Empowering Democracy: A Comprehensive Guide to RTI Act, 2005 and RTI Rules, 2012

Empowering Democracy: A Comprehensive Guide to RTI Act, 2005 and RTI Rules, 2012


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Chapter 1: Introduction

1.1 The Essence of RTI

The Right to Information (RTI) is a transformative tool that allows citizens to actively participate in governance. It bridges the gap between the government and the governed by ensuring that information is no longer a privilege of a select few but a right for all.

Key Benefits:

1. Transparency in Governance: RTI eliminates secrecy, fostering trust between citizens and authorities.


2. Accountability: Public officials are held responsible for their actions.


3. Empowerment: RTI empowers the common man to question and demand better governance.



Example:
In a small town in Rajasthan, a group of farmers used RTI to access irrigation schedules for their fields. This information helped them ensure timely water supply and address discrepancies.

Practical Tip:
Encourage citizens to exercise their RTI rights responsibly, focusing on issues of public interest.


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1.2 Historical Background

The journey toward transparency in India has been long and eventful, marked by significant legal milestones and public movements.

Timeline of RTI Evolution:

1. Pre-Independence Era: Governance was secretive, with no scope for public scrutiny.


2. 1975: In the landmark case State of UP vs Raj Narain, the Supreme Court held that citizens have a "right to know."


3. 1982: The SP Gupta case reinforced the idea that transparency is essential in a democracy.


4. 2005: The RTI Act was enacted, replacing the ineffective Freedom of Information Act, 2002.



Global Inspiration:

Sweden: First transparency law in 1766.

USA: Freedom of Information Act, 1966.

India: RTI Act, 2005, is among the most comprehensive.


Significance of RTI in India:

The RTI Act is a direct result of grassroots activism, such as the Mazdoor Kisan Shakti Sangathan (MKSS) movement, which advocated for accountability in governance.



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Chapter 2: RTI Act, 2005

2.1 Objective and Scope

The RTI Act aims to empower citizens by giving them the legal right to request information from public authorities.

Objective:

Ensure transparency in public administration.

Promote participatory governance.

Reduce corruption.


Scope:

Applicable to all public authorities: central, state, and local levels.

Includes NGOs substantially funded by the government.


Exemptions:
The Act does not apply to:

1. Intelligence and Security Organizations (e.g., RAW, IB).


2. Information affecting national security or sovereignty.



Example:
An RTI applicant in Mumbai sought details about sanitation projects. The data revealed underutilization of allocated funds, prompting corrective measures.


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2.2 Key Definitions (Section 2)

Information:

Includes records, documents, memos, emails, opinions, circulars, and digital data.

Example: Environmental activists accessed reports on forest conservation efforts.


Public Authority:

Any body established by the Constitution, law, or substantially funded by the government.

Example: Municipal corporations, universities, and government-funded NGOs.


Record:

Includes files, manuscripts, maps, audio, video, and electronic records.




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2.3 Rights Under RTI

The Act grants the following rights:

1. Right to Inspect: Citizens can inspect public works, documents, or projects.

Example: Villagers in Tamil Nadu inspected records of a housing scheme.



2. Right to Certified Copies: Citizens can request verified copies of documents.

Example: Students requested copies of scholarship allocation details.



3. Right to Digital Information: Citizens can obtain data in electronic form.

Example: An IT professional accessed digital records of urban development projects.




Practical Tip:
Mention the exact timeframe and scope of information to avoid rejection or delays.


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2.4 Obligations of Public Authorities (Section 4)

Key Responsibilities:

1. Proactive Disclosures:
Public authorities must publish organizational details, policies, budgets, and decisions.

Example: The Ministry of Health publishes annual performance data.



2. Regular Updates:
Records must be maintained systematically and updated regularly.



Impact:

This ensures that citizens can access crucial information without filing formal RTI applications.

Practical Tip:
Check the public authority's website before filing an RTI application.


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2.5 Filing an RTI Application

Step-by-Step Process:

1. Identify the Public Information Officer (PIO) of the concerned department.


2. Draft the application, clearly stating the information sought.


3. Pay the prescribed fee (₹10 for central government; varies for states).


4. Submit the application physically, via post, or through an e-RTI portal.



Format of RTI Application:

To,  
The Public Information Officer,  
[Name of Department/Authority],  
[Address].  

Subject: Application under RTI Act, 2005.  

Respected Sir/Madam,  
I request the following information:  
1. [Specific query].  
2. [Specific query].  

Thank you.  

Yours sincerely,  
[Your Name],  
[Your Contact Information].


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2.6 Appeals and Complaints

If dissatisfied with the response, applicants can:

1. File a First Appeal to the designated appellate authority.


2. File a Second Appeal with the State or Central Information Commission.




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Chapter 3: RTI Rules, 2012

3.1 Key Provisions

1. Fee Structure:

₹10 for application (Central Government).

Additional ₹2 per page for photocopies.



2. Exemptions from Fees:

Below Poverty Line (BPL) applicants are exempted from fees.




Example:
A BPL applicant in Bihar filed an RTI to access details of food distribution under the Public Distribution System (PDS), exposing corruption