OBJECTIVES

 

The soul objective of the Right To Information Act 2005 is as following:

 

An Act to provide for setting out 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 Commissions and for matters connected therewith or incidental thereto.

 

Above statement articulated as a soul objective in the Act includes the following objectives / points:

 

Ø To setup the practical regime:

 

However, article 19(1)(a) of the India’s constitution provides “Freedom of Expression”,  as a  Fundamental Right and as well as in the  matter of State of UP v Raj Narain(1975)4 SCC 428, Supreme Court of India has already declared “Right To Know” as a fundamental Right under article 19(1)(a). It means to know the information any one can approach to the High Court or Supreme Court directly, but this efforts was not enough to avail the information properly and systematically as well as uncertainty was their regarding its applicability which was creating ambiguous situation and facing difficulties to avail the information from the various agencies of government and non-government organizations. Therefore in order to provide systematic and concrete mechanism Parliament of India enacted “Right To Information Act 2005” which facilitate the citizen to avail all kind of information with reasonable restriction mentioned as a general and specific exception under Section 8, 9, and 24 of the same Act.

 

Ø For citizens:

 

According to Section 3 of RTI Act only citizen of India is eligible to file the application for any information subject to this Act but the guideline issued by Ministry of Personnel, Public Grievances & Pensions Department of Personnel  & raining,  through their letter No.1/69/2007-IR dated 27th February 2008, directs that, if any RTI Application filed on the behalf of organization, in such case, instead of rejection that should be accepted as a personal application on the behalf of that name of the person mentioned in the RTI Application.

 

Ø to secure access to information under the control of public authorities,

 

Definition of Public Authority articulated in Section 2(h) of RTI Act includes all the governmental organizations, and as well as , those Non Governmental Organizations substantially financed by the Government but Act doesn’t revealed the percentage of financial aids for this purpose which raise the ambiguous situation and dependability on the court’s decision.

The expression “ under the control of public authority” which is perused in final part of the Section 2(f) while defining the word “Information” that, “information relating to any private body, which can be accessed by a public authority under any other law for the time being in force” means citizen can access the information which is directly related to the activities of that Public Authority as well as those information regarding private body which is held by that Public authority. So in this way indirectly citizen can access the information related to the private bodies from the government offices who are authorised to control or monitor them, or connected in any way under any other laws for the time being in force.

 

Ø To promote transparency and accountability in the working of every public authority,

 

This Act ensure to eradicate the any type of corruption in Public Authority by providing mandatory obligation to the Public Authority to make ensure to disseminate the information sought by the Indian citizen within a certain time period with nominal fee,. As well as Section 4 impose Public authority to maintain and provide access all the information specified in the Section  4(b) by applying suo motu (self initiative) action. So, due to the mandatory dissemination of information in the accessible format  definitely transparency and accountability can established because that information not only help to aware the puple as well as could admit as a evidence in any legal procedure.

 

Ø The constitution of a Central Information Commission and State Information Commissions:

 

To provide the proper remedy with objectivity state and central commissions has been established seperatly by this Act  (Refer Chapter 3 & 4 respectively). In such Commissions Second Appeal and Complaint can be filed by citizen without any fee. The status of Chief Commissioners and other Commissioners are same as the Chief and other Election Commissioners respectively.

 

Ø Matters connected to Public Authority or incidental thereto:

 

This is the first Act in India which provides the controlling power to the citizen in which Public Authorities are compelled to disseminate the information which is either directly or indirectly connected to them. Even if sought information is not belongs to particular Public Authority, in such case, that Public Authority is compelled to transfer to the relevant Public Authority instead of rejection.