Table of Contents:
- Features of the Right to Information Act 2005
- "The Right to Information Act is not only about citizen's empowerment but it essentially redefines the concept of accountability." Discuss. ( UPPSC 2022)
- In the monsoon session of the Indian Parliament in 2019, Amendments were made to the anti-terror law and the Right to Information Act. What are the significant changes as a result of these Amendments? Analyse. ( UPPSC 2018)
- "Recent amendments to the Right to Information Act will have a profound impact on the autonomy and independence of the Information Commission". Discuss. ( UPSC 2020)
- "Right to Information Act has forced civil servants to come out of steel frame and serve people sincerely." Explain. ( UPPSC 2020)
Features of the Right to Information Act 2005:
The Right to Information Act (RTI Act) of 2005 is an important legislation in India that empowers citizens to access information from public authorities. It aims to promote transparency and accountability in the functioning of the government.
The following are the key features of the Right to Information Act 2005:
Public Authorities:
The Act covers all public authorities, including government departments, ministries, statutory bodies, public sector units, and non-governmental organizations substantially financed by the government.
Right to Information:
It grants every citizen the right to access information from public authorities under the control of the central and state governments. This information includes records, documents, memos, emails, opinions, and other materials.
Timeframe for Information:
The Act sets a time limit of 30 days (which can be extended to 45 days under certain circumstances) for providing the requested information.
Fee Structure:
A nominal application fee is required to be paid while filing an RTI request, which varies depending on the state and the type of information requested. Certain categories of people, such as below-poverty-line citizens, are exempt from paying this fee.
Reasons for Denial:
If the requested information falls under certain exemptions specified in the Act (e.g., information affecting national security, commercial confidence, personal privacy, etc.), the public authority can refuse to provide it. However, they have to give reasons for the denial.
Appeal Mechanism:
If the information is denied or the response is unsatisfactory, the Act provides for an appeal mechanism. The applicant can file an appeal with a higher authority within the public authority. If unsatisfied with the second response, they can further appeal to the relevant Information Commission.
Information Commissions:
The Act establishes Information Commissions at the central and state levels to hear appeals and complaints regarding the implementation of the Act.
Whistleblower Protection:
The Act protects individuals who disclose information about corruption and wrongdoing in the government by prohibiting any adverse action against whistleblowers.
Proactive Disclosure:
Public authorities are required to proactively disclose certain categories of information on their websites to promote transparency without the need for citizens to file RTI requests.
Penalties:
The Act outlines penalties for non-compliance, including fines and disciplinary actions against public information officers who do not provide the requested information or obstruct the process.
Overall, the Right to Information Act 2005 has been instrumental in empowering citizens to hold the government accountable, promoting transparency in governance, and curbing corruption by ensuring greater access to information.
Question.
"The Right to Information Act is not only about citizen's empowerment but it essentially redefines the concept of accountability." Discuss. (UPPSC 2022)
Answer.
The Right to Information Act was enacted by the Indian parliament in 2005, it is an effective tool for promoting transparency, accountability, and citizen empowerment.
The right to information provides rights to citizens to access information regarding functions and decisions of public authorities or public organizations.
‘The Right to Information Act is not only about citizen’s empowerment but it essentially redefines the concept of accountability in the following ways-
Increase in transparency:
The RTI Act is mandatory for public authorities to disclose information to the public about the functioning and decision-making process which are not confidential. Citizens can now access information on government schemes, policies, and programs. This has increased transparency in government functioning and has created more informed citizens.
Corruption reduction:
RTI act has empowered citizens to obtain information related to corrupt activities, this has created a sense of fear among public officials and has made the more accountable for their actions.
Promoting good governance:
RTI act has promoted good governance by creating a more transparent and accountable system, This makes civil servants more responsive to the needs and concerns of citizens, and this has improved the overall efficiency and effectiveness of civil services in India.
In conclusion, from the above, we can say, that the Right to Information Act in India has redefined the concept of accountability in civil services by promoting transparency, reducing corruption, empowering citizens, and promoting good governance. It also empowered the citizens to get information about the functioning of the government system.
Question.
In the monsoon session of the Indian Parliament in 2019, Amendments were made to the anti-terror law and the Right to Information Act. What are the significant changes as a result of these Amendments? Analyse.
(UPPSC, UP PCS Mains General Studies-II/GS-2 2018)
Answer.
The Unlawful Activities (Prevention) Act, commonly known as UAPA, is an anti-terrorism law in India. The government amended UPA in 2019 in the monsoon session of Parliament to strengthen anti-terrorism efforts and address emerging threats.
Amendment to the Unlawful activities (prevention) Act - UAPA:
Following are some important changes made in anti-terrorism law:
Expansion of the definition of terrorism:
Amendments broaden the definition of terrorism under the Unlawful Activities (Prevention) Act (UAPA), under which the authorities gave individuals or organizations to nominate and take action against them as terrorists and to take action against them.
Designation of persons as terrorists:
Amendments introduced provisions to nominate individuals as terrorists, enabled the government to freeze its assets, impose travel restrictions, and subdue them to increased investigation and investigation.
Changes in bail provisions:
The amendments made it more difficult to obtain bail by implementing strict circumstances for persons accused of terrorist activities and securing bail in some circumstances.
Amendments in the anti-terrorism law have highlighted concerns by some human rights organizations and activists, who argue that the widespread definition of terrorism and extended powers given to the authorities can potentially reduce civil freedom and misuse the law. Are.
Amendment to the Rights of Information Act (RTI Act):
The Right to Information Act is the law that enables citizens to get information from public authorities and promotes transparency and accountability in governance.
The amendments made to the RTI Act have attracted criticism to potentially weaken the effectiveness of the Act.
The following are included in some major changes:
Information Commissioners' Term and Salary Change:
In the original Act, the Central Information Commissioner (CIC) and the Information Commissioners (ICS) were appointed for the age of 65 years or 5 years, whichever is earlier. Now after amending the Information Act (RTI Act), the central government will determine their work duration, salary, and another appointment. Critics argue that these changes can affect the freedom and effectiveness of the Information Commissions.
Question.
"Recent amendments to the Right to Information Act will have a profound impact on the autonomy and independence of the Information Commission". Discuss. ( UPSC General Studies II 2020)
Answer.
The Right to Information Act (RTI Act) is crucial for ensuring transparency, and accountability. It also ensures the citizens' right to access information held by public authorities.
The Information Commission plays a vital role in overseeing the implementation of the RTI Act and adjudicating appeals and complaints related to the denial of information.
Recent amendments to the RTI Act that is RTI (Amendment ) Bill 2019 will have a profound impact on the autonomy and independence of the Information Commission in the following ways:
Job Tenure( Section 13 of RTI Act 2005):
As per the RTI Act 2005, the term of the Central Information Commission and other Information commissions was 5 years or the age of 65, whichever is earlier. Under a recent amendment, now Centre Government will notify tenure. Amendments in the Job tenure may impact the autonomy and independence of the Information Commission as they tend to work per they will work in the interest of the central government, not in the interest of the common people.
Changes in Salary and other allowance:
As per the RTI Act 2005, the Salary of the Chief Information Commissioner (CIC) was equal to Chief Election Commissioner ( CEC), however, a recent amendment has removed this provision, and now salaries, allowances, and other terms and conditions of service of the central and state Chief Information Commissioner and Information Commissioners will be determined by the central government, no power has been given to State Governments. Changes in this provision may impact their transparent functioning.
Changes in Appointment Process:
As per the RTI Act 2005, there were 3 member committees comprising the Prime Minister ( PM), the Leader of the Opposition, and one Minister (nominated by the Prime Minister) to appoint the Chief Information Commissioners. A recent Amendment removed this provision, and now the Central government appoints the Information Commissioners. This modification in the appointment process of appointing commissioners can impact their independence. If appointments become more politically influenced or lack adequate checks and balances, it may compromise the commission's impartiality.
In conclusion, any recent amendment to the Right to Information Act can have significant implications for the autonomy and independence of the Information Commission. It is essential to carefully evaluate the changes made and their potential impact on the commission's ability to fulfill its mandate effectively, ensure transparency, and safeguard citizens' right to information.
Question.
"Right to Information Act has forced civil servants to come out of steel frame and serve people sincerely." Explain. ( UPPSC 2020 General Studies II)
Answer.
The Right to Information (RTI) Act enacted in India in 2005 is a historical law that empowers citizens to get information from public authorities. Its purpose is to promote transparency, accountability, and good governance by enabling citizens to access government records and information. The RTI Act has had a transformative effect on the functioning of bureaucracy and civil servants in the country.
"The Right to Information Act has forced public servants to come out of the steel frame and serve people sincerely, this statement can be understood in the following way:
Increased transparency:
The RTI Act makes government departments and agencies to disclose information related to their functioning, decisions, and public policies. This transparency has forced civil servants to be more open in their actions and decisions.
Accountability to the public:
The Act enables citizens to get information about the functioning of government departments and to make civil servants accountable for their work. Civil servants know that their decisions and conduct are subject to a public investigation, which has increased accountability.
Low information inequality:
Before the RTI Act, an important piece of information between the government and the citizens was inequality. The Act has reduced this gap, which has made the information more accessible to the public and is reducing the bureaucracy's discretion.
Preventive against corruption:
The RTI Act acts as a preventive against corruption and misuse of power. Civil servants know that their decisions can be questioned, and any attempt to engage in corrupt practices can be exposed through RTI applications.
Civil-focus approach:
The Act promotes a more civil-focused approach among civil servants. They understand that their primary duty is to serve the public, and the RTI Act gives citizens the right to demand information about the services they deserve to receive.
Active information disclosure:
In response to the RTI Act, many government departments have started disclosing information on their websites, ensuring greater transparency and reducing the need for citizens to record RTI applications.
Skilled Public Service Distribution:
The RTI Act has inspired civil servants to be more sensitive and efficient in providing information to citizens. Timely reactions to RTI applications have become a priority, which has led to better public service distribution.
Developing work culture:
The Act has contributed to the change in the work culture of civil servants, which emphasizes the need for accountability, accountability, and civil engagement.
Strengthening citizens:
By granting the right to obtain information to the citizens, the Act has empowered them to actively participate in governance and demand better services and accountability from civil servants.
Finally, the right to information in changing relations between civil servants and citizens has been a game-changer. This has forced civil servants to shed the "steel frame" mindset and adopt a more transparent, accountable, and civil-centered approach to their work. By promoting transparency and empowering citizens, the RTI Act has contributed significantly to better governance and public service distribution in India.
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