Introduction
Every person has a fundamental right to freedom of speech and expression under Article 19(1) (a) of the Indian Constitution. Everyone has the right to express their views and opinions without any unreasonable hurdle. Though this right is not absolute and comes with reasonable restrictions. The right to information act, 2005 provides for setting out the practical regime of right to information for citizens. This secures access to information under the control of public authorities. It promotes the working of every public authority, the constitution of a Central Information Commission and State Information Commission.
In the case of State of UP vs Raj Narian, 1975 AIR 865 the Supreme Court in its judgment said that ‘right to know corresponds with the Article 19 which states the right to freedom of speech and expression guaranteed under the Constitution of India’.
Information [section-2(f)]
As per section 2(f), information means any material held in any electronic form and information relating to any private body. Which is accessible by a public authority under any other law for the time being in force.
Right to Information [section-2(j)]
As per the Act, Section 2(j) right to information means access to information of any public authority and includes the right to:
- Inspection of works, document, records
- Taking notes, extracts, or certified copies of documents or records
- Taking certified samples of material
- Obtaining information in the form of electronic mode or through printouts where such information is stored in a computer or in any other device
Public Authority
As per the Act, ‘Public Authority’ means any authority instituted under the Constitution, by Parliament, by the State Legislature, or by the order of Appropriate Government.
Section 3 of the Act says that all citizens shall have the right to information.
Essentials for Filing RTI Application:
- The person who wants to file an RTI must be a citizen of India.
- The application must contain the details of the information sought from the government authority.
- The details of the person filing the RTI application; such as name and address must be mentioned in the RTI application.
All the public authorities shall publish within 120 days a record of all the information; related to the authority in any way, their powers, and duties, remuneration, budgets, different norms, etc.
Every public authority, shall within 100 days of the enactment of the act, will appoint as many numbers of officers as Central Public Information Officer and State Public Information Officer, in all administrative units or offices under it as may be necessary to provide information to the person requesting for the information.
Filing of Application
A person, who wants to obtain any information under this Act, shall make an application to the Central Public Information or State Public Information. One can make the application in writing or through electronic means. The application may be made in English or Hindi or in the official language of the area in which the application is being made; accompanying such fee as may be prescribed.
Central Information Commission or State Information Commission
For the division of work, there are the Central Information Commission and State Information Commission, for every state. It shall be the duty of every Central Information Commission and State Information Commission to receive and inquire into a complaint from any person, who has been unable to submit a request to a Central Public Information Officer or State Public Information Officer either by a reason that no such officer has been appointed under the act or they have refused to accept his or her application for information.
The Act empowers every citizen to get information with regard to any activities, decisions, or projects undertaken by the government.
Conclusion
The preamble of the Indian Constitution states that India is a Democratic Country where ‘the people of India’ are treated as masters. And, every person has the right to express his views with the power that the problems and opinions will be heard and will be settled. The right to information is the basis of the right to free speech and expression. People will not speak or express themselves unless they know what to speak. The people have the right to know the means of serving and functioning adopted by the Governments. Therefore, Article 19 of the Constitution of India contains the right to information.
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