Monday, October 3, 2022

Right to information





 Right to information 

 Transparency, accountability, sensitivity and accountability are the components that set the ideal paradigm for the development of the country. Right to information was needed to expose immoral acts like lies, theft, dishonesty, nepotism, corruption and bribery and to unmask people who do black deeds. Right to information is the right of all citizens to lead towards good governance and it will prove helpful in cracking down on corruption. It will strengthen the roots of the world's largest democracy and realize the vision of a real democracy. history The British ruled India for about 250 years and during this time the British government made the Official Secrets Act 1923 in India, under which the government got the right to keep any information confidential.

     The demand for the right to information started from Rajasthan, the mass movement for the right to information started in the state in the 1990s, in which the Mazdoor Kisan Shakti Sangathan (MKSS) led by Aruna Rai exposed corruption. It was held as a public hearing program. After the fall of the Congress government in 1989, the BP Singh government came to power, which promised to enact a Right to Information Act. On December 3, 1989, in his first message, the then Prime Minister BP Singh announced to amend the Constitution to make a Right to Information Act and to amend the Official Secrets Act. But BP Singh's government could not implement it despite all efforts and this government could not last long. In the year 1997, the Central Government constituted a committee under the chairmanship of HD Gauri and presented the draft of Freedom of Information in May 1997, but this draft of the Shourie Committee was suppressed by the two governments of the United Front. In the year 2002, the Parliament passed the Freedom of Information Bill. It got the assent of the President in January 2003, but it was not implemented in the name of making its rules. After 58 years of independence in India, from October 12, 2005, the supremacy of the people was established for the first time in a democracy for the citizens, possibly for the first time, through the Right to Information.

     The consequences of simple rights such as entitlement of citizens to the information available with public institutions are long and profound. With this right, in the era of e-governance and information technology, the administrative structure entangled in its traditional problems gets an opportunity to establish a new administrative culture. Now India has also joined the 60 countries of the world, which have made elaborate arrangements to establish transparent, accountable and good governance by providing the right to information to their citizens. Sweden is the first country in the world where the Right to Information was first implemented. Sweden sounded the trumpet of transparency by taking the initiative to make government records, papers public and viewable. The will of the government provided for freedom of information to the citizens in Sweden through the constitution and Sweden became the first country in the world to give freedom of information. Legal Provisions:- The Government of the United Progressive Alliance (UPA) passed the Right to Information Act 2005 in Parliament on 12 May 2005 for its promises made in the Common Minimum Program and to create a transparent governance system and corruption-free society, which was 15 On June 2005, the President's assent was received and finally on 12 October 2005, this law was implemented in the whole country except Jammu and Kashmir. With this the Freedom of Information Bill 2002 was repealed. Prior to its national implementation, nine states had already implemented this law, including Tamil Nadu and Goa in 1997, Karnataka in 2000, Delhi 2001, Assam, Madhya Pradesh, Rajasthan and Maharashtra in 2002, and Jammu and Kashmir. was implemented in 2004. In the Right to Information Act, 2005, the right to information has been defined in section 2 (j) as follows:- Under the 'Right to Information' Act, such information comes which can be obtained through the concerned public authority. It includes the following- Inspection of works, documents, records Notes, extracts or certified copies of documents or records Taking certified samples of material. To obtain information in the form of diskette, tape, floppy, video cassette or any other electronic device or by means of a printout where such information is stored in a computer or any other device. 

 Appointment of Information Officer:-

     There is a provision of the Right to Information Act that every public institution shall have an information officer. If any citizen does not receive the information within the time prescribed in the Right to Information Act or the information is half-incomplete or has been refused information, then in such a situation, he can appeal to the first appellate authority of the same institution / office / department. In this, if the information has not been provided to the applicant within the stipulated period, then there is a provision to provide the information free of cost in the first appeal. Second appeal is the last option for seeking information under the Right to Information Act. The basic objective of this organization is to establish fairness, transparency and trust in the citizens. Under this, the Central and State Information Commission has been directed against the order of the First Appellate Officer.

Right to hear second appeal.

 If the information of the first appellate authority is not received or you are not satisfied, then a second appeal can be made. There is a time of 90 days for the second appeal, that is, after 30 days from the day the first appeal is made, you can make a second appeal for the next three months. Fee Structure:- Application fee has to be paid to get any information, which is exempted for families living below poverty line. Under this Act, for obtaining information, a fee or cost has to be paid for providing information also. which all citizens have to pay. There are some similarities and some differences in the fees in the Central Government / State Governments / Union Territories. Most of the confusion in the law today is coming across the country due to the divergence of opinions regarding fees. Section 6(1) of the Act mentions the application fee, which is generally Rs 10, but in some cases it has been kept at Rs 500. This arbitrary fixation of application fee is a violation of the citizen's right to get information. Incomplete attempt to take technical advantage:- Isn't it necessary to identify 'public authorities', fix the responsibility of the appellate authorities, clarity on the issues of application fee, to streamline the scope of the law? For the law to be effective, the speed of disposal of RTI cases will have to be increased, measures will have to be taken to reduce the burden of existing appeals with information commissions. In conclusion, today citizens in different areas of the country have used the Right to Information Act. The law is progressing step by step, but there is a need to clarify the differences of opinion and unclear areas regarding the scope and main provisions of the law.

Professor.Krishan Bir Singh Chauhan

www.ugcjournal.com

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