SC Notice to centre on compliance of RTI clause on info-sharing

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Last Updated22/01/2022

The SC sought an explanation on a PIL from the central government on why Section 4 of the Right to Information Act was not being implemented in earnest.
The PIL claimed that Section 4(2) casts an obligation on public servants to share all official information but the section is not being followed in spirit.

It establishes the rules and procedures for citizens' access to information.
It replaced the previous Freedom of Information Act of 2002.
This legislation was passed to strengthen the fundamental right of 'freedom of speech' guaranteed by the Indian constitution.
RTI is an implied fundamental right because it is enshrined in Article 19 of the Indian Constitution, which guarantees freedom of speech and expression.
The Act also provides for appointment of Information Commissioners at Central and State level.
Appointment of Public Information Officer by the Public authorities who are responsible to provide information to a person seeking information under the RTI Act.
In normal course, information to an applicant is to be supplied within 30 days from the receipt of application by the public authority.
Private bodies are not within the Act’s ambit directly.

Section 4: Each public authority must suo motu disclose information.
Section 8(1): mentions exemptions from providing information.
Section 8(2): Under the Official Secrets Act of 1923, If a greater public interest is served, it allows for exemptions regarding revelation of information.

Non-serious information seekers using it for their own personal gain rather than the public good.
In India, people especially women, SCs, STs etc are mostly unaware of their rights and responsibilities.
Huge Backlog and Delay in Disposal of Cases due to insufficient manpower capacity CIC, SIC office.
Dilution of law by vesting excessive powers with the central government, through RTI Act (Amendment) Act, 2019.
Exemptions provided under restrictive legislations, such as the Official Secrets Act, 1923.

Increasing Public Awarenes through Radio, Television and Print Media in various regional languages across the length and breadth of country.
Balancing the issue of privacy with RTI as this right is enshrined within the Article 21 of the Constitution.
Preventing the misuse of RTI through provision of penalty if demanding information which is not in public interest.
Compliance with all the sections of RTI Act in letter and spirit.