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Right to Information is an implicit right under Article 21 of the constitution. • Right to Information Act (RTI) was enacted in 2005 which mandates timely response to citizen requests for government information by public authorities as well as union and state governments. The act defines ?Public Authority under section 2(h) of the act, • As any authority or body or institution of self-government established or constituted a) By Constitution or by any law made by the parliament or state legislature. b) By notification issued or order made by the Central Government or a State Government. • Bodies owned, controlled or substantially financed by the Central Government or a State Government. • Non-Government organisations substantially financed directly or indirectly by the Central Government or a State Government. • RTI specifies information is required to be published within 120 days of the notification of the Act in respect of the items listed therein. • Listed items are like the particulars of the organisation, its function and duties, norms set for discharge of functions, etc. The information can be in any form, including records, documents, opinions, press releases, circulars, contracts, etc. or can be data material held in any electronic form. • RTI Act prescribes a maximum of 30 days for disposal of applications. • It specifies for one CPIO (Central Public Information officer) for each department, who could forward the RTI applications to the right persons within the department. • Section 8 of the RTI Act exempts information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence‘. Recent Conflicts with regards to RTI 1) RTI & NHPC - In 2000, the J&K government signed MoUs with the Central government transferring seven hydro power projects to NHPC for funding, execution and operation. The NHPC is not publicising details of negotiations. Even Chief Information Commission (CIC) has denied access to information on J&K Hydel projects' negotiations. 2) RTI & BCCI - In another case, CIC in its order has urged CoA (Committee of administrators) running BCCI to bring BCCI under RTI. 3) RTI & Defence Ministry - Defence ministry at various instances failed to address the requests made under RTI act. CIC advised the Ministry of Defence (MoD) to ensure correctness and accountability in defence procurements. 4) The government has proposed amendments to the RTI Act that would allow the withdrawal of an application in case of the applicant‘s death. 5) RTI & CBI - Delhi High Court has ruled that CBI is not fully exempted from Right to Information (RTI) act. When a RTI activist sought information pertaining to corruption in several top offices from the CBI, it declined to share it. It has been denying information citing Section 24 of the RTI Act. 6) Section 24 of the act says that provisions of revealing information to the public will not apply to intelligence and security organisations, which include IB, RAW, NIA, CBI and the Enforcement Directorate. However, the act clearly states that the information pertaining to the allegations of corruption and human rights violations will not fall under Section 24 of the RTI act. It can be denied only if they fell under Section 8(1) of the RTI Act which gives 10 grounds on which information can be denied. 7) RTI and Attorney General- Delhi High Court in its ruling have held that Attorney General of India comes under the ambit of Right to Information (RTI) Act, 2005. This ruling reversed the previous decision of the Central Information Commission (CIC) which had held that Attorney General does not come under RTI Act. Attorney General is not merely a lawyer for the government, but is a constitutional authority. This is because functions performed by the AG under Article 76 (2) of the Constitution of India are in the nature of public functions. So the office of Attorney General is a public authority and comes under the ambit of section 2(h) of the RTI Act. The decision was given by Delhi High Court bench headed by Justice Vibhu Bakhru while hearing on two separate pleas filed by RTI activists Subhash Chandra Agarwal and RK Jain. In one plea, the petitioners had challenged the CIC ruling and urged the court to declare AG office answerable to RTI Act. In 2012, CIC bench had ruled that the Attorney General of India is only a person and cannot be considered an authority under the RTI Act.
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