Introduction

Every citizen of India has a right to free speech and expression under Article 19(1)(a) of the Constitution of India. This right does not only cover the communication of information but also the receipt of information since without adequate information, a person cannot form an informed opinion. Thus, the right to know and seek information is an integral part of the fundamental right enshrined under Article 19(1)(a). The Hon’ble Supreme Court has also held that the right of the citizens to know and receive information regarding matters of public concern is a fundamental right flowing from Article 19(1)(a).

Objectives of the Right to Information Act, 2005

1. To provide a practical framework that allows citizens to access the information under the control of public authorities.
2. To promote transparency and accountability in the working of governments and their instrumentalities.
3. To provide for the constitution of Information Commissions at the state and national levels for discharging the functions and exercising the powers under the Act.
4. To develop an informed citizenry.
5. To contain corruption.
6. To lay down the exemptions to disclosure of information when such disclosure is likely to conflict with other public interests and to harmonize these conflicting interests while preserving the paramountcy of the democratic ideal.

Important provisions under the Right to Information Act, 2005

• Section 2(h): Public authorities mean all authorities and bodies under the union government, state government, or local bodies. Civil societies that are substantially funded, directly or indirectly, by public funds also fall within the ambit of RTI.
• Section 4 1(b): Government has to maintain and proactively disclose information.
• Section 6: Prescribes a simple procedure for securing information.
• Section 7: Prescribes a time frame for providing information(s) by PIOs.
• Section 8: Only minimum information is exempted from disclosure.
• Section 8 (1) mentions exemptions against furnishing information under the RTI Act.
• Section 8 (2) provides for disclosure of information exempted under the Official Secrets Act, 1923 if the larger public interest is served.
• Section 19: Two-tier mechanism for appeal.
• Section 20: Provides penalties in case of failure to provide information on time, incorrect, incomplete or misleading, or distorted information.
• Section 23: Lower courts are barred from entertaining suits or applications. However, the writ jurisdiction of the Supreme Court of India and high courts under Articles 32 and 226 of the Constitution remains unaffected.

1. The Right to Information Act has not achieved its full objectives due to some impediments created due to systematic failures. It was made to achieve social justice, and transparency and to make an accountable government.
   
2. This law provides us with a priceless opportunity to redesign the processes of governance, particularly at the grassroots level where the citizens’ interface is maximum.
3. It is well recognized that the right to information is necessary, but not sufficient, to improve governance. A lot more needs to be done to usher in accountability in governance, including the protection of whistleblowers, decentralization of power, and fusion of authority with accountability at all levels.
   
4. As observed by Delhi High Court that misuse of the RTI Act has to be appropriately dealt with; otherwise the public would lose faith and confidence in this “sunshine Act”.