Right to Information

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Right to Information Right to information is implicitly guaranteed by the constitution. Indian Parliament enacted the right to Information Act 2005 and this gave a powerful tool to the citizens to get information from the government as the matter of right. The free flow of information is must for a democratic society in particular as it helps the society to flourish. Constitutional aspect of Right to Information . Article 19(1)(a) of the constitution guarantees the fundamental rights to free speech and expression. The pre-requisites for enjoying the right is knowledge and information. The absence of authentic information on matters of public interest will only encourage rumors and speculations. Therefore, Right to Information becomes a constitutional right being an aspect of right to free speech and expression which the right to collect and receive information. This will also help citizens to perform their fundamental duties set out in Article 51A of the constitution. A fully informed citizen will certainly be better equipped for the performance of these duties and to keep necessary vigil on the instruments of governance and make government more accountable. As no right can be absolute, Right to Information has its own limitations. The usual exemption permitting Government to withhold access to information is generally in respect of these duties. 1. International relations and national security 2. Law enforcement and prevention of crime 3. Internal deliberations of the government 4. Information obtained in confidence from source outside the government

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Right to Information

Transcript of Right to Information

Right to InformationRight to information is implicitly guaranteed by the constitution. Indian Parliament enacted the right to Information Act 2005 and this gave a powerful tool to the citizens to get information from the government as the matter of right. he free !ow of information is must for a democratic society in particular as it helps the society to !ourish. Constitutional aspect of Right to Information. Article "#$"%$a% of the constitution guarantees the fundamental rights to free speech and e&pression. he pre're(uisites for en)oying the right is *nowledgeand information. he absence of authentic information on matters of public interest will only encourage rumors and speculations. herefore+ Right to Information becomes a constitutional right being an aspect of right to free speech and e&pression which the right to collect and receive information. his will also help citizens to perform their fundamental duties set out in Article 5"A of the constitution. A fully informed citizen will certainly be bettere(uipped for the performance of these duties and to *eep necessary vigil on the instruments of governance and ma*e government more accountable.As no right can be absolute+ Right to Information has its own limitations. he usual e&emption permitting ,overnment to withhold access to information is generally in respect of these duties.". International relations and national security2. -aw enforcement and prevention of crime.. Internal deliberations of the government/. Information obtained in con0dence from source outside the government5. Information about scienti0c discoveries and improvement especially in 0eld of weapons.Right to information Act,2005In order to ensure greater and more e1ective access to information+ it was decided to repeal the freedom of information+2002 and enact another law forproviding an e1ective framewor*. o achieve this ob)ect+ Right to information2ill was introduced in Parliament and was pass3 in -o* 4abha on ""th 5ay 2005 and by Ra)ya 4abha on "2th 5ay 2005. It received the assent on "5th 6une 2005. It came on the statute boo* as 7he Right to Information Act 20058.The right to information Act 2005 provides efective access to information for citizens of India which is under control of public authorities. Basic objectives". o empower the citizens 2. o promote transparency and accountability in the wor*ing of the,overnment... 5a*e Indian democracy wor* for people in real sense. A citizen has a right to see* information from public authority which is held by public authority or which is held under its control. he right includes inspection of wor*+ documents and records+ ta*ing notes+ e&tracts or certi0edcopies of documents or records held by the public authority or held under thecontrol of public authority. he Public Information 9:cer $PI9% should not create information or interpret information. Information which already e&ists can only be supplied. Free of seeing information A person see*ing information is re(uired to send+ along with the application+ demand draft or a ban*er8s che(ue or an Indian Postal 9rder of Rs "0;' payable to the accounts o:cer of the public authority. he payment can be made also in cash to the accounts o:cer against proper receipt. ost Rules+2005 + the applicant may be also re(uired to pay further fee towards the cost of providing information+ details of which shall be intimated to the applicant by the PI9. Rates of the fees as prescribedin the rules are ?'$a% rupees two $Rs. 2;'% for each page $ in A'/ or A'. 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 dis*ette or !oppy+ rupees 0fty $Rs. 50;'% per dis*ette or !oppy$e% for information provided in printed form+ at the price 0&ed for such publication or rupees two per page of photocopy for e&tracts from the publication. As already pointed out+ a citizen has a right to inspect the records of a publicauthority. =or inspection of records+ the public authority shall charge no fee for the 0rst hour. 2ut a fee of rupees 0ve $Rs. 5;'% for each subse(uent hour $or fraction thereof% shall be charged. If the applicant belongs to below poverty line $2P-% category+ he is not re(uired to pay any fee. Aowever+ he should submit a proof in support of his claim to belong to the below poverty line. Part I here is no prescribed format of application for see*ing information. he application can be made on plain paper. he application should+ however+ have the name and complete postal address of the applicant. Information to an applicant shall be supplied within .0 days from the receipt of application by the public authority. If information sought concerns the life or liberty of a person+ it shall be supplied within /B hours. In case the application is sent through the Assistant Public Information 9:cer or it is sent to a wrong public authority+ 0ve days shall be added to the period of thirty days or /B hours+ as the case may be.Right to ShelterRight to 4helter is a part of 7Right to -ife8 under Article 2" of the >onstitution. 4helter is a suitable accommodation which would allow a human being to grow in every aspect physically+ mentally+ intellectually and spiritually. Right to shelter therefore includes ade(uate living space+ safe and decent structure +clean and decent surroundings+ su:cient lights+ pure air and water+ electricity+ sanitationand other civic amenities li*e roads etc so as to have easy access to his daily avocation. =or this provision the government has launched?'Indira Awas Co)na+ Ra)iv Awas Co)na+ 4amagra Awas Co)na+ Integrated Aousing and 4lum Development Programme etc.Right to Work he Indian >onstitution refers to the right to wor* under the 7Directive Principles of 4tate Policy8. Article .# urges the state to ensure that the citizens+ men and women e(ually have the right to an ade(uate meansto livelihood and there is e(ual pay for e(ual wor* for both men and women. =urther+ Article /" stresses that 7the state shall within the limits of its economic capacity and development+ ma*e e1ective provisions for securing right to wor*.E he Right to For* states that everyone should be given opportunity to wor* for a basic living wage. Article .B and /. of the constitution insiste that the state should endeavor to 0nd out su:cient wor* for the people so that they may put their capacity to wor* into economic use and earn a fairly good lining.