Right to Information in the Administration

The Right to Information Act, 2005 was brought by the UPA government in 2005.

The Act empowers the citizens, promotes transparency and accountability in the working of the Government, combat corruption and make the democracy work for people in real sense. 

The Act aims at creating an informed citizenry which would be better equipped to keep necessary vigil on the instruments of governance and make the government more accountable to the governed. 

The Act gives all the citizens the right to seek information held by any authority or body or institution of self government established or constituted:

-by or under the Constitution; or 

-by any other law made by the Parliament or a State Legislature; or 

-by notification issued or order made by the Central Government or a State Government. 

Bodies owned, controlled or substantially financed by the Central Government or a State Government and non-Government organizations substantially financed by the Central Government or a State Government also fall within the definition of public authority. 

The financing of the body or the NGO by the Government may be direct or indirect. 

The right includes:

-inspection of work, documents and records; 

-taking notes, extracts or certified copies of documents or records, 

-taking certified samples of material held by the public authority or held under the control of the public authority. 

It also includes information relating to any private body which can be accessed by the public authority under any law for the time being in force. 

There are some categories of information which each public authority is required to publish suo motu.

How to Get Information

One has to simply make a request to the Public Information Officer of the office indicating the information sought and the address at which the information is required. 

The request can be sent either by post or submitted in person in Hindi, English or in the official language of the area and can also be sent through e-mail. 

If the applicant does not get the information within 30 days or the applicant is not satisfied with the reply given to him, he can make an appeal within 30 days to the appellate authority appointed by the authority who is an officer superior to the Public Information Officer. 

The appellate authority has to decide the appeal within 30 days of the receipt of appeal. 

If the applicant is not satisfied even with the decision of the appellate authority, he can file a second appeal with the Central Information Commission or the State Information Commission, as the case may be within 90 days. 

The Central Information Commission entertains appeals in respect of offices, financial institutions, public sector und ertakings, etc. under the Central Government and the union territories and a State Information Commission deals with the appeals pertaining to offices, financial institutions, public sector undertakings, etc. under the concerned State Government. 

The Central Information Commission/State Information Commissions are high-powered independent bodies created by the Act, and they can impose penalty on the defaulting Public Information Officers. 

This comprehensive law covers almost all levels of governance, and are applicable not only to Union, State and Local Governments but also to the recipients of Government grants. 

Access to information under this Act is extensive with minimum exemptions. The Right to Information Act has converted the prevailing culture of secrecy into culture of openness and transparency in the working of the Government.