RIGHT TO INFORMATION ACT, 2005

The Right to Information Act, enacted in 2005 is a paramount statue passed for the benefit of the public, and to ensure accountability, assumability and credibility of information, concerning government projects/statues/legislations/decisions etc,. 

This Act, derives its origin from Article 19 of the Constitution, which guarantees the right of freedom of speech and expression to all. The Act, is a successor of The Freedom of Information Act, passed in 2002, which unfortunately could not live upto its full potential due to the excessive restrictions which were imposed on it, in providing information to people. 

Although the Act, does not include the private firms or companies, from enclosing any form of information, under the purview of this Act, yet there are certain public utility private companies, which can be considered under its purview. However, under its sections, there are certain organisations, which are prevented from sharing any form information, even though they work for the State, and form of a part of the government. 

Section 6 and 7 provide the procedure in which the information can be retrieved by any Indian citizen. Sections 8 and 9 provide for the list of exempted information, which is prevented from being communicated to anyone who seeks to retrieve it. Schedule II provides the list of such information or data. 

This prohibited information maybe any court/tribunal judgment or decision, which has been prohibited to be shared by the deciding institution itself; any information which may endanger life or physical safety of any person; and lastly, any form of information which could obstruct any form of investigation procedure or apprehension or prosecution of offenders. 

If the information asked for is not being provided due to a malafide intention, or is not provided in the complete manner, or is being delayed unnecessarily etc., then penalties maybe implemented against such an organisation ranging from Rs. 250 a day, to a maximum amount of Rs. 25,000. Thee penalties have been laid down under section 18 of the Act. 

Thus, the RTI Act, tends to ensure the citizens of India, that they are not void of any information, that they require, and provides them with the means to acquire such information. This Act, makes sure that the right provided to all under article 19 of the Constitution, is executed and enacted in the correct manner, such that there is transparency and flexibility, amongst the citizens, and their elected government, and that, there is constant and clear communication of all accessible information, so that their right is not violated, in any manner.