RTI, 2005

The Right to Information Act (RTI) is an Act of the Parliament of India "to provide for setting out the practical regime of right to information for citizens" and replaces the erstwhile Freedom of information Act, 2002.

The Act applies to all States and Union Territories of India except Jammu & Kashmir. Right To Information is derived from our fundamental right of freedom of speech and

expression under Article 19 of the Constitution. Under the provisions of the Act, any citizen may request information from a "public authority"

(a body of Government or "instrumentality of State") which is required to reply expeditiously or within thirty days.

The Act also requires every public authority to computerise their records for wide dissemination and to proactively certain categories of information so that the citizens need minimum recourse to request for information formally.

This law was passed by Parliament on 15 June 2005 and came fully into force on 12 October 2005.

The first application was given to a Pune police station. Information disclosure in India was restricted by the Official Secrets Act 1923 and various other

special laws, which the new RTI Act relaxes. It codifies a fundamental right of citizens.

Scope The Act covers the whole of India except Jammu and Kashmir, where J&K Right to Information

Act is in force. It cover all constitutional authorities, including the executive, legislature and judiciary; any institution or body established or constituted by an act of Parliament or a state legislature. It is also defined in the Act that bodies or authorities established or constituted by order or notification of appropriate government including bodies "owned, controlled or substantially financed" by government, or non-Government organizations "substantially financed, directly or indirectly by funds" provided by the government are also covered in the Act.

Private bodies Private bodies are not within the Act's ambit directly. In a decision of Sarbajit Roy versus Delhi

Electricity Regulatory Commission, the Central Information Commission also reaffirmed that privatised public utility companies continue to be within the RTI Act- their privatisation not withstanding.

Political parties The Central Information Commission (CIC), consisting of Satyanand Mishra, M.L. Sharma and

Annapurna Dixit, has held that the political parties are public authorities and are answerable to citizens under the RTI Act.

The CIC, a quasi-judicial body, has said that six national parties - Congress, BJP, NCP, CPI(M), CPI and BSP and BJD - have been substantially funded indirectly by the Central Government and have the character of public authorities under the RTI Act as they perform public functions.

In August 2013 the government introduced a Right To Information (Amendment) Bill which would remove poiltical parties from the scope of the law.

In September 2013 the Bill was deferred to the Winter Session of Parliament. In December 2013 the Standing Committee on Law and Personnel said in its report tabled in

Parliament.

CIC The Central Information Commission (CIC) set up under the Right to Information Act is the authorised body, established in 2005, under the Government of India to act upon complaints from those individuals who have not been able to submit information requests to a Central Public Information Officer or State Public Information Officer due to either the officer not having been appointed, or because the respective Central Assistant Public Information Officer or State Assistant Public Information Officer refused to receive the application for information under the RTI Act. The President of India, Pranab Mukherjee inaugurated the 8th Annual Convention of Central Information Commission (CIC) on 2 September 2013. Current Chief Information Commissioners Shri Rajiv Mathur retired on 23 August 2014 on attaining 65 years of age. Since then the Government of India led by Narendra Modi is yet to make an appointment for the post of Chief Information Commissioner.

1. How is Central Information Commission constituted?

1. Central Information Commission to be constituted by the Central Government through a Gazette Notification.

2. Commission includes 1 Chief Information Commissioner (CIC) and not more than 10 Information Commissioners (IC) who will be appointed by the President of India.

3. Oath of Office will be administered by the President of India according to the form set out in the First Schedule.

4. Commission shall have its Headquarters in Delhi. Other offices may be established in other parts of the country with the approval of the Central Government.

5. Commission will exercise its powers without being subjected to directions by any other authority. (S.12)

2. What is the eligibility criteria and what is the process of appointment of CIC/IC?

1. Candidates for CIC/IC must be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.

2. CIC/IC shall not be a Member of Parliament or Member of the Legislature of any State or Union Territory. He shall not hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession. (S.12)

3. Appointment Committee includes Prime Minister (Chair), Leader of the Opposition in the Lok Sabha and one Union Cabinet Minister to be nominated by the Prime Minister.

3. What is the term of office and other service conditions of CIC?

1. CIC shall be appointed for a term of 5 years from date on which he enters upon his office or till he attains the age of 65 years, whichever is earlier.

2. CIC is not eligible for reappointment. 3. Salary will be the same as that of the Chief Election Commissioner. This will not

be varied to the disadvantage of the CIC during service. (S.13)

4. What is the term of office and other service conditions of IC?

1. IC shall hold office for a term of five years from the date on which he enters upon his office or till he attains the age of sixty-five years, whichever is earlier and shall not be eligible for reappointment as IC.

2. Salary will be the same as that of the Election Commissioner. This will not be varied to the disadvantage of the IC during service.

3. IC is eligible for appointment as CIC but will not hold office for more than a total of five years including his/her term as IC. (S.13)

5. How is the State Information Commission constituted?

1. The State Information Commission will be constituted by the State Government through a Gazette notification. It will have one State Chief Information Commissioner (SCIC) and not more than 10 State Information Commissioners (SIC) to be appointed by the Governor.

2. Oath of office will be administered by the Governor according to the form set out in the First Schedule.

3. The headquarters of the State Information Commission shall be at such place as the State Government may specify. Other offices may be established in other parts of the State with the approval of the State Government.

4. The Commission will exercise its powers without being subjected to any other authority.

6. What is the eligibility criterion and what is the process of appointment of State Chief Information Commissioner/State Information Commissioners?

The Appointments Committee will be headed by the Chief Minister. Other members include the Leader of the Opposition in the Legislative Assembly and one Cabinet Minister nominated by the Chief Minister.

The qualifications for appointment as SCIC/SIC shall be the same as that for Central Commissioners.

The salary of the State Chief Information Commissioner will be the same as that of an Election Commissioner. The salary of the State Information Commissioner will be the same as that of the Chief Secretary of the State Government. (S.15)