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Business Law Important Questions 2025
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B) Right to Information Act, 2005
2 Marks Questions (Definitions / Direct Answers)
1. What is meant by ‘Information’ under RTI Act (GU BCom 2023, 2024)
Answer: According to Section 2(f) of the RTI Act, 2005, “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, 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.
2. Define Public Authority under RTI Act.
Answer: As per Section 2(h) of the RTI Act, “public authority” means any authority, body, or institution of self-government established or constituted—
(a) by or under the Constitution;
(b) by any other law made by Parliament or State Legislature; or
(c) by notification or order of the appropriate government, including bodies owned, controlled, or substantially financed by the government.
3. Who is the Central Information Commissioner?
Answer: The Central Information Commissioner (CIC) is the head of the Central Information Commission, appointed by the President of India. The CIC is responsible for hearing appeals and complaints regarding information requests under the RTI Act at the central level.
4. State one objective of RTI Act.
Answer: One key objective of the RTI Act, 2005 is to promote transparency and accountability in the working of every public authority by empowering citizens to access information.
5. What is the time limit for disposal of RTI request?
Answer: The Public Information Officer (PIO) must provide information within 30 days from the date of receipt of the request. If the information concerns the life or liberty of a person, it must be provided within 48 hours.
6. Define "Right to Information."
Answer: According to Section 2(j) of the RTI Act, “Right to Information” means the right to access information under the control of public authorities, which includes inspection of records, taking notes, extracts, certified copies, and obtaining information in electronic form.
7. Who appoints the State Information Commissioner?
Answer: The Governor of the State appoints the State Chief Information Commissioner and the State Information Commissioners on the recommendation of a committee headed by the Chief Minister.
8. Mention one obligation of Public Authorities.
Answer: Every public authority is obliged to maintain and publish all relevant information so that citizens can easily access it, reducing the need for frequent RTI applications.
9. What is an appeal under RTI Act?
Answer: If an applicant is not satisfied with the decision or does not receive a response from the PIO within the time limit, they can file a first appeal to the senior officer (Appellate Authority) within 30 days of the expiry of the prescribed period.
10. What is penalty for refusal of information?
Answer: Under Section 20(1) of the RTI Act, a PIO may be penalized ₹250 per day, up to a maximum of ₹25,000, for refusing to receive an application, delaying, or providing false or misleading information.
11. Who can file an application under RTI Act?
Answer: Any citizen of India can file an application requesting information from a public authority under the RTI Act, 2005.
12. State two exclusions under RTI Act.
Answer: Under Section 8 of the Act, information is exempted from disclosure if it:
Affects the sovereignty and integrity of India, or
Relates to trade secrets or commercial confidence that would harm the competitive position of a third party.
13. What is the maximum time for reply under RTI Act?
Answer: The maximum time for reply by the PIO is 30 days from the date of receipt of the request. However, if the request is transferred to another public authority, an additional 5 days may be taken.
14. Define "Information Commission."
Answer: The Information Commission refers to the Central Information Commission (CIC) and the State Information Commissions (SICs) established under Sections 12 and 15 of the RTI Act to oversee the implementation of the Act and hear appeals and complaints.
15. State two limitation of RTI Act.
Answer: 1. Certain sensitive information is exempted under Section 8 (e.g., national security, trade secrets).
2. Delays and lack of awareness among citizens often reduce the effectiveness of the Act.
5 Marks Questions (Short Notes / Brief Explanations)
1. What are the obligations of public authorities under RTI Act? (GU BCom 2019, 2020, 2021, 2024)
Answer: The Right to Information Act, 2005, has imposed certain obligations on public authorities to ensure transparency and accountability in the functioning of the government. These obligations are aimed at promoting openness and providing easy access to information to the citizens.
The major obligations of public authorities under the RTI Act are as follows:
i) Maintenance and Cataloguing of Records: Every public authority is required to maintain all its records duly catalogued, indexed, and in a manner that facilitates easy access to information. The records should also be computerized and linked through a network to ensure prompt responses to requests for information.
ii) Proactive Disclosure (Section 4(1)(b)): Public authorities must publish, at regular intervals, detailed information about their organization, functions, duties, powers, decision-making procedures, and norms. This includes information regarding rules, regulations, instructions, manuals, and records used by their employees.
iii) Designation of Public Information Officers (PIOs): Every public authority is required to designate one or more Public Information Officers (PIOs) in all administrative units or offices. The PIOs are responsible for providing information to persons requesting it under the RTI Act.
iv) Assistance to Citizens: It is the duty of every public authority and its officers to provide reasonable assistance to persons seeking information, especially to those who are unable to make written requests due to illiteracy or disability.
v) Publication of Information: Public authorities are also required to publish relevant facts while formulating policies or announcing decisions that affect the public. They must provide reasons for their administrative or quasi-judicial decisions to affected persons.
vi) Updating Information Regularly: The information provided under Section 4(1)(b) should be updated every year to keep the public informed of the latest developments in the authority’s functioning.
In short, the obligations of public authorities under the RTI Act aim to make governance transparent, minimize corruption, and empower citizens with the right to access information held by the government.
2. How is the Central Information Commission constituted? (GU BCom 2023)
Answer: The Central Information Commission (CIC) is established under Section 12 of the Right to Information Act, 2005. It acts as the apex body for ensuring the effective implementation of the provisions of the RTI Act across the country.
The constitution of the Central Information Commission is as follows:
i) Composition: The Central Information Commission consists of:
a) One Chief Information Commissioner (CIC), and
b) Not more than ten Information Commissioners (ICs), as deemed necessary.
ii) Appointment: The Chief Information Commissioner and the Information Commissioners are appointed by the President of India based on the recommendation of a committee consisting of:
a) The Prime Minister — Chairperson,
b) The Leader of Opposition in the Lok Sabha, and
c) A Union Cabinet Minister nominated by the Prime Minister.
iii) Tenure: The Chief Information Commissioner and Information Commissioners hold office for such term as prescribed by the Central Government or until they attain the age of 65 years, whichever is earlier.
iv) Conditions of Service: The salary, allowances, and other terms and conditions of service of the Chief Information Commissioner and the Information Commissioners are the same as those of the Chief Election Commissioner and Election Commissioners, respectively.
v) Headquarters: The Central Information Commission has its headquarters in New Delhi. However, the Commission may hold sittings at other places in India as it may consider necessary.
Thus, the Central Information Commission plays a vital role in safeguarding the right of citizens to access information and ensuring accountability in the functioning of public authorities.
3. Write short note on penalties under RTI Act.
Answer: The RTI Act, 2005, provides for the imposition of penalties on Public Information Officers (PIOs) who fail to discharge their duties properly. The objective of these penalties is to ensure compliance and responsibility in providing information.
The provisions relating to penalties are mentioned under Section 20 of the RTI Act.
i) Grounds for Penalty:
A penalty can be imposed on a Public Information Officer if he or she:
a) Refuses to receive an application for information without reasonable cause,
b) Fails to provide information within the prescribed time limit (30 days),
c) Malafidely denies the request for information,
d) Knowingly gives incorrect, incomplete, or misleading information,
e) Destroys information that was requested, or
f) Obstructs in any manner the furnishing of information.
ii) Amount of Penalty: The penalty imposed is ₹250 for each day of delay, subject to a maximum of ₹25,000.
iii) Authority to Impose Penalty: The penalty is imposed by the Information Commission (Central or State) after giving the concerned PIO a reasonable opportunity of being heard.
iv) Recommendation for Disciplinary Action: In addition to the penalty, the Information Commission may also recommend disciplinary action against the erring officer under the applicable service rules.
Thus, the penalty provisions under the RTI Act serve as a deterrent to negligence or misuse of power by public officials and ensure that citizens’ right to information is respected.
4. State the appellate procedure under RTI Act.
Answer: The Right to Information Act, 2005, provides a two-tier appellate mechanism for individuals who are dissatisfied with the decision of the Public Information Officer (PIO).
The appellate procedure is as follows:
i) First Appeal (Section 19(1)): If a person does not receive a decision or is aggrieved by the decision of the PIO, he may file a first appeal to the First Appellate Authority (FAA).
a) The FAA must be an officer senior in rank to the PIO within the same public authority.
b) The appeal must be filed within 30 days from the date of receipt of the PIO’s decision or from the expiry of the prescribed time limit.
c) The First Appellate Authority must dispose of the appeal within 30 to 45 days after giving the appellant a reasonable opportunity to be heard.
ii) Second Appeal (Section 19(3)):
If the applicant is not satisfied with the decision of the First Appellate Authority, he may file a second appeal to the Central Information Commission (for central public authorities) or the State Information Commission (for state public authorities).
a) The second appeal must be filed within 90 days from the date of the decision of the first appeal.
b) The Information Commission has the power to review and direct the concerned authority to furnish the required information.
iii) Burden of Proof (Section 19(5)): In any appeal proceeding, the burden of proving that denial of information was justified lies with the Public Information Officer.
Thus, the appellate procedure under the RTI Act ensures fairness, accountability, and the protection of citizens’ rights to obtain information from public authorities.
5. Distinguish between Information Commission and Public Authority.
Answer:
Conclusion: While the Information Commission acts as a supervisory and adjudicatory body ensuring transparency and compliance with the RTI Act, the Public Authority is the actual source and custodian of information responsible for furnishing it to the citizens.
6. Explain the scope of RTI Act.
Answer: The Right to Information Act, 2005, has a wide scope as it extends to the whole of India except the State of Jammu and Kashmir (prior to 2019, when Article 370 was abrogated). The Act empowers every citizen to seek information from public authorities and promotes transparency and accountability in the functioning of the government.
The scope of the RTI Act can be explained as follows:
i) Applicability to Public Authorities: The Act applies to all public authorities including government departments, ministries, public sector undertakings, local bodies, and any institution substantially financed or controlled by the government.
ii) Coverage of Information: The term ‘information’ includes any material in any form such as records, documents, emails, circulars, reports, papers, models, data, and samples. It also covers information stored in electronic form.
iii) Right to Access Information: Citizens can seek information relating to any act, decision, policy, or record maintained by public authorities, except those exempted under Sections 8 and 9 of the Act.
iv) Exempted Organizations: Certain intelligence and security organizations like RAW, IB, and DRDO are exempt from the purview of the Act, except in cases involving corruption or human rights violations.
v) Obligation of Public Authorities: The RTI Act makes it obligatory for public authorities to maintain records properly, publish important information suo motu (proactively), and appoint Public Information Officers (PIOs) to provide information efficiently.
vi) Judicial and Quasi-Judicial Coverage: Although the Act does not cover information prohibited by courts, it includes records of judicial and quasi-judicial authorities related to administrative functioning.
Conclusion: The scope of the RTI Act is extensive and covers almost every aspect of public administration, making it a powerful instrument for promoting transparency, reducing corruption, and strengthening democracy in India.
7. Discuss the rights of citizens to obtain information.
Answer: Under the Right to Information Act, 2005, every citizen of India has the right to access information held by or under the control of public authorities. This right is considered a part of the Fundamental Right to Freedom of Speech and Expression under Article 19(1)(a) of the Indian Constitution.
The rights of citizens to obtain information are as follows:
i) Right to Access Information: Every citizen has the right to request information from any public authority relating to its functioning, decision-making, policies, or activities.
ii) Right to Inspect Records: Citizens have the right to inspect works, documents, and records maintained by public authorities. This helps in ensuring that public works are executed properly and without corruption.
iii) Right to Obtain Copies of Documents: Citizens can obtain certified copies of documents, records, or reports from public authorities by paying the prescribed fee.
iv) Right to Take Notes or Samples: The Act permits citizens to take notes, extracts, or certified samples of materials maintained by public authorities.
v) Right to Information in Electronic Form: Information can also be obtained in electronic form such as through disks, floppies, tapes, or e-mail, if available.
vi) Right to Know Reasons for Decisions: Citizens have the right to know the reasons for administrative or quasi-judicial decisions that affect them.
vii) Right to Proactive Disclosure: Citizens have the right to receive information that public authorities are required to publish suo motu under Section 4 of the Act without the need for a formal request.
Conclusion: These rights enable citizens to participate actively in governance, hold authorities accountable, and ensure that public resources are used efficiently and transparently.
8. What is disposal of request under RTI?
Answer: The “disposal of request” under the Right to Information Act, 2005, refers to the process by which a Public Information Officer (PIO) handles and responds to an application seeking information. The procedure for disposal is governed mainly by Sections 6 and 7 of the RTI Act.
The steps involved in disposal of request are as follows:
i) Filing of Request (Section 6): A citizen can submit a written or electronic application to the Public Information Officer specifying the information required. The applicant need not give any reason for requesting the information.
ii) Transfer of Application (Section 6(3)): If the requested information is held by another public authority, the application shall be transferred to that authority within 5 days of receipt.
iii) Time Limit for Disposal (Section 7(1)): The PIO must dispose of the request and provide information within 30 days of receiving the application. If the information concerns the life or liberty of a person, it must be provided within 48 hours.
iv) Grounds for Rejection: The PIO may reject a request for information if it falls under the exemptions specified in Sections 8 and 9, such as national security, trade secrets, or privacy concerns.
v) Communication of Decision (Section 7(8)): If the request is rejected, the PIO must communicate the reasons for rejection, the period within which the appeal can be filed, and the details of the appellate authority.
vi) Fee Payment: The applicant may be required to pay a prescribed fee for obtaining the information. The period for providing information excludes the time taken for fee payment.
Conclusion: The disposal of request under RTI ensures that citizens receive timely and fair responses to their information queries, promoting transparency and accountability in the administration.
9. State the duties of Information Officer.
Answer: The Right to Information Act, 2005, makes it mandatory for every public authority to appoint Public Information Officers (PIOs) who are responsible for dealing with requests for information. Their duties are essential for ensuring the effective implementation of the Act.
The main duties of an Information Officer (PIO) are as follows:
i) Receiving Applications: The PIO must receive all RTI applications and assist applicants in drafting requests, especially those who cannot write or are illiterate.
ii) Providing Information: The PIO must furnish the requested information to the applicant within the prescribed time limit (30 days or 48 hours in urgent cases).
iii) Transfer of Applications: If the information sought pertains to another department or authority, the PIO must transfer the application within 5 days and inform the applicant about such transfer.
iv) Maintaining Records: The PIO must maintain proper records of RTI applications received, disposed, transferred, or pending for effective monitoring.
v) Proactive Disclosure: The PIO ensures that the public authority publishes and updates information proactively under Section 4(1)(b) of the RTI Act.
vi) Assistance to Applicants: The PIO must provide reasonable assistance to applicants, including helping them in making written requests and guiding them regarding the procedure.
vii) Communication of Decision: In case of rejection of a request, the PIO must communicate the reasons for such rejection and details of the appellate authority.
viii) Avoiding Penalties: The PIO must ensure prompt and accurate responses to avoid penalties under Section 20 of the Act.
Conclusion: The Information Officer acts as the key link between the citizens and the public authority. Their efficiency, transparency, and responsibility determine the successful implementation of the RTI Act.
10. Discuss the objectives of RTI Act.
Answer: The Right to Information Act, 2005, was enacted with the objective of promoting transparency, accountability, and openness in the working of every public authority. It empowers citizens to seek information and hold the government accountable for its actions.
The main objectives of the RTI Act are as follows:
i) Promoting Transparency: The primary objective is to make government functioning open and transparent by allowing citizens access to information about decisions, policies, and activities.
ii) Ensuring Accountability: By enabling citizens to question the functioning of public authorities, the Act ensures that government officials are held accountable for their decisions and actions.
iii) Curbing Corruption: Transparency brought about by the RTI Act discourages misuse of power, delays, and corrupt practices within public offices.
iv) Empowering Citizens: The Act empowers citizens by providing them the legal right to obtain information from public authorities, thus strengthening participatory democracy.
v) Improving Governance: Through informed citizens, the Act ensures better governance and promotes efficiency, responsiveness, and responsibility in public administration.
vi) Encouraging Public Participation: By making information accessible, the Act enables citizens to participate actively in decision-making processes and policy formulation.
vii) Safeguarding Fundamental Rights: The RTI Act is a tool to uphold the Fundamental Right to Freedom of Speech and Expression as recognized under Article 19(1)(a) of the Constitution.
Conclusion: The RTI Act, 2005, is a revolutionary legislation that transforms India into a more transparent, accountable, and citizen-centric democracy by empowering individuals with the right to know and question the functioning of public authorities.
10 Marks Questions (Long / Essay Type)
1. What are ‘Information’ and ‘Right to Information’? Discuss the formalities of request. (GU BCom 2021)
Answer:The Right to Information Act, 2005, is one of the most significant legislations in India that ensures transparency and accountability in the working of public authorities. It gives every citizen the right to access information held by the government, thereby promoting democratic governance.
Meaning of Information: According to Section 2(f) of the RTI Act, “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, 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.
Thus, information refers to any recorded data held or controlled by a public authority, whether in written, printed, or electronic form.
Meaning of Right to Information:
According to Section 2(j), “Right to Information” means the right to access information held by or under the control of any public authority. It includes the right to:
i) Inspect works, documents, and records;
ii) Take notes, extracts, or certified copies of documents or records;
iii) Take certified samples of material; and
iv) Obtain information in the form of diskettes, floppies, tapes, or in any other electronic mode.
Hence, the Right to Information empowers citizens to seek and obtain information, ensuring transparency and good governance.
Formalities of Request (Procedure for Seeking Information): The procedure for seeking information under the RTI Act is laid down in Sections 6 and 7 of the Act. The formalities are as follows:
i) Application to Public Information Officer (PIO): A person who desires to obtain any information shall make a request in writing or through electronic means in English, Hindi, or the official language of the area to the PIO of the concerned public authority.
ii) Details Required in Application: The applicant must clearly specify the particulars of the information sought but is not required to give any reason for requesting such information.
iii) Payment of Prescribed Fee: The applicant must pay the prescribed application fee along with the request. However, no fee is payable by persons belonging to the Below Poverty Line (BPL) category.
iv) Transfer of Application (Section 6(3)): If the requested information pertains to another public authority, the PIO must transfer the application to that authority within 5 days and inform the applicant about the transfer.
v) Disposal of Request (Section 7): The PIO must provide the information within 30 days of receiving the request. If the information concerns the life or liberty of a person, it must be provided within 48 hours.
vi) Rejection of Request: If the information sought is exempted under Sections 8 and 9 (such as national security, personal privacy, or trade secrets), the PIO must communicate the reasons for rejection, the time limit for appeal, and the details of the appellate authority.
Conclusion: The Right to Information Act has transformed the relationship between the government and citizens by making information easily accessible. The formalities under the Act are simple and designed to make the process citizen-friendly, ensuring openness and accountability in governance.
2. Explain the salient features of RTI Act. (GU BCom 2023)
Answer: The Right to Information Act, 2005, is a landmark legislation that seeks to promote transparency and accountability in the working of public authorities. It empowers citizens to access information under the control of the government and ensures participatory governance.
The salient features of the RTI Act are as follows:
i) Comprehensive Coverage: The Act extends to the whole of India and applies to all public authorities, including government departments, ministries, public sector undertakings, and bodies substantially financed or controlled by the government.
ii) Definition of Information (Section 2(f)): The Act defines information broadly to include any material in any form—records, documents, memos, e-mails, circulars, orders, or reports—held by or under the control of any public authority.
iii) Right to Information (Section 2(j)): It grants every citizen the right to access information, inspect records, take notes or certified copies, and obtain information in electronic form.
iv) Obligations of Public Authorities (Section 4): Public authorities are required to maintain records properly, publish essential information proactively, and update it regularly to promote transparency.
v) Designation of Public Information Officers (Section 5): Each public authority must appoint Public Information Officers (PIOs) at all administrative levels to receive and process information requests from citizens.
vi) Simple and Time-Bound Procedure: The procedure to seek information is simple, requiring only a written application with a nominal fee. The PIO must respond within 30 days, or 48 hours if the information concerns life or liberty.
vii) Two-Tier Appellate System (Section 19): The Act provides for a two-tier appeal process—first to the departmental appellate authority, and second to the Central or State Information Commission.
viii) Exemptions from Disclosure (Sections 8 and 9): Certain information is exempted from disclosure, such as information affecting national security, foreign relations, trade secrets, or personal privacy.
ix) Penal Provisions (Section 20): The Act imposes penalties on PIOs for delay, denial, or malafide refusal to provide information. The penalty is ₹250 per day of delay, subject to a maximum of ₹25,000.
x) Central and State Information Commissions: The Act provides for the establishment of the Central Information Commission (CIC) and State Information Commissions (SIC) to ensure implementation and redress grievances.
xi) Proactive Disclosure: Public authorities must publish information about their organization, duties, decision-making process, and budget allocation even without citizens requesting it.
Conclusion: The RTI Act is a powerful instrument for promoting good governance. Its salient features ensure transparency, accountability, and citizen empowerment by making the government more open and responsible.
3. Discuss the obligations of public authority under RTI Act. (GU BCom 2019, 2020, 2024)
Answer: The RTI Act, 2005, imposes certain statutory obligations on public authorities to ensure transparency and accountability. These obligations are primarily laid down under Section 4 of the Act and aim to make information freely accessible to the citizens.
The obligations of public authorities are as follows:
i) Maintenance of Records (Section 4(1)(a)): Every public authority must maintain all its records duly catalogued, indexed, and computerized to facilitate easy access and dissemination of information.
ii) Proactive Disclosure (Section 4(1)(b)): Public authorities are required to publish, at regular intervals, detailed information about their organization, functions, duties, powers, decision-making procedures, rules, regulations, and norms.
iii) Designation of Officers: Each public authority must appoint Public Information Officers (PIOs) and Assistant PIOs in all administrative units or offices to handle requests and provide information promptly.
iv) Publication of Facts and Decisions: Public authorities must publish relevant facts while formulating policies or announcing decisions that affect the public.
v) Providing Reasons for Decisions: Authorities must provide reasons for their administrative or quasi-judicial decisions to affected persons to ensure transparency and fairness.
vi) Regular Updating of Information: The information published under Section 4(1)(b) should be updated every year to keep the public informed about the latest changes.
vii) Assistance to Citizens: Public authorities must render reasonable assistance to citizens seeking information, especially to those who cannot read or write.
viii) Compliance with RTI Requests: Public authorities are responsible for ensuring that information requests are handled promptly and in accordance with the time limits prescribed by the Act.
Conclusion: The obligations of public authorities under the RTI Act aim to transform public administration from secrecy to openness, thereby strengthening democracy and reducing corruption in governance.
4. Discuss the powers and functions of Information Commission.
Answer: The Information Commissions—both Central and State—are statutory bodies established under the Right to Information Act, 2005, to oversee its implementation and adjudicate appeals and complaints. Their powers and functions are detailed under Sections 18, 19, and 20 of the Act.
A. Powers of the Information Commission:
i) Power to Inquire (Section 18): The Commission has the power to receive and inquire into complaints from persons who have been denied access to information.
ii) Power to Summon and Enforce Attendance: The Commission can summon any person, enforce attendance, and require them to give evidence under oath.
iii) Power to Require Document Production: It can compel the discovery and inspection of documents and records from any public authority.
iv) Power of a Civil Court: While inquiring into any matter, the Commission has the same powers as a Civil Court under the Code of Civil Procedure, 1908.
v) Power to Impose Penalties (Section 20): If a PIO fails to furnish information without reasonable cause, the Commission can impose a penalty of ₹250 per day, up to ₹25,000, and recommend disciplinary action.
vi) Power to Direct Disclosure: The Commission can direct a public authority to provide information to the applicant or to take steps to secure compliance with the RTI Act.
B. Functions of the Information Commission:
i) Hearing of Appeals and Complaints: The Commission hears second appeals and complaints relating to denial or delay of information by public authorities.
ii) Monitoring and Reporting: It monitors the implementation of the Act and prepares an annual report to be submitted to the Parliament or the State Legislature.
iii) Promoting Awareness: It works to promote awareness among the public about their right to information and among public authorities about their obligations.
iv) Advisory Function: The Commission advises public authorities on measures for effective implementation of the provisions of the RTI Act.
v) Ensuring Compliance: It ensures that all public authorities comply with their obligations to maintain and publish information under Section 4 of the Act.
Conclusion: The Information Commission acts as a guardian of the citizen’s right to information. Its wide powers and critical functions ensure the effective implementation of the RTI Act and uphold transparency and accountability in public administration.
5. Explain the appeal procedure under RTI Act.
Answer: The Right to Information Act, 2005, provides a well-defined appeal mechanism to ensure that citizens’ rights to information are protected and grievances are redressed efficiently. The appeal procedure is provided under Section 19 of the Act and consists of two stages—First Appeal and Second Appeal.
i) First Appeal (Section 19(1)): If an applicant does not receive a response from the Public Information Officer (PIO) within 30 days, or is aggrieved by the response received, he may file a first appeal.
a) Appellate Authority: The first appeal is made to an officer senior in rank to the PIO within the same public authority.
b) Time Limit for Filing: The first appeal must be filed within 30 days from the date of receipt of the PIO’s decision or from the expiry of the prescribed time limit.
c) Disposal of Appeal: The First Appellate Authority must dispose of the appeal within 30 to 45 days, giving the applicant a reasonable opportunity of being heard.
ii) Second Appeal (Section 19(3)): If the applicant is not satisfied with the decision of the First Appellate Authority, he may file a second appeal to the Information Commission.
a) Appellate Body: The second appeal lies with the Central Information Commission (CIC) or the State Information Commission (SIC), as the case may be.
b) Time Limit: The second appeal must be filed within 90 days from the date of the decision of the first appeal.
c) Decision of the Commission: The Information Commission may confirm, modify, or reverse the decision of the public authority or the First Appellate Authority. Its decision is binding.
iii) Burden of Proof (Section 19(5)): In any appeal proceeding, the burden of proving that denial of a request was justified lies with the Public Information Officer.
iv) Complaint to the Commission (Section 18): Apart from appeals, an individual can also lodge a complaint directly to the Information Commission in case of refusal to accept an application, unreasonable delay, or demand for excessive fees.
Conclusion: The appeal procedure under the RTI Act provides a fair and efficient mechanism to protect citizens’ rights and ensure accountability of public authorities. By providing for two stages of appeal and clear timelines, the Act ensures transparency, fairness, and timely redressal of grievances.
6. Discuss penalties for non-compliance under RTI Act.
Answer: The Right to Information Act, 2005 was enacted to promote transparency and accountability in the working of every public authority. However, to ensure effective implementation of the Act, strict penalties are imposed on Public Information Officers (PIOs) who fail to comply with the provisions of the Act. The penalties are aimed at preventing misuse of power and negligence in providing information to citizens.
Under Section 20 of the RTI Act, the penalties for non-compliance are as follows:
i) Delay in providing information: If a PIO fails to furnish the required information within the prescribed period of 30 days without any reasonable cause, he is liable to pay a penalty of ₹250 per day, till the application is received or information is furnished. However, the total penalty shall not exceed ₹25,000.
ii) Refusal to receive application: If the PIO refuses to receive an RTI application without valid reason, he is liable for penalty under Section 20(1).
iii) Providing false, incomplete or misleading information: If the PIO knowingly gives incorrect, incomplete, or misleading information, the same penalty of ₹250 per day (up to ₹25,000) applies.
iv) Destruction of information: If the officer destroys or obstructs the furnishing of information, he is liable for the maximum penalty under the Act.
v) Disciplinary action: Apart from the monetary penalty, the Information Commission may recommend disciplinary action against the concerned officer under the service rules applicable to him.
vi) No penalty for bona fide reasons: If the PIO can prove that the delay or default occurred due to reasonable cause or circumstances beyond his control, no penalty shall be imposed.
The penalty provisions ensure accountability among officers and encourage transparency in public administration. Thus, these measures serve as a deterrent against negligence, misuse of authority, and suppression of information.
7. Explain the role of Central and State Information Commission.
Answer: The Right to Information Act, 2005 provides for the establishment of independent authorities known as the Central Information Commission (CIC) and the State Information Commissions (SICs) to oversee and ensure the implementation of the Act. Their primary role is to act as appellate authorities and watchdogs for promoting transparency in public administration.
i) Central Information Commission (CIC): The CIC is constituted by the Central Government under Section 12 of the Act. It consists of one Chief Information Commissioner and up to ten Information Commissioners.
Functions and Powers of the CIC:
a) To receive and inquire into complaints from any person who has not been able to obtain information from a public authority.
b) To decide appeals against decisions of Central Public Information Officers (CPIOs).
c) To order disclosure of information where it has been wrongly denied.
d) To direct public authorities to maintain proper records and publish certain categories of information.
e) To impose penalties on erring officers for non-compliance.
f) To prepare annual reports on the implementation of the RTI Act and submit them to the Parliament.
ii) State Information Commission (SIC): Each State Government establishes a State Information Commission under Section 15 of the Act. It consists of one State Chief Information Commissioner and up to ten State Information Commissioners.
Functions and Powers of the SIC:
a) To hear complaints and appeals relating to information requests made to State Public Information Officers.
b) To direct disclosure of information when refused without reasonable cause.
c) To impose penalties for delay or non-compliance by public authorities in the State.
d) To promote awareness about the RTI Act among the public and public authorities.
e) To prepare and submit annual reports on RTI implementation to the State Legislature.
Thus, both Commissions play a vital role in ensuring the citizens’ right to information and in maintaining transparency and accountability in the working of government bodies.
8. Discuss the scope and limitations of RTI Act.
Answer:
The Right to Information Act, 2005 is a landmark legislation that empowers citizens to seek information from public authorities, thereby promoting openness, accountability, and good governance. However, while its scope is wide, it also has certain limitations to balance transparency with national security and privacy.
Scope of RTI Act:
i) The Act applies to all public authorities, including government departments, ministries, public sector undertakings, and bodies substantially financed by the government.
ii) It covers Union and State Governments, local bodies, and statutory institutions.
iii) Citizens have the right to inspect works, documents, and records; take certified copies; obtain information in electronic forms; and request samples of materials.
iv) The Act mandates suo motu disclosure by public authorities, reducing the need for individual requests.
v) It covers both central and state level institutions, ensuring a uniform right to information across India.
vi) Even NGOs or private bodies substantially financed by the government are covered under the Act.
Limitations of RTI Act:
i) Exempted organizations: Certain security and intelligence agencies such as RAW, IB, and CBI are exempted under Section 24, except in cases involving corruption or human rights violations.
ii) National security and sovereignty: Information that may harm the sovereignty, integrity, or security of India is exempt from disclosure.
iii) Commercial confidence: Trade secrets or intellectual property that would harm competitive position cannot be disclosed unless public interest outweighs the harm.
iv) Personal information: Disclosure of personal information that would invade the privacy of an individual is restricted.
v) Judicial proceedings: Information that may obstruct ongoing investigations or court proceedings cannot be disclosed.
vi) Administrative burden: Frequent or vague RTI requests can burden officials and delay public work.
In conclusion, while the RTI Act is a powerful instrument to promote transparency and curb corruption, its limitations are necessary to safeguard national interest, privacy, and administrative efficiency.
9. Explain the procedure for filing RTI application.
Answer: The Right to Information Act, 2005 lays down a simple and citizen-friendly procedure to obtain information from any public authority. The Act enables any Indian citizen to file an application for information without giving reasons for the request. The steps involved are as follows:
i) Identify the Public Authority: The applicant must first determine which public authority holds the information. For example, if the information concerns a central government department, it should be addressed to the Central Public Information Officer (CPIO).
ii) Drafting the Application: The RTI application should be written clearly, mentioning the name and address of the applicant, details of the information sought, and a declaration that the applicant is an Indian citizen. It can be written in English, Hindi, or the official language of the area.
iii) Mode of Application: The application may be submitted in writing, by post, or online through the RTI portal (https://rtionline.gov.in). Applicants can also apply through electronic means.
iv) Payment of Fees: A nominal application fee of ₹10 must be paid. Payment modes include Indian Postal Order (IPO), demand draft, cash, or online payment.
v) Submission of Application: The application should be sent to the designated Public Information Officer (PIO) or Assistant Public Information Officer (APIO) of the concerned department.
vi) Acknowledgment and Processing: The PIO is required to process the application and provide the information within 30 days of receipt. If the information concerns life or liberty, it must be provided within 48 hours.
vii) Appeal Process: If the applicant does not receive information or is unsatisfied with the reply, he can file a First Appeal to the Appellate Authority within 30 days. If still unsatisfied, a Second Appeal can be made to the Central or State Information Commission.
The simple and time-bound procedure ensures that citizens can easily access information and hold authorities accountable, thereby strengthening democracy.
10. Discuss the object and importance of RTI Act.
Answer: The Right to Information Act, 2005 was enacted with the objective of empowering citizens to seek information from public authorities, thereby ensuring transparency and accountability in governance. It is considered one of the most progressive legislations in India that strengthens democracy and curbs corruption.
Objects of the RTI Act:
i) To promote transparency and openness in government functioning.
ii) To hold public authorities accountable for their actions and decisions.
iii) To empower citizens to question the functioning of government departments.
iv) To minimize corruption by exposing misuse of power and public funds.
v) To make the government more responsive and responsible to the people.
vi) To encourage participation of citizens in governance and decision-making.
Importance of the RTI Act:
i) Empowerment of citizens: The Act empowers every citizen with the legal right to access information, enabling them to participate more effectively in democratic processes.
ii) Transparency and accountability: It makes the functioning of government departments more transparent and accountable to the public.
iii) Reduction in corruption: By compelling authorities to share information, the Act reduces opportunities for corruption and misuse of power.
iv) Good governance: The Act promotes efficiency, fairness, and justice in public administration.
v) Protection of fundamental rights: The right to information is linked to the Fundamental Right to Freedom of Speech and Expression under Article 19(1)(a) of the Constitution.
vi) Public awareness: It helps citizens understand government policies, decisions, and expenditures, promoting awareness and participation.
In conclusion, the RTI Act is a milestone in Indian democracy that strengthens the relationship between the government and the citizens by ensuring openness, accountability, and the right to know. It truly embodies the principle that “information is power” and every citizen has a right to access it.
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