide information to
(b) to secure access to information under the control of public the citizens on their making request for the same under the Act.
authorities; The public authorities are duty bound to designate, within one
(c) to promote transparency & accountability in the working of every hundred days of the enactment of the Act, an Officer at each sub
public authority; divisional level or other sub-district level as Assistant Public
(d) to ensure informed citizenry and transparency in governance; Information Officer which implies that Central/State Public Information
(e) to curtail corruption and to hold Government & their Officer and Central/State Assistant Public Information Officer should
instrumentalities accountable to the governed; have been designated by each public authority on or before 23rd day
(f) to harmonize conflicting public interests in disclosure and of September, 2005.
exemptions; The powers and duties of the Central/State Public Information Officer
(g) constitution of a Central Information Commission and State and the Central/State Assistant Public Information Officer can be
Information Commission and for matters connected therewith or detailed as under:
incidental thereto. (a) The Public Information Officer shall deal with the requests for
Commencement of the Act obtaining information received from persons in writing.
The Act consists of 31 sections out of which 9 came into effect from (b) Where the person making the request is unable to make a request
15th June, 2005. Section 4(1)(b) fixes 120 days from that date as the in writing, Public Information Officer shall render reasonable assistance
date from which it becomes effective. Therefore, the entire Act can be to the person to reduce the request in writing.
said to have been effective from 12th October, 2005. (d) The Public Information Officer may seek the assistance of any other
1. Only citizens can apply for information officer for the proper discharge of his/her duties.
2. All public authorities are answerable under the Act (e) In case the request for obtaining information is rejected, the Public
3. Nature of the information must be relevant to administration of the Information Officer shall communicate to the person making the
State request -
4. Applicant need not provide reasons (f) the reasons for such rejection;
5. The information must be disseminated within 30 days (ii) the period within which an appeal against such rejection may be
6. Reasons or rejection of application to be provided preferred; and
7. First Appellate Authority and the Second Appellate Authority (iii) the particulars of the appellate authority.
8. Limitation to file and dispose the appeals (j) Where access is granted to a part of the record, the Central Public
9. Information is one which is already recorded in official records and Information Officer or State Public Information Officer, as the case may
published be, shall give a notice to the applicant, informing,-
10. Information requested should not relate to any exempted matter (i) that only part of the record requested, after severance of the record
under the Act. containing information which is exempt from disclosure, is being
Criticism of the Act provided;
The Act penalises the public authorities only in case of non provision of (ii) the reasons for the decision, including any findings on any material
information. There is no penalty or remedy under the Act for non question of fact, referring to the material on which those findings were
compliance with procedural aspects like display of the names of based;
information officers on the departmental notice boards. Also, the State (iii) the name and designation of the person giving the decision;
Governments and Competent Authorities are at liberty to fix the To conclude it can be said that the request for obtaining information
application fee which is a power that can be grossly misused to deny shall be made by the person in writing or through electronic means in
information. Another criticism of the Act is the exclusion of file notings English or Hindi or in the official language of the area with the
from the purview of the Act. prescribed fee to the Public Information Officer of the concerned
public authority.

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Q7. Define ‘Information’ and ‘Right to Information’. SN) Explain severability.

Chapter 1, Preliminary Section 10. Severability.
Section 2. Definitions. (1) Where a request for access to information is rejected on the ground
Information that it is in relation to information which is exempt from disclosure,
f) "information" means any material in any form, including records, then, notwithstanding anything contained in this Act, access may be
documents, memos, e-mails,opinions, advices, press releases, circulars, provided to that part of the record which does not contain any
orders, logbooks, contracts, reports, papers, samples, models, data information which is exempt from disclosure under this Act and which
material held in any electronic form and information relating to any can reasonably be severed from any part that contains exempt
private body which can be accessed by a public authority under any information.
other law for the time being in force; (2) Where access is granted to a part of the record under sub-section
1. All information held by Public Authorities is owned by citizens, who (1), the Central Public Information Officer or State Public Information
are sovereign. Officer, as the case may be shall give a notice to the applicant,
The Legislature's intent is to make available to the general public such informing -
information which had been obtained by the public authorities from (a) that only part of the record requested, after severance of the
private bodies. Had it been the case where only information related to record containing information which is exempt from disclosure, is
public authorities was to be provided, the Legislature would not have being provided;
included the word "private body". (b) the reasons for the decision, including any findings on any material
2. Draft Judgment and personal notes of Judges, not to be an question of fact, referring to the material on which those findings were
information based;
Notes taken by the Judges while hearing a case cannot be treated as (c) the name and designation of the person giving the decision;
final views expressed by them on the case. They are meant only for the (d) the details of the fees calculated by him or her and the amount of
use of the Judges and cannot be held to be a part of a record "held" by fee which the applicant is required to deposit;
the public authority. 1. General
3. Information regarding personal assets of Judges of High Courts Access to Justice is recognised as one of the most important basic
Judges have to declare their assets is a requirement that is not being human rights today. However, it must be remembered that unless the
introduced for the first time as far as subordinate Judges are general public gets information on request from the public authorities,
concerned. They have for long been required to do that year after year it cannot build-up the case to have access to justice.
in terms of the Rules governing their conditions of service. 2. Access to a Part of Record not Exempted from Disclosure
4. Information sought should be clearly specified Where a request for access to information is rejected on the ground
The Commission held that the applicant under the RTI Act should that it is in relation to information which is exempt from disclosure,
clearly specify the information sought in terms of Section 2(f) of the RTI then it is provided in section 10 of the Act itself that:
Act. (a) access may be provided to that part of the record which does not
The appellant was directed to specify the information he seeks to contain any information which is exempt from disclosure under this
inspect from the records Act; and
5. Information can be supplied only in the form available (b) which can reasonably be severed from any part that contains
Case: In the case of Sarabjit Roy vs. Delhi Development Authority exempt information.
(10/01/2005-CIC, dated 25/2/2006), the applicant had sought certain (1) In determining whether the valid parts of a statute are separable
information in a particular form, from the PIO of a public authority. from the invalid parts thereof, it is the intention of the Legislature that
Judgment: The Commission held that if the information is not available is the determining factor.
in the particular form requested, it does not have to be created in the (2) If the valid and invalid provisions are so inextricably mixed up that
form sought by the applicant, and information under Section 2(f) they cannot be separated from one another, then the invalidity of a
includes information in any form available with a public authority and portion must result in the invalidity of the Act in its entirety.
accessible. In the present case, the Commission held that the applicant (3) Even when the provisions which are valid are distinct and separate
may be allowed, if he desires, to inspect the original records at the from those which are invalid, if they all form part of a single scheme is
office. intended to be operative as a whole, then also the invalidity of a part
6. Language for providing information will result in the failure of the whole.
The appellant had sought this information in the Hindi language. (4) The separability of the valid and invalid provisions of a statute does
Judgment: The CIC interpreting Section 2(f) of the RTI Act, directed the not depend on whether the law is enacted in the same section or
DDA to provide the requested information by translating it, in Hindi, different sections, it is not the form, but the substance of the matter
within 25 days of the issue of its decision. that is material, and that has to be ascertained on an examination of
Section 2(J): Right To Information the Act as a whole and of the setting of the relevant provisions therein.
(j) “right to information" means the right to information accessible (7) In determining the legislative intent on the question of separability,
under this Act which is held by or under the control of any public it will be legitimate to take into account the history of the legislation,
authority and includes the right to- its object, the title and the preamble to it.
(i) inspection of work, documents, records;
(ii) taking notes, extracts or certified copies of documents or records;
(iii) taking certified samples of material;

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SN) Explain third party information treated as confidential by the third party, a written notice would have
Section 11. Third party information. to be issued to the third party.
The Right to Information Act also covers individuals/ firms/ 5.Validity and interpretation of Section 11
organisations which directly do not fall within the scope of the Act but Section 11(1) of Act postulates two circumstances when procedure had
they have submitted some of their information related to contracts, to be followed -
business deals or financial details to government agencies (public Firstly when information related to a third party and can be prima facie
authorities). Such information can be accessed under the Right to regarded as confidential as it affected right of privacy of third party -
Information Act by the citizens. These individuals/firms/organisations Second situation was when information provided and given by third
are covered under the definition of third-party under the RTI Act. party to public authority and prima facie third party who had provided
The definition of a third-party under Section 11 of the RTI Act covers information had treated and regarded said information as confidential.
anyone other than the public authority dealing with the application (Arvind Kejriwal Vs. Central Public Information Officer and Anr, LPA No.
and the requester (applicant) for information as shown below: 719/2010 High Court of Delhi.)
First-party:
The person submitting an application or appeal. Q1. Explain the constitution of the Central Information Commission.
Second-party The state information commission
The public authority responsible for processing the application. Section 12. Constitution of Central Information Commission.
Third-party (1) The Central Government shall, by notification in the Official
Any other person or body including another public authority. Gazette, constitute a body to be known as the Central Information
The records supplied by a third party but held by a public authority are Commission to exercise the powers conferred on, and to perform
included within the definition of “information” under the RTI Act, and the functions assigned to, it under this Act.
can be the subject matter of request for information. (2) The Central Information Commission shall consist of-
Section 11 of the RTI Act requires that if the information asked by a (a) the Chief Information Commissioner, and
citizen relates to a record that has been supplied by a third party, and (b) such number of Central Information Commissioners not exceeding
is not treated as confidential by that party, the PIO of a public authority ten as may be deemed necessary.
is at liberty to provide such information to an applicant. (3) The Chief Information Commissioner and Information
The PIO has to give a written notice to the third party within five days Commissioners shall be appointed by the President on the
of the receipt of an application for information seeking his opinion, recommendation of a committee consisting of-
whether the information should be disclosed to the applicant or not. (i) the Prime Minister, who shall be the Chairperson of the committee;
The third party has to make a submission to the PIO within 10 days, (ii) the Leader of Opposition in the Lok Sabha; and
whether to disclose the information or not. (iii) a Union Cabinet Minister to be nominated by the Prime Minister.
Within 40 days of the receipt of the application, the PIO has to make a Explanation.-For the purposes of removal of doubts it is hereby
decision. Should the information related to the third party be provided declared that where the Leader of Opposition in the House of the
to the applicant or not, and then convey his decision to the third party. People has not been recognised as such, the Leader of the single
The third party can appeal against the decision of the PIO to disclose largest group in opposition of the Government in the House of the
information relating to him/her to an RTI applicant to appellate People shall be deemed to be the Leader of the Opposition.
authorities. (4) The general superintendence, direction and management of the
A PIO should use his discretion in dealing with the application seeking affairs of the Central Information Commission shall vest in the Chief
information related to a third party. Information Commissioner who shall be assisted by the Information
1.Third Party has no absolute right to refuse information disclosure Commissioners and may exercise all such powers and do all such acts
about it and things which may be exercised or done by the Central Information
Even if the information is barred from disclosure then the public Commission autonomously without being subjected to directions by
authority is to examine if it would be in the public interest to disclose any other authority under this Act.
the information sought and its disclosure will outweigh harm if any to (5) The Chief Information Commissioner and Information
the individual third party. Commissioners shall be persons of eminence in public life with wide
2.Public interest and third party information. knowledge and experience in law, science and technology, social
Any information sought by the Applicant in which third party service, management, journalism, mass media or administration and
information is asked, wherein third party may plead a privacy defence governance.
and the proper question would be as to whether divulging of such (6) The Chief Information Commissioner or an Information
an information is in the public interest or not. Commissioner shall not be a Member of Parliament or Member of the
3. Information provided in certain cases even if denied by the third Legislature of any State or Union territory, as the case may be, or hold
party. any other office of profit or connected with any political party or
The third party may plead a 'privacy' defence. But such defence carrying on any business or pursuing any profession.
may, for good reasons, be overruled. In other words, after following (7) The headquarters of the Central Information Commission shall be at
the procedure outlined in Section 11(1) of the RTI Act. Delhi and the Central Information Commission may, with the previous
4.Notice to third party… An essential Requirement of section 11. approval of the Central Government, establish offices at other places in
Section 11 of the Act provides that where the State Public Information India.
Officer or the Central Public Information Officer intends to disclose any
information or record which relates to a third party and has been

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Q. Explain the powers of the Central / State Information Commissions (f) any other matter which may be prescribed.
Powers and functions of the information commissions, appeal and 4. Overriding Powers of the Commission to Examine a Record
penalties Sub-section (4) of section 18 of the Right to Information Act provides
Section18. overriding powers of the Central Information Commission or the State
SYNOPSIS Information Commission to examine any record by laying down that
1. General notwithstanding anything inconsistent contained in any other Act of
2. Powers and Functions of Information Commissions Parliament, or the State Legislature, as the case may be, the Central
3. Power of Summoning Witnesses and Discovery and Inspection of Information Commission or the State Information Commission, as the
Documents Including any Public Record case may be, may, during the inquiry of any complaint under this
4. Overriding Powers of the Commission to Examine any Record Act, examine any record to which this Act applies which is under the
1. General control of the public authority, and no such record may be withheld
According to the Statement of Objects and Reasons appended to the from it on any grounds.
Right to Information Act, one of the important changes to be
incorporated in the Act included establishment of an appellate Q. What is the Difference between a Complaint and an Appeal?
machinery to review decision of Public Information Officers. The procedure for hearing appeals have been framed in exercise of
2. Powers and Functions of Information Commissions power under clauses (e) and (f) of sub-section (2) of section 27 of the
Under section 18 of the Act, subject to the provisions of this Act, it shall Act. They are called the Central Information Commission (Appeal
be the duty of the Central Information Commission or the State Procedure) Rules, 2005. The procedure of deciding appeals is laid down
Information Commission, as the case may be, to receive and in rule 5 of the said Rules.
inquire into a complaint from any person: The procedure contemplated under section 18 and section 19 of the
(a) who has been unable to submit a request to a Central Public Right to Information Act is substantially different. The nature of the
Information Officer or State Public Information Officer, as the case may power under section 18 is supervisory in character whereas
be, either by reason that no such officer has been appointed the procedure under section 19 is an appellate procedure and a person
under this Act or because the Central Assistant Public Information who is aggrieved by refusal in receiving the information which he has
Officer or State Assistant Public Information Officer, as the case may sought for can only seek redress in the manner provided in
be, has refused to accept his or her application for information the statute, namely, by following the procedure under section 19.
or appeal under this Act It is well known when a procedure is laid down statutorily and there is
(b) who has been refused access to any information requested under no challenge to the said statutory procedure the Court should not, in
this Act; the name of interpretation, lay down a procedure which is contrary to
(c) who has not been given a response to a request for information or the express statutory provision.
access to information within the time-limits specified under this Act; Sections 18 and 19 of the Act serve two different purposes and lay
(d) who has been required to pay an amount of fee which he or she down two different procedures and they provide two different
considers unreasonable; remedies. One cannot be a substitute for the other.
(e) who believes that he or she has been given incomplete, misleading The procedure under section 19 of the Right to Information Act, when
or false information under this Act; and compared to section 18, has several safeguards for protecting the
(f) in respect of any other matter relating to requesting or obtaining interest of the person who has been refused the information
access to records under this Act. he has sought.
3. Power of Summoning Witnesses and Discovery and Inspection of Section 19(5) puts the onus to justify the denial of request on the
Documents Including any information officer. There is no such safeguard in section 18.
Public Record Apart from that the procedure under section 19 is a time bound one
The Central Information Commission and the State Information but no limit is prescribed under section 18.
Commission, as the case may be, have been empowered to entertain, The procedure under section 19 is an appellate procedure. A right of
hear and decide second appeal against the decision of the first appeal is always a creature of statute. A right of appeal is a right of
appeal. entering a superior forum for invoking its aid and interposition
Sub-section (3) of section 18 of the Right to Information Act lays down to correct errors of the inferior forum.
that the Central Information Commission or the State Information Of the two procedures, between section 18 and section 19, the one
Commission, as the case may be, shall, while inquiring into any under section 19 is more beneficial to a person who has been denied
matter under this section, have the same powers as are vested in a civil access to information.
court while trying a suit under the Code of Civil Procedure, 1908, in
respect of the following matters, namely:-
(a) summoning and enforcing the attendance of persons and compel
them to give oral or written evidence on oath and to produce the
documents or things;
(b) requiring the discovery and inspection of documents;
(c) receiving evidence on affidavit;
(d) requisitioning any public record or copies thereof from any court or
office;
(e) issuing summons for examination of witnesses or documents; and

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Q1. Explain the salient features of Public Records Act, 1993. State the Allowances
Central Govt’s power to make rules under it (i) the allowances payable to members of the Board under sub-section
Government of India, enacted Public Records Act in 1993 to regulate (3) of section 13-;
the management, administration and preservation of Public Records of Miscellaneous Matters
the Central Government, Union territory Administration, Public Sector (j) the matters with respect to which the Board may perform its
Undertakings, statutory bodies and corporations, Commissions and functions under clause (d) of section 14-;
Committees constituted by the Central Government or a Union (k) any other matters which is required to be, or may be, prescribed.
territory Administration and matters connected therewith or incidental
thereto.
Other salient features of the Act are:
a] Empowerment of the Director General of Archives on behalf of
Central Government for archives administration and, management of
Public Records in all the Records Creating Agencies.
b] Nomination of Records Officers and setting up of Records Rooms.
c] Appraisal of all public records more than 25 years old in consultation
with the National Archives of India and the transfer of records of
permanent value to National Archives of India.
d] Accessibility of all unclassified public records more than 30 years old
and transferred to the National Archives of India to bona fide research
scholars.
SECTION 17: POWER TO MAKE RULES
Notification:
(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the provisions of this Act.
Subject Matter of Rules
(2) In particular and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the following
matters, namely:
Time Period for Preservation of Records
(a) the period after which public records of permanent nature may be
accepted under clause (b) of sub-section (2) of section 3-;
Destruction of Records
(b) the manner in which and the conditions subject to which public
records can be destroyed under clause (d) of sub-section (1) of
section6.
(e) the manner in which and the conditions subject to which public
records may be destroyed or disposed of under sub-section (1) of
section 8-;
Periodic Review Of Classified Public Records
(c) the manner in which periodical review of classified public records
for downgrading shall be undertaken under clause (f) of subsection (1)
of section 6-;
Reporting Procedure of Records Officer
(d) the manner in which the records officer will report to the Director
General or the head of the Archives under clause (k) of subsection (1)
of section 6-;
Material to be made available to Research Scholars
(f) the manner in which and the conditions subject to which records of
historical or national importance may be made available to research
scholar under sub-section (2) of section 11-;
Exceptions of Material to be made available to Research Scholars
(g) exceptions and restrictions subject to which public records may be
made available to a research scholar under sub-section (1) of section
12-;
Procedure for access to Records
(h) the manner in which and the conditions subject to which any
records creating agency may grant to any person access to public
records in its custody under sub-section (2) of section 12-;

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Q2. Define Public Record. Discuss the powers of the Central Training
Government relating to it. (k) organising training programmes in various disciplines of Archives
Section 2(e) administration and records management;
(e) "public records" includes- Private Sources
(i) any document, manuscript and file; (l) accepting records from any private source;
(ii) any microfilm, microfiche and facsimile copy of a document; Access Regulation
(iii) any reproduction of image or images embodies in such microfilm (m) regulating access to public records;
(whether enlarged or not); and Procurement of Records
(iv) any other material produced by a computer or by any other device, (n) receiving records from defunct bodies and making arrangement for
of any records creating agency; securing public records in the event of national emergency;
SECTION 03: POWER OF THE CENTRAL GOVERNMENT TO CO- Reports of Records Officer
ORDINATE, REGULATE AND SUPERVISE OPERATIONS CON (o) receiving reports on records management and disposal practices
CONNECTED WITH ADMINISTRATION, MANAGEMENT, ETC., OF from the records officer:
PUBLIC RECORDS Providing True Copies
Powers of the Central Government (p) providing authenticated copies of, or extracts from, public records;
(1) The Central Government shall have the power to co-ordinate, Destruction
regulate and supervise the operations connected with the (q) destroying or disposal of public records;
administration, management, preservation, selection, disposal and Historical records
retirement of public records under this Act. (r) obtaining on lease or purchasing or accepting as gift any document
Functions of Director General or the head of the Archives of historical or national importance.
(2) The Central Government in relation to the public records of the
records creating agencies specified in sub-clauses (i) and (ii) of clause Q4. Explain the salient features of the Public Records Act, 1993.
(f) of section 2-and the Union territory Administration in relation to the Public Records Act, 1993
public records of the records creating agencies specified in sub-clauses 1. Short title and commencement.
(iii) and (iv) of the said clause, may, by order, authorise the Director (1) This Act may be called the Public Records Act, 1993.
General or the head of the Archives, as the case may be, subject to (2) It shall come into force on such date1 as the Central Government
such conditions as may be specified in the order, to carry out all or any may, by notification in the Official Gazette, appoint
of the following functions, namely:- 2. Definitions.
Management of Archives 3. Power of the Central Government to coordinate, regulate and
(a) supervision, management and control of the Archives : supervise operations connected with administration, management,
Acceptance of Old Records etc., of public records.
(b) acceptance for deposit of public records of permanent nature after 4. Prohibition against taking of public records out of India.
such period as may be prescribed; 5. Records officer
Responsibility for the Public Records: 6. Responsibilities of records officer
Custody 7. Records officer to take appropriate action in the event of
(c) custody, use and withdrawal of public records; unauthorised removal, destruction, etc., of public records in his
Display custody.
(d) arrangement, preservation and exhibition of public records; 8. Destruction or disposal of public records
Indexing 9. Penalty for contraventions.
(e) preparation of inventories, indices, catalogues and other reference 10. Public records bearing security classification
media of public records; 11. Receipt of records from private sources.
Management Systems 12. Access to public records
(f) analysing, developing, promoting and coordinating the standards, 13. Archival Advisory Board
procedures and the techniques for improvement of the records 14. Functions of the Board
management system; 15. Power of the Director General to lay down norms and standards for
Maintenance courses in archival science
(g) ensuring the maintenance, arrangement and security of public 16. Protection of action taken in good faith.
records in the Archives and in the offices of the records creating 17. Power to make rules
agency; 18. Laying of rules before Parliament.
Space Allocation Introduction
(h) promoting utilisation of available space and maintenance of The Public Records Act has been incorporated on 22nd December,
equipment for preserving public records, 1993. This Act has been formulated to standardize the management,
Advice to records creating agencies administration and preservation of public records of the Central
(i) tendering advice to records creating agencies on the compilation, Government, Union Territory Administration, Committees formed by
classification and disposal of records and application of standards, the Central Government and such other bodies, corporations and
procedures and techniques of records management; undertakings of the Central Government and Union Territory
Inspection Administrations.
(j) survey and inspection on public records;

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Powers of the Central Government Statement Of Objects And Reasons

The Central Government has enormous powers to consolidate, The provisions of the British Act of 1911 are more effective, particularly
standardize and administer the operations connected with the in the matter of the protection of military secrets than the Indian
maintenance and disbursement of public records with proper enactments, and they have been further strengthened by the
management, preservation, etc. enactment of the amending Statute of 1920, which is based on
Appointment of Director General experience gained during the War. It is considered desirable, therefore,
The Central Government shall appoint a Director General as a head to that the law in India should be assimilated to that in force in the United
look after the overall functions in relation to the public records. This Kingdom, and the object of this Bill is to consolidate the provisions of
Director General shall supervise, administer and control over the the British Acts of 1911 and 1920 and to enact them in a form suitable
documents and records. for India.
Records to be sent out of India ACT 19 OF 1923
In case of any action with regard to public records, everybody should The Indian Official Secrets Bill having been passed by the Legislature
take a prior approval of the Central Government except in case if such received its assent on 2nd April, 1923. It came on the Statute Book as
public records were taken out or sent out of India for Official purpose. the Indian Official Secrets Act, 1923 (19 of 1923).
All record agencies shall appoint one such person as a Record Officer to 3. Penalties for spying.
discharge such functions as prescribed by this Act. (l) If any person for any purpose prejudicial to the safety or interests of
Record Officer and his Functions the State-
The Record Officer first looks for a Record room for keeping the public Vicinity
records safely. This Officer shall perform several functions under the (a)approaches, inspects, passes over or is in the vicinity of, or enters,
agencies in pursuance to the maintenance of public records. any prohibited place; or
Destruction of Records Notes
The public records shall not be destroyed or disposed without (b) makes any sketch, plan, model, or note which is calculated to be or
following the terms and conditions specified under this Act. might be or is intended to be, directly or Indirectly. useful to an enemy;
Old Records or
The National Archives of India and Union Territory of Archives shall Communication
receive any historical Archives as a gift or purchase or obtain through (c) obtains, collects, records or publishes or communicates to any other
any other mode. person any secret official code or password, or any sketch, plan, model,
Advisory Board article or note or other document or information which is calculated to
The Central Government with the notifications in the Official Gazette be or might be or is intended.
shall form an Archives Advisory Board in pursuance to this Act. Imprisonment
Rule Making Procedure he shall be punishable with imprisonment for a term which may
The Central Government with the notifications in the Official Gazette extend, where the offence is committed in relation to any work of
shall introduce any number of laws or provisions in pursuance to this defence, arsenal, naval, military or air force establishment or station,
Act. Introduction of such new provisions or laws shall be made only mine, minefield, factory, dockyard, camp, ship or aircraft or otherwise
after getting the assent from both the Houses of the Parliament and in relation to the naval, military or air force affairs of Government or in
signed by the President. relation to any secret official code, to fourteen years and in other cases
Regulatory Mechanism to three years.
This Act gave the basic structure on how to maintain the public records Evidence
but there was no proper regulatory mechanism formed to monitor this (2) On a prosecution for an offence punishable under this section, it
Act. It remains much theoretical rather than the efficient practical shall not be necessary to show that the accused person was guilty of
application of norms. any particular act tending to show a purpose prejudicial to the safety
or interests of the State,
Q8. Explain the aims and objects of the Official Secrets Act 1923 and
penalties provided under it
Introduction
ln regard to the protection of official secrets in India the Indian Official
Secrets Act, 1889 was enacted and it was amended by the Indian
Official Secrets (Amendment) Act, 1904.
Later, the Official Secrets Act, 1911, a British Act was brought into force
in India.
The provisions of the British Statute had, as a result of experience
gained during the War, been Considerably modified by the enactment
of the Official Secrets Act, 1920, but the later Statute did
not apply to British India.

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Q)HISTORICAL DEVELOPMENT OF FREEDOM OF INFORMATION IN described by the U.S.House Committee on Government Operations,
SWEDEN, USA AND UK which approved the Freedom of Information Act, in 1966, "A
Right to Information (hereinafter read as RTI) which is the cynosure of democratic society requires an informed, intelligent electorate, and the
this discourse is not something new. In fact, there is a long history at intelligence of the electorate varies as the quantity and quality of its
international level towards the attainment of this right and information varies.
mobilization of the masses for achieving it. With development of iii) United Kingdom (U.K.)
human ideals and establishment of democratic governments in most The UK passed its own Freedom of Information Act in 2000 and it was
of the civilized countries, this topic came to the fore. The United States brought into force in 2005. The development of Data Protection in the
and Sweden constitute the two main models for Freedom of UK can be traced back to the 1970s and the first Act was passed in
Information. 1984. The draft bill was the subject of prelegislative scrutiny by two
i) Sweden parliamentary committees in summer 1999. Both committees were
In Sweden and Finland, 2006 is observed as the 240th Anniversary of strongly critical of the draft bill. The Commons report recommended
the Freedom of Information. The world’s first freedom of information six key improvements:
legislation was adopted by the Swedish parliament in 1766. The • a purpose clause stating a clear presumption in favour of
enlightenment thinker and politician Anders Chydenius (1729-1803), • less emphasis on discretionary disclosure
The Swedish system is unique because of a high degree of institutional • review of the public interest by the Information Commissioner
autonomy underlying power dispersal to various levels of government. • narrow and precise exemptions
The Swedish system is known for ―its ideology of local government, • a statutory duty to help requesters
which basically means that local governments enjoy a great deal of • a duty to consult third party suppliers of information, and a right of
autonomy, limited only by the legislative powers of its national appeal for them against disclosure Both committees rejected the draft
counterpart. bill's class exemption for policy advice, and the breadth of the
The father of the Swedish Freedom of Information Act (hereinafter exemption for commercial information.
read as FOIA), Chydenius, was a member of the Captions party who
introduced freedom of information as a means of ―promoting social Q) RIGHT TO INFORMATION BEFORE RIGHT TO INFORMATION ACT,
reforms and opposing the supremacy of the nobility. 2005 or Discuss the historical development of the Right to
The Swedish parliament passed the legislation in 1766, and Information Act, 2005 in India.
established the world’s first parliamentary Ombudsman (the word The right to information movement in India can be broadly classified
itself is Swedish for delegate and has been imported directly into the into three phases. In the first phase, from 1975 to 1996, there were
English language). sporadic demands for information from various sections of the society,
ii) United States of America culminating in a more focused demand for access to information from
The US constitutional fathers created the three arms of government environmental movements in the mid-1980s, and from grassroots
legislative (Congress), executive (President) and judiciary (the Courts); movements in rural Rajasthan in the early 1990s.
the separation of powers accounts for a system of checks and balances. THE FOLLOWING ARE SOME LANDMARKS EVENTS IN THE HISTORY OF
At the heart of the US political system is the concept of the balance of RIGHT TO
power. According to some sources, the US is indeed an important role INFORMATION ACT, 2005
model for Freedom of Information worldwide. Lidberg (2006) notes 1. A Working Group
that, ―the US FOI model grew out of a global move towards more Objections to the Official Secrets Act have been raised since 1948,
open government following World War II. when the Press Laws Enquiry Committee recommended certain
America and democracy are generally synonymous. America amendments. In 1977, the government formed a working group to look
apparently proclaims it to the torchbearer of the plethora of into the possibilities of amending the Official Secrets Act.
democratic rights that ought to be the part of a true democratic Unfortunately, the working group did not recommend changes, as it
framework. felt the Act related to the protection of national safety and did not
The 1966 Freedom of Information Act requires executive branch prevent the release of information in the public interest, despite
agencies and independent commissions to make available to citizens, overwhelming evidence to the contrary. In 1989, a committee was set
upon request, all documents and record except those, which fall into up which recommended limiting the areas where government
the following exempt categories: information could be hidden, and opening up all other spheres of
1. Secret national security or foreign policy information. information.
2. Internal personnel practices. 2. Mazdoor Kisan Shakti Sangathan (MKSS) and Jan Sunwais
3. Information exempted by law. In the early-1990s, in the course of the struggle of the rural poor in
4. Trade secrets or other confidential commercial or financial Rajasthan, the Mazdoor Kisan Shakti Sangathan (MKSS) hit upon a
information. novel way to demonstrate the importance of information in an
5. Inter-agency or intra-agency memos. individual’s life through public hearings, or jan sunwais. The MKSS’s
6. Personal information, personnel or medical files. campaign demanded transparency of official records, a social audit of
7. Law enforcement investigatory information. government spending, and a redressal machinery for people who had
8. Information related to reports on financial institutions. not been given their due. The campaign caught the imagination of a
9. Geological and geophysical information. large cross-section of people, including activists, civil servants and
The philosophy of freedom of information and open government has lawyers. In India, the campaign on the Right to information (RTI) was
been well triggered off at the grassroots level by an organization called, the

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Mazdoor Kisan Shakti Sangthan in the 1990s. The movement was 8. The first major draft legislation:
initially started to bring in transparency in village accounts. It was an The first major draft legislation on the right to information in the
off shoot of the demand made for minimum wages in rural areas. In country, that was widely debated, and generally welcomed, was
Rajasthan, a State level Jan Sunwai was being organized to highlight circulated by the Press Council of India in 1996. Interestingly, it is
the gaps between the promises of the State Government, provisions of derived significantly from a draft prepared earlier by a meeting of
law and the real implementation. Jan Sunwai or Public Hearing is a social activists, civil servants and lawyers at the Lal Bahadur Shastri
process by which people who may be affected by a particular action or National Academy of Administration, Mussoorie in October, 1995 in
decision have the opportunity to ask questions, make submissions or which some serving officials of the institute took the initiative to
register objections to a panel of experts. The panel may comprise of introduce freedom of information legislation.
elected representatives, government officials, non-government 9. The Shourie committee
organizations, experts from the field, media, etc. It is a formal meeting In response, the Government of India set up a committee, known as
designed to provide the public with an opportunity to express their the Shourie Committee, after its chair, Mr. H.D. Shourie. The Shourie
support or opposition for any project or scheme in an open forum. committee was given the responsibility of examining the draft right to
Such hearings are especially useful for people living in rural areas and information bill and making recommendations that would help the
small towns. On 5 April, 1995 the Chief Minister of Rajasthan government to institutionalise transparency.
announced that his Government would be the first in the country to 10. Efforts by States:
confer to every citizen the right to obtain photocopies of all official Tamil Nadu, Goa, Madhya Pradesh, Maharashtra, Karnataka, Rajasthan,
documents related to local development Work on deposit of a Assam, Jammu and Kashmir, and even Delhi, the legislature proved to
specific fee for the same Exactly one year after the assurance of the be sympathetic by-passing state RTI acts (albeit, mostly weak ones)
Chief Minister, the Mazdoor Kisan Shakti Sangthan launched a 52 day much before the national act was finally passed by Parliament.
long Dharna in Beawar. i. Goa: One of the earliest and most progressive legislations, it had the
3. The National Campaign for People’s Right to Information (NCPRI) fewest categories of exceptions, provision for urgent processing of
The National Campaign for People’s Right to Information (NCPRI), requests pertaining to life and liberty, and a penalty clause.
formed in the late- 1990s, became a broad-based platform for action. 11. The Freedom of Information Bill, 2000
As the campaign gathered momentum, it became clear that the right to The Shourie draft was revived with some changes, in July 2000, and it
information had to be legally enforceable. As a result of this struggle, was introduced as the Freedom of Information Bill, 2000. Prior to the
not only did Rajasthan pass a law on the right to information, but, in a Bill being introduced in parliament, there was no official effort to
number of panchayats, graft was exposed and officials punished. publicize the draft or engage in a debate over its provisions.
4. The Press Council of India the passage of time, it was felt that even this Act failed to fulfill the
The Press Council of India drew up the first major draft legislation on aspiration of the citizens of India in the field of right to know and to get
the right to information, in 1996. The draft affirmed the right of every information since this Act was never enforced. Even though the Act is
citizen to information from any public body. Significantly, the term intended to promote openness, transparency and accountability in the
‗public bodies included not only the State but also all privately-owned administration and in the matters connected there with, it is
undertakings, non-statutory authorities, companies, and other bodies inadequate to achieve this objective.
whose activities affect the public interest.
5. Commonwealth Human Rights Initiative (CHRI)
It is an independent, non-partisan, international Non –Governmental
organization working for the practical realization of human rights.
Commonwealth Human Rights Initiative (CHRI) viewed the right to
information as providing a basic link between various human rights and
promoted that perspective in its advocacy work. In mid- 1997, when
important developments were taking place both at the grassroots level
and on the legislative front, Commonwealth Human Rights Initiative
(CHRI) sought to engender a country-wide debate around the issue
through dissemination of information.
6. Consumer Education Research Council (CERC)
Next came the Consumer Education Research Council (CERC) draft
which was, by far the most detailed proposed freedom of information
legislation in India. In line with international standards, it gave the right
to informa on to anyone, except ―alien enemies, whether or not they
were citizens.
7. Conference of chief ministers in 1997,
A conference of chief ministers resolved that the central and state
governments would work together on transparency and the right to
information. Following this, the Centre agreed to take immediate
steps, in consultation with the states, to introduce freedom of
information legislation, along with amendments to the Official Secrets
Act and the Indian Evidence Act, before the end of 1997.

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