BASIC OF RTI ACT

Before applying any RTI application one should gain knowledge and information about basic information of the RTI Act to use the act properly. As we expand our knowledge, the basic information of the RTI Act helps us to become smarter in filing RTI. So, it is important to gain knowledge and information at first. RTI is a unique fundamental right which leads any citizen to inquire about government work. As citizens pay tax to the government and the government takes responsibility for citizens, citizens have the right to know how their money is being spent not only that they also can gain any information about public authority or government under section 19 (1). Here we will discuss the basic information about the RTI Act.

DEFINITION OF SOME SPECIFIC TERMS

The definition of basic terms of RTI is given below :

INFORMATION

In section 2 (f) of the RTI Act Information means any records, e-mails, advice, opinion, etc. which is helpful to solve our problems.

RIGHT TO INFORMATION

Right to Information means the right of citizens to an inspection of government work taking the required information. It belongs in section 2 (j) of the RTI Act.

RECORD

In section 2 (i) of the RTI Act record means any document, manuscript, file, video, material produced by a computer, or any device which can help to get any proof and to get the solution of our problems.

PUBLIC AUTHORITY

In the Indian constitution, under the section 2 (h) of the RTI Act, Public Authority means an authority or an institution of self-government which is basically established or owned by the constitution or by the law made by parliament /state legislature or by the notification made by appropriate government and also the institution which is substantially financed or controlled by the appropriate government.

Every appropriate government is a public authority but every public authority is not an appropriate government. For example, an NGO which is substantially financed under the central government is a public authority, but not an appropriate government.

APPROPRIATE GOVERNMENT

In the constitution, under section 2 (a) of the RTI Act, appropriate government means public authorities which are totally constituted or owned or controlled under the central government or the union territory or the state government

CENTRAL PUBLIC INFORMATION OFFICER

Under section 2(c) of the RTI Act, the Central public information officer is the public information officer under the central government who is responsible directly or indirectly to collect information from the public and forward it to the Central Information Commission. Under the public information officer, the assistant public information officer who is also responsible to collect information from the public and forward it to PIO is included.

COMPETENT AUTHORITY

Under section 2 (e) of the RTI Act, the competent authority is –

• The speaker of the Lok Sabha or legislature assembly or union territory

• The chairman of the Rajya Sabha

• Chief Judge of India in Supreme Court

• Chief Judge of India in High Court

• The President or Governor in case of an authority established by or under the constitution

• The Administrator under the article-239 of the constitution.

THIRD-PARTY

Under section 2 (n) of the RTI Act, a third party means a person included public authority who can ask for information for himself or other persons.

WHY IS THE RTI ACT NEEDED AS AN ACT

Our fundamental right becomes an act because one can go to any government department and told the officer that RTI is his/her fundamental right therefore as a citizen he/she wants to see all files of that office which is insulting, and not agreeable to the officer. So, it is necessary for machinery or process through which he/she can use this fundamental right properly i.e. RTI Act is a process by which we simply learn how to apply for information, where to apply, etc. and it is the basic reason for which the right is transferred into an act to maintain the balance between citizens and government.

WHO WILL GIVE THE INFORMATION

In every government department, one or more existing officers are designated as Public Information Officers (PIO). These PIOs are like nodal officers. Basically, they are responsible for collecting and providing information. Under PIOs, several officers have been appointed as Assistant Public Information Officer (APIO) who are responsible to accept an application from the public and forward it to the right PIO.

DESIGNATED OFFICER

These officers are directly involved in the RTI Act and have a great responsibility in producing proper responses.

THE NAME OF THE PRESENT CENTRAL CHIEF INFORMATION COMMISSIONER

Bimal Julka

WHY FREEDOM OF INFORMATION ACT WAS REPLACED

The Freedom of Information Act is the basis of the Right to Information Act. The Freedom of Information Act was mainly enacted for the eradication of poverty but this act cannot come into effect in 2002. The official secret act, established in 1923, became the obligation of the Freedom of Information Act because none can use the freedom of information act to know the policies and programs of the government. In 2004 as Prime minister, Dr. Manmohan Singh decided to rebuild this act and the idea became fulfilled in 2005.