Contemporary legal issues - RajRAS | RAS Exam Preparation

Contemporary Legal Issues in the subject of Law deal with modern challenges that arise from social change, technological growth, and globalization. This chapter covers and highlights important topics such as

Right to Information

Previous year Questions

Year	Question	Marks
2023	The government of India received information in confidence from a foreign Government. Can it be asked under the R.T.I. Act, 2005 ?	2M
2021	Define the expression ‘right to information’ as used in the Right to Information Act, 2005.	2M
2018	What is the scope of ‘right to information’ under the Right to Information Act, 2005 ? Explain.	5M
2018	What do you understand by ‘third party’ under the Right to Information Act, 2005 ?	2M
2016	Define the expression ‘right to information’ as used in the Right to Information Act, 2005.	2M
2016 Special	Who are entitled to seek information under the Right to Information Act, 2005 ?	2M

RTI Act Overview

Objective of the Right to Information Act :

To empower the citizens
To Increase transparency and accountability in the working of the government
To curb corruption and make our democracy truly work for the people
To keep the necessary check on the instruments of governance and make the government more accountable to the public.

Section 1 : It extends to the whole of India.

Section 2 : Definitions

Competent authority: Speaker or Chairman in the Parliament or State Legislatures
Information – Means any material in any form ( including records, documents, memos, e-rnails, opinions, advice, press releases, circulars, orders, logbooks. contracts, reports, papers, samples, models, data material held in any electronic form) and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;
Public authority – Any authority or body or institution of self- government constituted under
- The Constitution
- law made by Parliament
- law made by State Legislature
- Notification issued/order made by the appropriate Government
and includes any body, NGO owned, controlled or substantially financed directly or indirectly by funds provided by the appropriate Government.
Record : includes—
- any document, manuscript and file;
- any microfilm, microfiche and facsimile copy of a document;
- any reproduction of image or images embodied in such microfilm (whether enlarged or not); and
- any other material produced by a computer or any other device;
Right to information : means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to-
- inspection of work, documents, records;
- taking notes, extracts or certified copies of documents or records;
- taking certified samples of material;
- obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device;
Third party – means a person other than the citizen making a request for information and includes a public authority.
Appropriate Government refers to the Central Government if the public authority is funded or controlled by the Central Government or Union territory administration, and to the State Government if it is funded or controlled by the State Government.

Section 3 : Right to information

Who – all citizens shall have the right to information.

Section 4 : Obligations of public authority-

public authorities have specific obligations to ensure transparency and facilitate public access to information:
Record-Keeping and Accessibility: All records must be catalogued, indexed, and, when possible, digitised and networked across the country for easier access.
Publishing Information: Within 120 days of the Act’s enactment, public authorities must publish details about their organisation, powers, duties, decision-making processes, rules, documents, and other relevant information. This includes public directories, remuneration details, budget allocations, subsidy program execution, recipients of benefits, and available electronic information.
Transparency in Policy-Making: Authorities must publish facts and reasons behind key policy decisions, ensuring transparency in administrative and quasi-judicial decisions affecting the public.
Information Dissemination: Authorities should regularly update and publish information through various communication means like the internet, newspapers, and public announcements, aiming to reduce the need for citizens to formally request information.
Cost-Effective Access: Information should be accessible considering local languages, cost-effectiveness, and should be available electronically wherever possible, at minimal cost to the public.

Public Information Officer :

Appointment : Every public authority shall, within 100 days of the enactment of this Act must appoint Central or State Public Information Officers (CPIOs or SPIOs) at all necessary administrative levels.
Each sub-divisional or sub-district level must have central Assistant Public Information Officers (CAPIO) or the State Public Information Officers (SAPIO) to accept and forward applications and appeals promptly to the relevant information officers or commissions.
Work : shall deal with requests from persons seeking information and render reasonable assistance to the persons seeking such information.
Response Time Extension: If an application is submitted to an CAPIO/SAPIO, an additional five days is added to the standard response time

Section 6 : Request for obtaining information

Who Can Request :
- Any person seeking information under this Act.
Form of Request :
- Must be submitted in writing or electronically.
- Can be in English, Hindi, or the official language of the region.
Where to Submit:
- To the Central Public Information Officer (CPIO) or State Public Information Officer (SPIO) of the concerned public authority.
- Alternatively, it can be submitted to the Central Assistant Public Information Officer (CAPIO) or State Assistant Public Information Officer (SAPIO).
Assistance for Oral Requests:
- If the person cannot make a written request, the CPIO or SPIO will provide assistance to put the request in writing.
No Reason Required:
- Applicants are not required to give reasons for the request or provide personal details, except contact information as needed.

Section 7 : Disposal of request

Time Limit for Response:
- CPIOs or SPIOs must respond within 30 days of receiving a request.
- For requests concerning life or liberty, the response must be within 48 hours.
- If no decision is given within the specified time, it is considered a refusal of the request.
Fees and Exemptions:
- Information may be provided on paying a reasonable fee, with exemptions for those BPL.
- No fee is charged if the public authority fails to respond within the time limit.
Reasons for Rejection:
- If a request is denied, reasons, appeal deadlines, and appellate authority details must be communicated to the applicant.

Section 8 : Exemption from disclosure of information

Exempt Information Categories: there shall be no obligation to give any citizen information about
- National security: Includes sovereignty, security, and foreign relations,scientific or economic interests of the State.
- Judicial restrictions: Information forbidden by courts or likely to cause contempt.
- Parliament/Legislature privileges.
- Commercial interests: Trade secrets and intellectual property, unless public interest justifies disclosure.
- Fiduciary information: Confidential relationships, unless public interest outweighs confidentiality.
- Foreign relations: Information received confidentially from foreign governments.
- Personal safety: Information that could endanger life or physical safety.
- Law enforcement: Information affecting investigations or law enforcement processes.
- Cabinet papers: Including Council of Ministers’ deliberations (can be disclosed after the decision is finalised).

Section 9 : Grounds for rejection to access in certain cases

Apart from the provisions of section 8, information requests can be denied by a CPIO/SPIO if providing it would violate someone else’s copyright.

Section 10 : Severability

If a record contains exempt information, access may still be granted to parts that do not contain exempt details, as long as these parts can reasonably be separated.

Section 11 : Third party information

Notice to Third Party: When a CPIO/SPIO receives a request for information involving a third party’s confidential information, they must notify the third party within 5 days, informing them of the intent to disclose this information. The third party can respond, either in writing or verbally, expressing whether they think the information should be shared or kept confidential.
Final Decision: The CPIO or SPIO must decide within 40 days of the original request whether to disclose the information and notify the third party in writing.
In essence, This process ensures that confidential third-party information isn’t disclosed without giving the third party a chance to respond and considering the balance between public interest and third-party rights.

Section 12 : Constitution of Central Information Commission

Establishment: Central Govt. by official notification
Composition:
- The Commission consists of
  - A Chief Information Commissioner (CIC).
  - Up to 10 Central Information Commissioners (CICs), as needed.
Appointment Process:
- By the President on the recommendations of committee consist.
Eligibility:
- Appointees should be eminent persons with knowledge and experience in fields such as law, science, social service, journalism, and governance.
- They cannot be MPs/MLAs, hold other offices of profit, be affiliated with political parties, or engage in business or professional activities.
Term (Sec.13) :
- A term specified by the Central Government or until 65 years of age, whichever is earlier.
- Not eligible for reappointment.
Removal:
- Resignation – To the President.
- Removal – as per Section 14

Section 14 : Removal of CIC/IC

Direct Removal by the President on the following grounds:
- Declared insolvent.
- Convicted of an offence involving moral turpitude
- Engages in paid employment outside office duties.
- Found unfit due to mental or physical infirmity
- has acquired such financial interest as is likely to affect his functions a CIC or IC
The CIC/IC can also be removed by the President on the basis of a Supreme Court inquiry
- Grounds : Proved misbehaviour or incapacity.

Section 15 : Constitution of State Information Commission

Appointment:
- By The Governor on the recommendation of a 3 member committee.
- The Chief Minister as the Chairperson.
- The Leader of Opposition in the Legislative Assembly.
- A Cabinet Minister nominated by the Chief Minister.
Eligibility:
- The SCIC and SICs must be eminent persons with expertise in fields such as law, science and technology, social service, management, journalism, media, or governance.
- They cannot be MPs/MLAs, or hold other offices of profit, political affiliations, or engage in business or professions.
Tenure :
- hold office [for such term as may be prescribed by the Central Government] or till he attains the age of 65 years, whichever is earlier

Section 17 : Removal

Direct Removal by the governor on the following grounds:
- Declared insolvent.
- Convicted of an offence involving moral turpitude
- Engages in paid employment outside office duties.
- Found unfit due to mental or physical infirmity
- has acquired such financial interest as is likely to affect his functions a CIC or IC
A SCIC/SICs can only be removed by the Governor for proved misbehaviour or incapacity, based on a Supreme Court inquiry report.

Section 18 : Powers and functions of Information Commissions.

Duty to Inquire into Complaints: If a person
- is unable to submit a request due to lack of Public information officers.
- Has been denied access to requested information.
- Has not received a response within the stipulated time.
- Finds the fee demanded for information was unreasonable.
- Believes the information provided is incomplete, misleading, or false.
- Faces any other issues related to requesting
- or obtaining access to records under this Act.
Powers : the CIC or SIC has the powers of a civil court under the Code of Civil Procedure, 1908, including:
- Summoning and enforcing attendance, taking evidence on oath, and requiring document production.
- Ordering discovery and inspection of documents.
- Accepting evidence on affidavit.
- Requisitioning public records or copies from any court or office.
- Issuing summons for examining witnesses or documents.
- Addressing any other prescribed matters.
- Impose penalties on the PIO if necessary.
- Reject the application if it does not meet the criteria.

Section 19 : Appeal

First Appeal:
- If a person doesn’t receive a response within the specified time or disagrees with the decision made by a PIO, they can file an appeal within 30 days.
- The appeal goes to a senior officer within the same public authority as the PIO.
- The appeal may still be accepted if filed late, provided there’s a valid reason for the delay.
- If the appeal involves disclosure of third-party information (as per Section 11), the third party can appeal within 30 days from the date of order.
Second Appeal:
- can be filed with the Central or State Information Commission within 90 days if the appellant is unsatisfied with the first appeal’s outcome.
- If filed late, it may still be admitted if there’s a valid reason for the delay.
- If the appeal concerns third-party information, the Commission must give the third party a chance to present their side.
- The PIO who denied the request must prove why the denial was justified in the appeal process.
- Appeal Decision Timeline:
  - The first appeal should be resolved within 30 days or, if extended, no later than 45 days, with reasons for delay documented.
- The Commission’s decision is final and binding.

Section 20 : Penalties

If the Information Commission finds that a PIO has, without valid reason:
- Refused to accept an information application,
- Failed to provide information within the time required,
- Denied the request with bad intent,
- Provided incorrect, incomplete, or misleading information,
- Destroyed the requested information, or
- Obstructed the information process,
Then, a penalty of ₹250 per day will be imposed until the information is provided or the application is accepted, up to a maximum of ₹25,000.
Burden of Proof: The PIO must prove that they acted reasonably and diligently to avoid the penalty.

Section 24 : Act not to apply in certain organisations

Intelligence and security organisations listed in the Second Schedule
The Central Government can add new organisations or remove existing ones.

Contemporary legal issues / Contemporary legal issues/ Contemporary legal issues/ Contemporary legal issues/ Contemporary legal issues/ Contemporary legal issues/ Contemporary legal issues