Introduction
Welcome to the official blog of the Law Offices of Kr. Vivek Tanwar Advocate and Associates, where we are dedicated to providing litigation support services for matters related to RTI. In today’s blog post, we aim to shed light on the prevailing issues surrounding RTI, the legal framework in place for their protection, and the steps we can take as a society to combat these acts. Join us as we explore this critical subject and empower you with the knowledge to protect your rights and safety.
What Is RTI Act, 2005?
The Right to Information (RTI) Act, enacted in 2005, has been a significant milestone in India’s journey towards transparency and accountability in governance. Under this legislation, citizens have the right to access information held by public authorities, thereby empowering them to actively participate in the democratic process. The Supreme Court of India, as the custodian of justice and the protector of citizens’ rights, has played a crucial role in upholding and expanding the scope of the RTI Act.
What Is RTI Under the Constitution Of India?
RTI stands for the Right to Information. It is a fundamental right under the Constitution Of India derived from the broader right to freedom of speech and expression guaranteed by Article 19(1)(a) of the Constitution. Under the Right to Information Act, citizens have the right to request information from public authorities and receive a response within a specified time frame. The Act covers central, state, and local government bodies, as well as organizations that receive government funding. It allows individuals to obtain information on government policies, decisions, expenditures, and other matters of public interest.
The Act also establishes a mechanism for appeals and complaints if the requested information is denied or not provided within the specified time frame. It empowers the Central Information Commission (CIC) at the central level and State Information Commissions (SICs) at the state level to adjudicate disputes and ensure the effective implementation of the right to information.
1. Recognizing RTI as a Fundamental Right:
The Supreme Court of India has consistently emphasized the importance of the right to information in a democratic society. In the landmark case of Union of India v. Association for Democratic Reforms (2002), the Court held that the right to information is a fundamental aspect of the right to freedom of speech and expression guaranteed under Article 19(1)(a) of the Indian Constitution. This decision laid the foundation for the subsequent development of the RTI Act, reinforcing the idea that access to information is essential for the functioning of a vibrant democracy.
2. Expanding the Scope of Information:
Over the years, the Supreme Court has expanded the ambit of the RTI Act to ensure maximum disclosure of information in the public interest. In the case of Central Board of Secondary Education v. Aditya Bandopadhyay (2011), the Court ruled that even exam answer scripts are considered “information” and can be accessed under the RTI Act. This decision significantly increased transparency in the evaluation process and empowered students to scrutinize their results.
3. Promoting Disclosure of Assets and Liabilities:
To combat corruption and promote transparency among public officials, the Supreme Court has taken a proactive stance in ensuring the disclosure of assets and liabilities. In the case of People’s Union for Civil Liberties v. Union of India (2003), the Court ordered the government to disclose the assets of public servants, including judges. This landmark judgment underscored the principle that public servants should be accountable to the people they serve.
4. Upholding Privacy and Exemptions:
While promoting transparency, the Supreme Court has also recognized the importance of protecting individuals’ privacy and safeguarding sensitive information. In the case of Girish Ramchandra Deshpande v. Central Information Commission (2013), the Court held that personal information, which has no relationship to any public activity or interest, cannot be disclosed under the RTI Act. This balancing act between transparency and privacy ensures that the RTI Act is applied judiciously and in line with constitutional principles.
5. Facilitating Judicial Accountability:
The Supreme Court has also recognized the importance of judicial accountability and transparency in maintaining public confidence in the judiciary. In the case of the Supreme Court of India v. Subhash Chandra Agarwal (2019), the Court ruled that the office of the Chief Justice of India is a public authority and is subject to the purview of the RTI Act. This decision was a significant step towards ensuring greater transparency in the functioning of the judiciary.
Conclusion:
The Supreme Court of India’s proactive approach towards the Right to Information has been instrumental in shaping the development and effectiveness of the RTI Act. By recognizing the fundamental nature of the right to information, expanding the scope of disclosure, and striking a balance between transparency and privacy, the Court has strengthened democratic principles and promoted accountability in governance. As citizens continue to exercise their right to information, it is crucial that the judiciary remains committed to upholding this essential pillar of democracy, thereby ensuring a transparent and accountable society for all.
We are a law firm in the name and style of Law Offices of Kr. Vivek Tanwar Advocate and Associates at Gurugram and Rewari. We are providing litigation support services for matters related to RTI Act, 2005. We have a website on which we publish blogs informing the litigants about the said laws. Draft a blog which can be published on our website…..