UNIT-5
Question- Write short not on following 1. Penalties 2. Basic elements of Right to Information 3. Central Information Commission 4. Media as a cause for violation of human rights 5. Second schedule to RTI Act 2005 6.Defamation as a tort 7. Scope of sections 22 & 23 of RTI Act 2005 8. Pre-trial by media 9. Obscenity 10. Sedition 11. Contempt of Court 12. Right to know 13. Commercial advertisement”
1. Penalties
Under Section 20 of the RTI Act, 2005, the Information Commission can impose penalties on Public Information Officers (PIOs) for denying information without reasonable cause, providing incomplete or false information, or causing delays. The penalty can be up to ₹25,000, and disciplinary action may also be recommended, ensuring compliance with the Act.
2. Basic Elements of Right to Information
The basic elements of RTI under the 2005 Act include: the right to access information (Section 3), public authorities’ obligation to disclose (Section 4), a broad definition of information (Section 2(f)), time-bound responses (Section 7), exemptions (Sections 8 and 9), and appeal mechanisms (Section 19). These ensure transparency while balancing legitimate restrictions.
3. Central Information Commission
The Central Information Commission (CIC), established under Section 12 of the RTI Act, 2005, oversees the Act’s implementation at the central level. It handles second appeals (Section 19), ensures compliance by public authorities, and can impose penalties (Section 20). The CIC plays a crucial role in enforcing transparency and accountability.
4. Media as a Cause for Violation of Human Rights
Media can violate human rights through sensationalism, invasion of privacy, or biased reporting. For instance, publishing personal details obtained via RTI (despite Section 8(1)(j) exemptions) can infringe on privacy (Article 21). Media trials may also prejudice fair trials, violating the right to justice.
5. Second Schedule to RTI Act 2005
The Second Schedule of the RTI Act, 2005, lists intelligence and security organizations (e.g., RAW, IB) exempted from the Act’s provisions under Section 24. However, these organizations must provide information related to corruption or human rights violations, ensuring limited transparency in sensitive areas.
6. Defamation as a Tort
Defamation as a tort involves making a false statement that harms someone’s reputation. It can be libel (written) or slander (spoken). In the RTI context, if disclosed information leads to defamatory misuse, Section 8(1)(j) (privacy exemption) may be invoked to prevent such harm, balancing transparency with individual rights.
7. Scope of Sections 22 & 23 of RTI Act 2005
Section 22 ensures that the RTI Act overrides other laws (e.g., Official Secrets Act, 1923) in case of inconsistency, prioritizing transparency. Section 23 bars courts from entertaining suits or proceedings regarding RTI matters, except as provided under the Act, ensuring that Information Commissions handle disputes exclusively.
8. Pre-Trial by Media
Pre-trial by media occurs when media coverage influences public opinion or judicial proceedings before a trial, potentially violating the right to a fair trial (Article 21). In the RTI context, media using disclosed information to sensationalize cases can prejudice justice, highlighting the need for responsible reporting.
9. Obscenity
Obscenity refers to content that is morally offensive or indecent, often regulated under Section 292 of the Indian Penal Code. In the RTI context, Section 8(1)(j) may prevent disclosure of obscene material if it invades privacy, though public interest (Section 8(2)) may override such exemptions.
10. Sedition
Sedition, under Section 124A of the Indian Penal Code, criminalizes acts that incite hatred or disaffection against the government. RTI can expose sedition cases, but Section 8(1)(a) may exempt related information if it threatens national security, balancing transparency with public safety.
11. Contempt of Court
Contempt of court involves actions that disrespect or obstruct judicial processes, regulated under the Contempt of Courts Act, 1971. In the RTI context, disclosing court-related information (e.g., sub judice matters) under Section 8(1)(b) may be exempt to prevent interference with justice.
12. Right to Know
The right to know, implicit in Article 19(1)(a) (freedom of speech and expression), is formalized by the RTI Act, 2005. It empowers citizens to access information from public authorities, ensuring transparency, accountability, and informed participation in governance, a cornerstone of democracy.
13. Commercial Advertisement
Commercial advertisements promote goods or services but can be misleading. RTI can be used to access information about false advertising by public entities, ensuring accountability. However, Section 8(1)(d) may exempt commercial secrets, balancing transparency with business interests.
Question-Write shote notes on following “ Public authority
Media
Freedom of Press
Non-disclosure of information
Transparency
Right to privacy
Information
Official Secrets Act
Scope of RTI Act
Basic elements of RTI
Voluntary disclosure”
1. Public Authority
A public authority is any body established or constituted under the Constitution, by law, or by government notification, and includes bodies substantially financed by the government (Section 2(h), RTI Act, 2005). Examples include government departments, public sector banks, and universities. Public authorities are obligated to provide information under the RTI Act, ensuring transparency in governance.
2. Media
Media refers to platforms like newspapers, television, radio, and digital outlets that disseminate information to the public. In the RTI context, media acts as a watchdog, using the Act to access government information and expose corruption or mismanagement. Media also educates citizens about their RTI rights, amplifying the Act’s impact on transparency.
3. Freedom of Press
Freedom of the Press, guaranteed under Article 19(1)(a) of the Indian Constitution, ensures that media can operate without fear of censorship. RTI strengthens this freedom by enabling journalists to access government records, ensuring informed reporting. However, restrictions under Section 8 (e.g., national security) may limit access to sensitive information.
4. Non-Disclosure of Information
Non-disclosure refers to withholding information under exemptions listed in Section 8 of the RTI Act, such as national security (Section 8(1)(a)), personal privacy (Section 8(1)(j)), or commercial confidence (Section 8(1)(d)). While necessary to protect certain interests, excessive non-disclosure can hinder transparency and public accountability.
5. Transparency
Transparency in the RTI context means openness in government functioning, allowing citizens to access information about decisions, policies, and expenditures. The RTI Act promotes transparency through proactive disclosure (Section 4) and timely responses to requests (Section 7), reducing corruption and ensuring accountability in public administration.
6. Right to Privacy
The right to privacy, recognized under Article 21 of the Indian Constitution, protects individuals from unwarranted intrusion. Section 8(1)(j) of the RTI Act exempts personal information that invades privacy unless public interest outweighs the harm. This balances transparency with the protection of personal data.
7. Information
Information, as defined under Section 2(f) of the RTI Act, includes any material in any form—records, documents, emails, opinions, or samples—held by public authorities. The broad definition ensures citizens can access diverse data, from government policies to expenditure details, empowering them to hold authorities accountable.
8. Official Secrets Act
The Official Secrets Act, 1923, is a colonial-era law that restricts the disclosure of government information classified as “secret.” It often conflicts with the RTI Act, as public authorities may misuse it to deny information under Section 8(1)(a). This creates a culture of secrecy, undermining transparency efforts.
9. Scope of RTI Act
The RTI Act, 2005, applies to all public authorities at central, state, and local levels (Section 2(h)). It allows citizens to access a wide range of information (Section 2(f)), with exemptions under Sections 8 and 9. The Act includes appeal mechanisms (Section 19) and covers proactive disclosure (Section 4), aiming to promote transparency and accountability.
10. Basic Elements of RTI
The basic elements of RTI under the 2005 Act include: the right to access information (Section 3), public authorities’ obligation to disclose (Section 4), a broad definition of information (Section 2(f)), time-bound responses (Section 7), exemptions (Sections 8 and 9), and appeal mechanisms (Section 19). These elements ensure transparency while balancing legitimate restrictions.
11. Voluntary Disclosure
Voluntary disclosure, mandated under Section 4(1)(b) of the RTI Act, requires public authorities to proactively publish information like budgets, functions, and decisions without waiting for requests. This reduces the need for formal RTI applications, fosters openness, and enhances public access to government information.
Question-Write short note on following “ Right to know
Third party information
Issues of privacy
Severability
Objects of RTI Act
State Information Commission
Media access to official information
Exemption from disclosure of information
Appeals under RTI Act”
1. Right to Know
The right to know is implicit in Article 19(1)(a) of the Indian Constitution (freedom of speech and expression) and is formalized by the RTI Act, 2005. It empowers citizens to access information held by public authorities, ensuring informed participation in governance, transparency, and accountability in public administration.
2. Third Party Information
Third-party information refers to data concerning a person or entity other than the RTI applicant or the public authority (Section 11, RTI Act). The Act requires public authorities to consult the third party before disclosure, balancing transparency with the third party’s rights, especially if the information is confidential or personal.
3. Issues of Privacy
Privacy issues arise when RTI requests involve personal information. Section 8(1)(j) of the RTI Act exempts disclosure of personal data that invades privacy unless public interest outweighs the harm. This protects the right to privacy (Article 21) while ensuring transparency does not lead to unwarranted intrusion.
4. Severability
Severability, under Section 10 of the RTI Act, allows public authorities to provide access to parts of a record that are not exempt, even if other parts are withheld under exemptions (e.g., Section 8). This ensures partial disclosure of information, maximizing transparency while protecting sensitive data.
5. Objects of RTI Act
The RTI Act, 2005, aims to promote transparency and accountability in governance, empower citizens, reduce corruption, and ensure public authorities function in the public interest. It seeks to foster a participatory democracy by enabling citizens to access information and monitor government actions effectively.
6. State Information Commission
The State Information Commission (SIC), established under Section 15 of the RTI Act, oversees the Act’s implementation at the state level. It handles second appeals (Section 19), ensures compliance by public authorities, and can impose penalties (Section 20) for non-compliance, ensuring effective enforcement of RTI.
7. Media Access to Official Information
Media access to official information is facilitated by the RTI Act, enabling journalists to request government records under Section 6. This strengthens the media’s role as a watchdog, ensuring26 ensures freedom of the press (Article 19(1)(a)) by promoting transparency in governance, though exemptions under Section 8 may limit access.
8. Exemption from Disclosure of Information
Exemption from disclosure, outlined in Sections 8 and 9 of the RTI Act, allows withholding information that may harm national security (Section 8(1)(a)), personal privacy (Section 8(1)(j)), or commercial confidence (Section 8(1)(d)). These exemptions balance transparency with the need to protect sensitive information, subject to public interest overrides (Section 8(2)).
9. Appeals under RTI Act
The RTI Act provides a two-tier appeal process under Section 19. If an RTI request is denied, the applicant can file a first appeal with a designated officer within the public authority (within 30 days). A second appeal can be filed with the Central/State Information Commission (within 90 days), ensuring redressal and enforcement.