BJP TODAY

October 1--15, 2005 - Vol. 14, No. 19

A short note on
Right to Information Act
By Ravi Shakar Prasad

The Right to Information has now become duly recognised by law having been passed by both the House of Parliament and assented to by the President of India on June 15, 2005.

India is now among the Fifty Five Countries, which have legislated comprehensive laws that protect the citizens' right to information. Nine States namely Delhi, Maharashtra, Tamilnadu, Rajasthan Karnataka, Jammu & Kashmir, Assam, Goa and Madhya Pradesh also have laws on the right to Information.

This Act extends to the whole of India except Jammu & Kashmir and its provisions have overriding effect i.e. it shall have effect not withstanding anything inconsistent contained in Official Secrets Act or any other law for the time being in force.

Under this law every Public Authority has to maintain all its records duly categorised and indexed in a manner that it can be made available on demand including access to such records through computers network. Besides within 120 days of this law the Public Authority has to publish the particulars of its organisation, functions and duties, the power and duties of its officers and employees and relevant rules and regulations.

Further within 120 days of the enactment every Public Authority has to appoint a Central Public Information Officer or State Public Information Officer including Assistant Public Information Officer at Sub divisional level to receive any application seeking information.

A person desirous of obtaining any information has to make an application to the Public Information Officer who has to provide it within 30 days or reject the request if the information sought would prejudicially affect a) Sovereignty and integrity of India b) Security or strategic interest of the Nation c) Relation with Foreign State or, d) Would lead to incitement of an offence. Further any information forbidden by any Court of law or Tribunal or leading to breach of privilege of the Parliament or Legislature or information of commercial confidence may not be given.

Cabinet papers including records of deliberations of Council of Ministers is not be given, however, the material on the basis of which the decision were taken will be made public.

Central Information Commission & State Information Commission.

Under this law there is a provision for Central Information Commission consisting of the Chief Information Commissioner and a maximum of ten Central Information Commissioners. They will be appointed by the President of India on the recommendation of a committee consisting of the Prime Minister as the Chairman, the Leader of Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister. No MP or MLA or any one connected with any political party or carrying on any business or profession shall be appointed as Commissioner. They have to be persons of eminence in public life with wide knowledge and experience in Law, Social Services, Management, Administration etc. The term of commissioners is for five years or till they attain the age of 65 years.

Similarly, there is provision for State Information Commission consisting of State Chief Information Commissioner and a maximum of ten State Information Commissioners. Like wise these appointments is to be made by the Governor on the recommendation of a committee consisting of the Chief Minister as Chairperson, the Leader of Opposition in the Legislative Assembly and a Cabinet Minister to be nominated by the Chief Minister.

The term of these commissioners is also 5 years and the provision for removal is stringent like a case of proved misbehaviour after the Supreme Court on enquiry upon a reference by the President of India or by the Governor as the case may be; has accepted the case of proved misbehaviour.

These Commissioners can receive and enquire into a complain from any person that he has been denied any information required for or any allied matter. The Commissioner has got the power as vested in Civil Court regarding summoning of documents and taking of evidence on affidavit etc.. Further the Commissioner have got the power to impose a penalty of Rs. 225 each day up to a maximum of Rs. 25,000 on any Information Officer who has without reasonable cause refused to give such information. It can also recommend for disciplinary action against the concerned officer.

The Act does not apply to intelligence and Security Organisation established by the Central Government like IB, RAW, CRPF, BSF, NSG, Directorate of Revenue Intelligence etc.