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Central University of South Bihar

This document provides an acknowledgement and summary of a student project on the Right to Information Act 2005 submitted to Dr. Deo Narayan Singh at Central University of South Bihar, Gaya. It includes an introduction outlining the objectives and key features of the RTI Act, as well as sections on the methods for seeking information, application process, fees, exemptions, and landmark judgments. The acknowledgement expresses gratitude to the teacher for guidance on the project and various individuals who provided support and facilities.

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Gargi Upadhyaya
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0% found this document useful (0 votes)
52 views19 pages

Central University of South Bihar

This document provides an acknowledgement and summary of a student project on the Right to Information Act 2005 submitted to Dr. Deo Narayan Singh at Central University of South Bihar, Gaya. It includes an introduction outlining the objectives and key features of the RTI Act, as well as sections on the methods for seeking information, application process, fees, exemptions, and landmark judgments. The acknowledgement expresses gratitude to the teacher for guidance on the project and various individuals who provided support and facilities.

Uploaded by

Gargi Upadhyaya
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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You are on page 1/ 19

CENTRAL UNIVERSITY OF SOUTH BIHAR

GAYA

SCHOOL OF LAW & GOVERNANCE


Assignment
Right To Information
TOPIC: Salient Features of RTI Act, 2005 and special reference
to information seeking procedures

Submitted to: Submitted By- Anand Shukla


Dr. Deo Narayan Sir Course: B.A. LL.b(Hons)
Enrollment no.:CUSB1512135010

1
ACKNOWLEDGEMENT

It is a great pleasure for me to present the final draft of the project topic. I am very much obliged to my
revered teacher Mr. Mani Pratap of Central University of South Bihar, Gaya who has given me a task to
complete the project work. I am very much helped by him regarding the formation of this final project.

I express my heartfelt indebtedness to Mr. Mani Pratap who showed me the path and helped me to
understand the project topic. It was not possible for me to make the final project if I was not being
helped by him. He acted as my mentor and also a guide to help me to understand the whole of the
provision and provided me with the proper synopsis of the project work.

I would like to express my gratitude towards my parents for their kind co-operation and encouragement
which help me in completion of this final draft.

I would like to express my special gratitude and thanks to the computer lab assistant who provided me
all the facilities regarding the conditioned computer with a good wi-fi network.

My thanks and appreciations also go to my colleague in developing the project and people who have
willingly helped me out with their abilities.

2
TABLE OF CONTENTS

1. Acknowledgment.............................................................................................................4
2. Research Methodology....................................................................................................5
3. Abstract................................................................................................... …………........6
4. Introduction..................................................................................................................... 7
5. Objectives Of RTI………………………………………………………………………8
6. Features of RTI…………………………………………………………………..……8-9
7. Method of Seeking Information....................................................................................... 9
8. Request for obtaining Information.............................................................................. 9-12
9. Application to the concerned public authority............................................................... 12
10. Fees for Seeking Information.................................................................................... 13-14
11. Format of application..................................................................................................... 14
12. Filling of an appeal.................................................................................................... 14-16
13. Filling of complaints....................................................................................................... 16
14. Information exempted from disclosure...................................................................... 16-17
15. Individual withhold information from the state............................................................. 17
16. Landmark Judgment.................................................................................................. 17-18
17. Conclusion & Suggestions.......................................................................... …………..19
18. Bibliography................................................................................................................. 20

3
ACKNOWLEDGEMENTX

It is a great pleasure for me to present the final draft of the project topic. I am very much obliged to my
revered teacher Dr. Deo Narayan Singh of Central University of South Bihar, Gaya who has given me a
task to complete the project work. I am very much helped by him regarding the formation of this final
project.

I express my heartfelt indebtedness to Dr. Deo Narayan Singh who showed me the path and helped me
to understand the project topic. It was not possible for me to make the final project if I was not being
helped by him. He acted as my mentor and also a guide to help me to understand the whole of the
provision and provided me with the proper synopsis of the project work.

I would like to express my gratitude towards my parents for their kind co-operation and encouragement
which help me in completion of this final draft.

I would like to express my special gratitude and thanks to the computer lab assistant who provided me
all the facilities regarding the conditioned computer with a good wi-fi network.

My thanks and appreciations also go to my colleague in developing the project and people who have
willingly helped me out with their abilities.

RESEARCH METHODOLOGY
4
Aims and Objectives:
The aim of the project is to present a detailed study of the topic “Request for Obtaining Information
under RTI Act, 2005” forming a concrete informative capsule of the same with an insight into its
relevance in the Indian Society.

Research Plan
The researchers have followed Doctrinal method.

Scope and Limitations:


In this project the researcher has tried to include different aspects pertaining to the concept of
Obtaining information, and basics of Procedure in Right to Information Act and many others directional
topics of that.
.
Sources of Data:
The following secondary sources of data have been used in the project-
 Case Study
 Websites
 Case Laws
 Books

Method of Writing and Mode of Citation:


The method of writing followed in the course of this research project is primarily analytical. The
researcher has followed Uniform method of citation throughout the course of this research project.

ABSTRACT

5
This project aims at introducing the concept of obtaining information under RTI Act and critically
analyzing it. It deals with citizen’s right to seek such information from a public authority which is held
by the public authority or which is held under its control. This right includes inspection of work,
documents and records; taking notes, extracts or certified copies of documents or records; and taking
certified samples of material held by the public authority or held under the control of the public
authority. It is important to note that only such information can be supplied under the Act which
already exists and is held by the public authority or held under the control of the public authority. The
Public Information Officer is not supposed to create information; or to interpret information; or to
solve the problems raised by the applicants; or to furnish replies to hypothetical questions. The
information to the applicant should ordinarily be provided in the form in which it is sought. However, if
the supply of information sought in a particular form would disproportionately divert the resources of
the public authority or may cause harm to the safety or preservation of the records, supply of
information in that form may be denied.Some Information Seekers request the Public Information
Officers to cull out information from some document(s) and give such extracted information to them. A
citizen has a right to get ‘material’ from a public authority which is held by or under the control of that
public authority. The Act, however, does not require the Public Information Officer to deduce some
conclusion from the ‘material’ and supply the ‘conclusion’ so deduced to the applicant. It means that
the Public Information Officer is required to supply the ‘material’ in the form as held by the public
authority, but not to do research on behalf of the citizen to deduce anything from the material and then
supply it to him.

Introduction

6
The right to information is implicitly guaranteed by the Constitution. However, with a view to set out a
practical regime for securing information, the Indian Parliament enacted the Right to Information Act,
2005 and thus gave a powerful tool to the citizens to get information from the Government as a matter
of right. This law is very comprehensive and covers almost all matters of governance and has the widest
possible reach, being applicable to Government at all levels- Union, State and Local as well as
recipients of government grants. Democracy requires an informed citizenry and transparency of
information which are vital to its functioning and also to contain corruption and to hold governments
and their instrumentalities accountable to the governed, says the preamble of the Indian Right to
Information (RTI) Act, 2005.

The Right to Information Act, 2005 (RTI) is a Central Legislation “to provide for setting out the
particular regime of right to information for citizens”. The right to Information Bill, 2005 was passed by
the Lok Sabha on May 11, 2005 and by the Rajya Sabha on May 12, 2005 and received the assent of the
President of India on June 15, 2005 and came to force on October 12, 2005.It has replaced the Freedom
of Information Act, 2002.

This act is applicable throughout India except the state of Jammu and Kashmir. (Jammu and Kashmir
has a similar act which was enacted in 2009.) This law is very comprehensive and covers almost all
matters of governance and has the widest possible reach, being applicable to Government at all levels-
Union, State and Local as well as recipients of government grants.1

The Right to Information Act is in accord with Article 19 of the Constitution of India, which enables
Indians to exercise their fundamental Right of Speech, Expression and – as often interpreted by the
Supreme Court – “the inalienable Right to receive and impart Information”. Currently, the RTI Act in
India is passing through a decisive phase, much more needs to be done to facilitate its growth and
development.

Objectives of RTI

1
http://rti.gov.in/rticorner/guideonrti.pdf
7
Good governance has four elements- transparency, accountability, predictability and participation and
RTI helps in achieving the same.2

Right to Information is just like oxygen for democracy. It stands for transparency. Information would
lead to openness, accountability and integrity. Besides, apart from ensuring greater transparency it also
acts as a deterrent against the arbitrary exercise of public powers. A culture of individual action,
political consciousness and public spirit is the basis for the success of democracy.

“Open Government is the new democratic culture of an open society towards which every liberal
democracy is moving and our country should be no exception. In a country like India which is
committed to socialistic pattern of society, right to know becomes a necessity for the poor, ignorant and
illiterate masses.”3

Objective of the Act is to establish “the practical regime of right to information for citizens to secure
access to information under the control of public authorities, in order to promote transparency and
accountability in the working of every public authority, the constitution of a Central Information
Commission and State Information Commission and for matters connected therewith and incidental
thereto.”4

Greater Accountability: One of the brilliant features of RTI is that it makes public authorities
answerable to the general public, which strengthen the participatory democracy. Every public authorities
is required to provide reasons for its administrative and quasi-judicial decisions to the affected persons
u/s 4(1)(d) of the Act, and hence the possibility of arbitrariness reduce to the great extent.
The worldwide accepted indicators of good governance over the period of time are:5
a. Voice and accountability
b. Political stability and absence of violence
c. Government effectiveness
d. Regulatory quality
e. Rule of law
f. Control of corruption

2
First Report, Second Administrative Reforms Commission, Right To Information June 2006, Master Key to Good
Governance
3
SP Gupta v. UOI (AIR) 1982 SC (149)
4
http://rti.gov.in/rticorner/guideonrti.pdf
5
http://info.worldbank.org/governance/wgi/resources.htm
8
Greater Transparency: Rights which are provided in various sections of the Act certainly facilitates
the greater transparency in work of public authorities. For instance, under section 2(j), of the Act, a
citizen has the right to:
a. Inspection of work, documents, records
b. Taking notes extracts or certified copies of the documents or records
c. Taking certified sample of material, and
d. Obtaining information in electronic form, if available6

Under section 4(1)(d) of the Act, a public authority is required to provide reasons for its administrative
or quasi-judicial decision to the affected persons.7

The commission u/s 20(1) has power to impose penalties or to recommend disciplinary action against
the information providers, if held for being stone in path of the free flow of information. In other words,
intention of the framers of this Act is that there should not be any bottle neck in the process of free flow
of information to the citizens. The citizens are thus better informed about the performance and
contributions of the elected representatives, which augurs well for a healthy democracy and democratic
governance of projects.8

The Salient Features of the Right to Information Act, 2005

The salient features of this unique, yet path breaking legislation are as follows:

(i) The object of this Act is to promote transparency and accountability in the working of every public
authority and to strengthen the democratic republic. Democracy requires an informed citizenry and
transparency of information which are vital to its functioning and also to stop corruption and to hold
Governments and their instrumentalities accountable to the governed. It was, therefore, considered
expedient to provide information to the citizens who desire to have it.
(ii) Under section 3 of the RTI Act, every citizen of India has been given a right to information. This is
necessary for promoting transparency and accountability in the working of every public authority.
Without adequate information, a citizen cannot form an informed opinion. Democracy cannot survive
without free and fairly informed citizens. The Supreme Court of India has held that the right to
information is a fundamental right, which is covered under 'freedom of speech and expression',

6
section 2(j), The Right to Information Act, 2005
7
section 4(1)(d), The Right to Information Act, 2005
8
section 20(1), The Right to Information Act, 2005
9
guaranteed under Article. 19(l)(a) of the Constitution. Before passing of this Act, the Supreme Court has
already laid down in many cases that a citizen has a right to receive information regarding matters of
public concern, and that citizens have the right to know about the affairs of the Government, which,
having been elected by them, seek to formulate sound policies of governance aimed at their welfare.

( iii ) In Union of India v. Association for Democratic Reforms, the Supreme Court held that a voter has
a right to know about the antecedents of his candidate as a part of his right under Article. 19(l)(a). Public
in general has a right know the circumstances under which their elected representatives got allotment of
retail outlets, distributorships and dealerships of petroleum products. This right is different from right to
information about public affairs or right to receive information through press or electronic media. One-
sided information, disinformation, misinformation and non-information will equally create an
improperly informed citizenry, which makes democracy a farce, as democracy requires properly
informed citizens who can make positive contributions in governance.

(iv) In order to give information to the citizens, section 4 has made it obligatory for every public
authority to maintain all its records properly that is, the records should be properly catalogued and
indexed in a manner and in a form which facilitates the right to information under this Act. All records
should be computerized and connected through a network all over the country on different systems so
that access to such records is facilitated. It shall be a constant endeavor of every public authority to take
steps to provide as much information suo moto to the public at regular intervals through various means
of communications, including internet, so that the public have minimum resort to the use of this Act to
obtain information. 9

(v) Section 5 of this Act has laid down that every Public Authority shall designate as many officers as
Central or State Public Information Officers and Central or State Assistant Public Information Officers
in all administrative units or offices under it as may be necessary to provide information to persons
requesting for the information or appeals under this Act.10

(vi) In order to obtain information, section 6 provides that every citizen shall make a request in writing
or through electronic means to the Central or State Public Information Officer or to the Central or State
Assistant Public Information officer specifying the particulars of the information sought by him along

9
section 4, The Right to Information Act, 2005
10
section 5, The Right to Information Act, 2005
10
with such fee as may be prescribed. Different fees as well as different modes of payment have been
prescribed by the Centre and the States.11

(vii) Section 7(6) lays down an important condition that the person making request for the information
shall be provided the information free of charge where a public authority fails to comply within the time
limit. The Central or State Public Information Officer shall supply information within 30 days and if the
Central or State Assistant Public Information Officer has received the application, the information must
be supplied within 35 days. Where the information sought for concerns the life or liberty of a person, the
same shall be provided by the Central or State Public Information Officer within forty-eight hours of the
receipt of the request. 12

(viii) Sections 8 and 9 respectively have exempted certain information from disclosure. There shall be
no obligation to give any citizen, information, disclosure of which would prejudicially affect the
sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State,
relation with foreign state or lead to incitement of an offence. Even if any information is exempt from
disclosure, section 10 says the concerned Officer may provide access to that part of the record, which
does not contain any information which is exempt from disclosure under this Act and which can
reasonably be severed from any part that contains exempt information.13

( ix) If the information relates to any third party and such third party has treated it as confidential, and
the Central or State Public Information Officer intends to disclose any information or record, or part
thereof on a request made under this Act, he may, within five days of the receipt of the request, give a
written notice and invite the third party to make a submission in writing or orally, regarding whether the
information should be disclosed, and such submission of the third party shall be kept in view while
taking a decision about disclosure of information.

Method of Seeking Information

A citizen who desires to obtain any information under the Act, should make an application to the Public
Information Officer of the concerned public authority in writing in English or Hindi or in the official
language of the area in which the application is made. The application should be precise and specific.
He should make payment of application fee at the time of submitting the application as prescribed in the
11
section 6, The Right to Information Act, 2005
12
section 7, The Right to Information Act, 2005
13
sections 8,9,10, The Right to Information Act, 2005
11
Fee Rules. The applicant can send the application by post or through electronic means or can deliver it
personally in the office of the public authority. The application can also be sent through an Assistant
Public Information Officer. 14

Request for obtaining information

1. A person, who desires to obtain any information under this Act, shall make a request in writing or
through electronic means in English or Hindi in the official language of the area in which the application
is being made, accompanying such fee as may be prescribed, to—
A. the Central Public Information Officer or State Public Information Officer, as the case may be, of
the concerned public authority;
B. the Central Assistant Public Information Officer or State Assistant Public Information Officer, as
the case may be, specifying the particulars of the information sought by him or her: Provided that where
such request cannot be made in writing, the Central Public Information Officer or State Public
Information Officer, as the case may be, shall render all reasonable assistance to the person making the
request orally to reduce the same in writing.

2. An applicant making request for information shall not be required to give any reason for requesting
the information or any other personal details except those that may be necessary for contacting him.

3. Where an application is made to a public authority requesting for an information,—


A.  which is held by another public authority;
B. the subject matter of which is more closely connected with the functions of another public
authority, the public authority, to which such application is made, shall transfer the application or such
part of it as may be appropriate to that other public authority and inform the applicant immediately
about such transfer: “Provided that the transfer of an application pursuant to this sub-section shall be
made as soon as practicable but in no case later than five days from the date of receipt of the
application.15

Application to the Concerned Public Authority

14
section 6, The Right to Information Act, 2005
15
section 6, The Right to Information Act, 2005
12
The applicant should make application to the concerned public authority. It is advised that he should
make all efforts to ascertain as to which is the public authority concerned with the information and
should send application to the Public Information Officer of that public authority.

It is observed that some applicants seek information in respect of many subjects by way of one
application. It creates problem for the Public Information Officer as well as the applicant. The applicant
should, therefore, see to it that by way of one application, he seeks information in respect of one subject
only.

Fee for Seeking Information

A person who desires to seek some information from a public authority is required to send, along with
the application, a demand draft or a banker’s cheque or an Indian Postal Order of Rs. 10/- (Rupees ten),
payable to the Accounts Officer of the public authority as fee prescribed for seeking information. The
payment of fee can also be made by way of cash to the Accounts Officer of the public authority or to the
Assistant Public Information Officer against proper receipt.

The applicant may also be required to pay further fee towards the cost of providing the information,
details of which shall be intimated to the applicant by the PIO as prescribed by the Right to Information
(Regulation of Fee and Cost) Rules, 2005. Rates of fee as prescribed in the Rules are given below:

(a) rupees two (Rs. 2/-) for each page ( in A-4 or A-3 size paper) created or copied;

(b) actual charge or cost price of a copy in larger size paper;

(c) actual cost or price for samples or models;

(d) for information provided in diskette or floppy, rupees fifty (Rs. 50/-) per diskette or floppy; and

(e) for information provided in printed form, at the price fixed for such publication or rupees two per
page of photocopy for extracts from the publication.16

As already pointed out, a citizen has a right to inspect the records of a public authority. For inspection of
records, the public authority shall charge no fee for the first hour. But a fee of rupees five (Rs. 5/-) for
each subsequent hour (or fraction thereof) shall be charged.

16
section 6, The Right to Information Act, 2005
13
If the applicant belongs to below poverty line (BPL) category, he is not required to pay any fee.
However, he should submit a proof in support of his claim to belong to the below poverty line. The
application not accompanied by the prescribed fee of Rs. 10/- or proof of the applicant’s belonging to
below poverty line, as the case may be, shall not be a valid application under the Act. It may be pointed
out that there is no bar on the public authority to supply information in response to such applications.
However, provisions of Act would not apply to such cases.

Format of Application

There is no prescribed format of application for seeking information. The application can be made on
plain paper. The application should, however, have the name and complete postal address of the
applicant. Even in cases where the information is sought electronically, the application should contain
name and postal address of the applicant.

Filing of Appeal

An applicant can file an appeal to the first appellate authority if information is not supplied to him
within the prescribed time of thirty days or 48 hours, as the case may be, or is not satisfied with the
information furnished to him. Such an appeal, should be filed within a period of thirty days from the
date on which the limit of 30 days of supply of information is expired or from the date on which the
information or decision of the Public Information Officer is received. The appellate authority of the
public authority shall dispose of the appeal within a period of thirty days or in exceptional cases within
45 days of the receipt of the appeal.

If the appellate authority fails to pass an order on the appeal within the prescribed period or if the
appellant is not satisfied with the order of the first appellate authority, he may prefer a second appeal
with the Information Commission within ninety days from the date on which the decision should have
been made by the first appellate authority or was actually received by the appellant.

The appeal made to the Central Information Commission should contain the following information:

(i) name and address of the appellant;

(ii) name and address of the Public Information Officer against the decision of whom the appeal is
preferred;
14
(iii) particulars of the order including number, if any, against which the appeal is preferred;

(iv) brief facts leading to the appeal;

(v) if the appeal is preferred against deemed refusal, particulars of the application, including number and
date and name and address of the Public Information Officer to whom the application was made;

(vi) prayer or relief sought;

(v) grounds for prayer or relief;

(vi) verification by the appellant; and

(vii) any other information, which the Commission may deem necessary for deciding the appeal.

The appeal made to the Central Information Commission should be accompanied

by the following documents:

(i) self-attested copies of the orders or documents against which appeal is made;

(ii) copies of the documents relied upon by the appellant and referred to in the appeal; and

(iii) an index of the documents referred to in the appeal. 17

Filing of Complaints

A person can make a complaint to the Information Commission if he is unable to submit a request to a
Public Information Officer either by reason that such an officer has not been appointed by the concerned
public authority; or the Assistant Public Information Officer has refused to accept his or her application
or appeal for forwarding the same to the Public Information Officer or the appellate authority, as the
case may be; or he has been refused access to any information requested by him under the RTI Act; or
he has not been given a response to a request for information within the time limit specified in the Act;
or he has been required to pay an amount of fee which he considers unreasonable; or he believes that he
has been given incomplete, misleading or false information.

Information Exempted from Disclosure


17
section 19, The Right to Information Act, 2005
15
Sub-section (1) of section 8 and section 9 of the Act enumerate the types of information which is
exempt from disclosure. Sub-section (2) of section 8, however, provides that information exempted
under sub-section (1) or exempted under the Official Secrets Act, 1923 can be disclosed if public
interest in disclosure overweighs the harm to the protected interest.

The information which, in normal course, is exempt from disclosure under sub-section(1) of Section 8
of the Act, would cease to be exempted if 20 years have lapsed after occurrence of the incident to which
the information relates.

However, the following types of information would continue to be exempt and there would be no
obligation, even after lapse of 20 years, to give any citizen:

(i) information disclosure of which would prejudicially affect the sovereignty and integrity of India, the
security, strategic, scientific or economic interest of the State, relation with foreign state or lead to
incitement of an offence;

(ii) information the disclosure of which would cause a breach of privilege of Parliament or State
Legislature; or

(iii) cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other
Officers subject to the conditions given in proviso to clause (i) of sub-section(1) of Section 8 of the
Act.18

Individual withhold Information from the State

A person accused of an offence punishable by law can refuse to give information about the offence since
the constitution provides that one cannot be compelled to give evidence against oneself. It was held that
domiciliary visits to the house of an ex-convict could be allowed only in extremely rare cases.

In Neera Mathur v LIC19, the Supreme Court held that women applicants for jobs could not be asked
to give information about their menstrual cycles in response to a questionnaire required to be filled in by
such applicants. The right to privacy, however, cannot be raised as a defence by a public servant in
respect of one's public functions.

LANDMARK JUDGEMENTS

18
section 8, The Right to Information Act, 2005
19
1992 AIR 392
16
Dealing directly with 'Right to Know' or Right to Information, the Apex Court or the Supreme Court of
India has held on various occasions that it is a fundamental right of the people covered under Articles
19(a), 14 and 21 of the Constitution. Moving forward in the same direction the Court in Union of India
v Association for Democratic Reforms20, held that voter's right to know antecedents including criminal
past of a candidate to membership of Parliament or Legislative Assembly is also a fundamental right.
Court observed that voter's speech and expression in case of election would included casting of vote and
for this purpose information about candidate to be selected is a must. In this case the Supreme Court had
further directed the Election Commission to acquire information about crime and property and education
status of the candidate as a part of nomination paper. Subsequently Parliament amended the
Representation of People (Third Amendment) Act, 2002 by which a candidate was required to
supply information about his conviction in a criminal case, however, he was not required to give
information about his assets and education. Declaring the amendment as illegal, null and void as
violative of voter's fundamental right to know under article 19(1)(a), the Court held in People's Union of
civil liberties v Union of India, held that the information allowed by the Amendment Act, 2002 is
deficient in ensuring free and fair elections which is the basic structure of the Constitution. Similarly,
Court in the case of Onkar Lal Bajaj v Union of India, held that people have a right to know the
circumstances under which their representatives got allotment of petroleum retail outlets.

Holding that the right to life has reached new dimensions and urgency, the Supreme Court in R.P. Ltd.
v Proprietors Indian Express Newspapers, Bombay Pvt. Ltd.21, observed that if the democracy had
to function effectively, people must have a right to know and to obtain information about the conduct of
affairs of the State.

The Apex Court in Essar Oil Ltd. v Ilalar Utkarsh Samiti22, said that there was a strong link between
Article 21 and the right to know, particularly where "secret Government decisions may affect health, life
and livelihood." The case related to the grant of permission by the State of Gujarat to the appellant to lay
the pipelines carrying oil through the Marine National Park and Sanctuary. The respondents, by way of
PIL, had challenged the State decision and contended that the Government before granting permission,
should have asked for and obtained an environmental impact report from expert bodies and be satisfied
that the damage which might be caused to the environment, was not irreversible and that the applicant
should publish its proposal so that public, particularly those who were likely to be affected, be made
aware of the proposed action. Reiterating with approval the observations made in Reliance
Petrochemicals Ltd. v Proprietors of Indian Express Newspapers, the Court ruled that the citizens,
20
WP[C] 294 OF 2001
21
(1998) 4 SCC 592
22
Appeal[c] 352-353 of 2004
17
who had been made responsible to protect the environment, had a right to know the government
proposal. In this chapter we shall examine the view of the Apex Court in matter of right to information.

CONCLUSION

Freedom of information has many benefits. It facilitates people's participation in public affairs by
providing access to relevant information to the people who are then empowered to make informed
choices and better exercise their democratic rights. It enhances the accountability of government,
improves decision-making, enhances government credibility, and provides a powerful aid in the fight
against corruption. RTI is a key to livelihood and development issue, especially in situations of poverty
and powerlessness.

The significance of access to information lies in the fact that in a true democracy no person should feel
helpless or powerless because she/he is not able to access to information. It is a right of a common
person, whether poor or illiterate, to know whether the Government is fulfilling its responsibility or
whether its policies are pro-people or not or if these policies being implemented honestly or not. Giving
people access to information is like placing power in people's hand. Even the oppressed and vulnerable
can utilize information in a manner to benefit their cause. For instance, information helps a poor person
to know, what is the basic minimum wage she/he is entitled to after a day of work and can demand for
it?

RTI becomes important in the present situation when developing countries like India are adopting new
economic policies of liberalisation, privatization and globalisation. The situation requires that people
should be informed about issues democracy can function effectively if people are kept informed about

18
current affairs and broad issues- political, social and economic that directly or indirectly affects them. It
is through RTI Act that people can legally claim their right to know as well may realize other rights.

Bibliography:

A. Websites :

1. http://indiankanoon.org/
2. www.wikipedia.com/rti_act.
3. http:/casemine.org/
4. www.shoneekapoor.com
5. http:/legaldesire.in
6. http:/rtionline.gov.in
7. http:/onlinertiapplication.com/
8. www.rtifoundationofindia.com/

B. Articles :

1. Dr. Vinay n. Pranjape, Right to Information Law in India, First Edition-2013


2. Salient features of the RTI Act and its Judicial Interpretation, by HRLN
3. RTI Act, 2005

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