RTE - RIGHT TO INFORMATION ACT 2005
Right To information ac :(click here)
| Citation | Act No. 22 of 2005 |
|---|---|
| Territorial extent | Whole of India Also Jammu and Kashmir since August 5 2019 after Article 370 revoked |
| Enacted by | Parliament of India |
| Enacted | 15-June-2005 |
| Assented to | 22-June-2005 |
| Commenced | 12-October-2005 |
*It is the basic fundamental law to know the information from the government and private sector also
.
- Right to Information act: It is acted by the Parliament of India to which sets the rules and regulations regarding citizens to know the information.
- It replaces the previous act named as freedom of information Act 2002, under a previous act RTE act.
- By using this information act, any citizen of India may request information act from public authority"
- This law was passed by parliament in jun 05 2005.
- Implemented by 12 October 2005 .
- Right to information act is legal right for every citizen of India.
- The authorities under RTI Act 2005 are called quasi-judicial authorities.
- Information disclosure in India is restricted by the Official Secrets Act 1923 and various other special laws, which the new RTI Act relaxes. Right to Information codifies a fundamental right of the citizens of India. RTI has proven to be very useful, but is counteracted by the Whistle Blowers Protection Act, 2011
Private bodies on information act:
Private bodies are not within the Act's ambit directly. In a decision of Sarbjit Roy vs Delhi Electricity Regulatory Commission,[4] the Central Information Commission also reaffirmed that privatized public utility companies fall within the purview of RTI.[5] As of 2014, private institutions and NGOs receiving over 95% of their infrastructure funds from the government come under the Act.[6]
Political parties and authorities:
The Central Information Commission (CIC) held that the political parties are public authorities and are answerable to citizens under the RTI Act. The CIC said that six national parties - Congress, BJP, NCP, CPI(M), CPI and BSP and BJD - has been substantially funded indirectly by the Central Government and have the character of public authorities under the RTI Act as they perform public functions.[7][8] But in August 2013 the government introduced a Right To Information (Amendment) Bill which would remove political parties from the scope of the law. Currently no parties are under the RTI Act and there has a case been filed for bringing all political parties under it.[9]
Amendment act about RTE:
The Right to Information Act 2019 passed on July 25 2019[10] modified the terms and conditions of service of the CIC and Information Commissioners at the center and in states.[11] It had been criticized as watering down the independence of the information commissions[12]
Supreme Court judgement
Supreme Court of India on 13 November 2019, upheld the decision of Delhi High Court bringing the office of Chief Justice of India under the purview of Right to Information (RTI) Act.
scope:
This law is applicable for whole India.Earlier, J&K Right to Information Act was in force in the state of Jammu and Kashmir.However, after the revocation of much of Article 370 of the Constitution of India, the Union Territory of Jammu and Kashmir (and also the Union Territory of Ladakh) came under the Central Act also.
Governance and process
The Right to information in India is governed by two major bodies:
- Central Information Commission (CIC) – Chief Information commissioner who heads all the central departments and ministries- with their own public Information officers (PIO)s. CICs are directly under the President of India.
- State Information Commissions – State Public Information Officers or SPIOs head over all the state department and ministries. The SPIO office is directly under the corresponding State Governor.
State and Central Information Commissions are independent bodies and Central Information Commission has no jurisdiction over the State Information Commission.
Digital right to information systems:
A digital portal has been set up, RTI Portal, a gateway to the citizens for quick search of information on the details of first Appellate Authorities. PIOs etc. among st others, besides access to RTI related information / disclosures published on the web by various Public Authorities under the government of India as well as the State Governments
It is an initiative taken by the Department of Personal and training, Ministry of Personnel and Public Grievance and Pensions.
Intellectual property right:
Many civil society members have recently alleged the subversion of the right to information act,by the intellectual property of rights. Main points to be listed below:
 |
| Kerala state certificate on RTE |
- The right to information act dined by RBI on Demonetization citing Intellectual Property Laws.
- The Right to Information Denied by Uttar Pradesh Irrigation Department after more than 8 months of a wait on under construction Gomti Riverfront Development Project. A group of researchers requested for environment Impact and Project Report on the project which is flagged for negative impacts, tax money wastage by environmental scientists and research reports.
Indian Parliament (click here)
0 Comments