Author: Anand Pandey , Atal Bihari Vajpayee School Of Legal Studies Csjmu Kanpur Nagar
INTRODUCTION
The Right to Information Act, 2005 hereinafter referred as a RTI Act 2005 is an statuary measure by the parliament of India which is operational from the 12th October 2005. This act outlines the right to information to the citizens to assure the access to information to maintain and promote the transparency and accountability in the functioning of any public authorities. The RTI ACT 2005, is not the first legislation which set out for the enforcement of right to information in India . Before this act there is Freedom of information Act,2002 which was passed on December 4, 2002.which was not notified. The National Advisory Council (NAC) appointed by UPA ( united progressive Alliance) Government recommended changes in the Act of 2002. The amendment act is known as the ‘Right to Information Act,2005.This Act is remarked as the step towards availability of information about the activities of government to the citizens.
The right to information is an extraordinary power of the citizen i.e. access to the information held by or under the control of any public authority and makes these authorities more accountable and responsible for their functioning. The fundamental right as mentioned under article 19(1)(a) “freedom Of speech and expression” also incorporates the right to acquire and disseminate the information. Though the right to information is formerly recognised by Court in catenation of cases as a part of fundamental right granted under Article19(1)(a) of Indian Constitution and it is extended to right to life as provided under Article21. This is a crucial action which makes the government and public authorities responsible and accountable for their functioning to the individuals.
OBJECTIVE OF THIS ACT
This act is specially enacted for enhancing the transparency and accountability of the public authorities by providing the right to information about government actions, functions, programs and process and make the democracy for the people of India in true sense. The main goal of this act as enrished in the preamble of this act are the following:
Accessibility to information- The RTI Act,2005 provides the right to information to citizen about the function, process and program of the government.
Enhancement of transparency and accountability – The RTI act is enacted to reduce the secrecy and the and increase the openness in the working of government and makes it more transparent.
Prevention of corruption – The RTI Act plays a crucial role in preventing the corruption in the working of government and their agencies and held answerable those who are responsible for these corruption.
Establishment of Information commission – This act provides for the establishment of information Commission both at the centre and state level ( Central Information commission and State Information Commission).
SCOPE OF THIS ACT
The RTI ACT,2005 is one of the landmark legislation in India . Except the Jammu & Kashmir it is applicable to whole of India . This act is applicable to the public authorities as defined under the section 2(h) of this act. Public authorities includes the government (central and state), Public Sector Undertaking (PSUs), Local Authorities, Statutory Bodies, Constitutional Bodies (Election commission, CAG , Union Public Service Commission (UPSC), Non- Governmental Organisation (NGOs), Autonomous bodies.
This act applies to above mentioned public authorities and requiring them to maintain record of their work ( policies, activities, and the decisions),provide information (facilitate the information to the citizens within the provided timeframe), Appointment of Public Information Officers(PIOs).This act increase the participation of citizens in governance and decision making process by enhancing the transparency and accountability of these authorities.
KEY PROVISION
The RTI ACT 2005 is a revolutionary law which provides the accessibility to each individual to uncover or open the information held by the government and their agencies. These are significant provision which aim to promote transparency and accountability in respect of public authorities:
RIGHT TO INFORMATION
Right to access information: The RTI ACT provides the right to information to citizens i.e. access to information subject to certain exemption under section 8 from the public authorities, government and their agencies.
Definition of information: Information includes any material in any form including documents, memos, records ,emails ,data and opinions.
PUBLIC AUTHORITIES
Definition of public authority: The term ‘Public Authority’ refer to any authority or body which is established or constituted by the Indian Constitution, any law or by government notification.
Obligations of public authorities: The above mentioned authorities are required to maintain the proper record of their functioning, provide information and to designate the officials as the Public Information Officers (PIOs).
REQUESTING AND PROVIDING INFORMATION
Application process: The applicant have to fill out RTI application form, which can easily available form their website or to be obtained from the public authority ‘office and submit the application either in person or by post to the public authority.
Request for information: The applicant is required to clearly mention the information they sought and provide the sufficient details to public authority which enables them to easily identify the information.
Application and additional Fees- In order to obtain the information the Applicant have to pay the prescribed fee usually ₹10. Where the additional fees are required, the public authority must inform the applicant and the applicants is duty bound to bear the other additional fees.
Disclosure and format- The public authorities are under duty to disclose the information to the applicant except the information exempted under section 8 of this act and if possible, the such information is in the format as requested by the applicant.
EXEMPTION UNDER RTI ACT
As a general Rule the public authorities are required to furnishing information sought by applicant but subject to exemptions provided under section 8(1) and 9 of the Act and public authorities must provide the clear reason for the rejection of request for information to the applicant. Under section 8(1) these information are exempted :
Where the security, sovereignty, integrity would affected by disclosure of information;
Where it include contempt of court;
Where it leads to infringement of breach of Parliament or the state legislature
Where it includes information regarding the commercial confidence, trade secrets or intellectual property
Where information is received in confidence from foreign government
Where it includes fiduciary relationship
Where disclosure endanger the life or physical safety of any person
Where it includes cabinet papers
APPEAL
First appeal – If the applicant is not satiated by the provided information or with response, they can within 30 days appeal to the First Appellate Authority.
Second appeal – If the applicant is aggrieved with the decision of the First Appellate Authority, they have to file a second appeal within 90 days to the Central Information Commission or State Information commission.
PENALTIES
There is a provision of Penalties which includes the fines and disciplinary action when the public Information Officers fails to provide the Information for the applicant.
Imprisonment- If there is a wilful deny or obstruction on the part of public authority, they can be imprisoned upto 5 years.
Fine- The fine can be imposed on public authority if they fails to provide the information within the prescribed time frame work.
OTHER RELEVANT PROVISONS
Suo motu disclosure- Under this the Public authorities must voluntarily Imparts information about their functions, powers, and their working.
Training and awareness- The public authorities are required to provides training and awareness programs on RTI Act for public and their Employees.
ROLES AND RESPONSIBILITIES OF PIOs
Public authorities are required to designate the public Information Officers as specified in the section 5 of this act to access information to the citizen. Any officer, whose assistance has been sought by PIO shall be regarded as a PIO for the proper discharge of his or her duties. A PIO shall receive the applications of citizen seeking the information and dispose it within the time framework provided under section 7&8 of this Act. These PIOs plays a significant role in the proper implementation of the RTI Act ,2005 And ensuring transparency and accountability in actions of public authorities, government and their agencies by providing the access to information . These are the responsibilities of PIOs:
PRIMARY RESPONSIBILITIES
Assisting applicants’ The PIOs render proper assistance to applicants and where the application can made in writing assists them to reduce it in writing.
Receiving applications: The PIOs designate under this act are mandate to receive and process the applications, and certify it to be complete and proper application.
Dissipation of information: PIOs renders the proper Information sought by the citizens and also to media, stakeholders about the policies, functions and organizational activities .
Maintaining records: PIOs are required to maintain proper records of all the RTI applications, information provides and fees collected
Forwarding application- Where the information sought is closely connected with the functioning of other public authority, then the PIOs shall within 5 days of filing the application transfer such request to Information to other public Authority and inform about it to the applicant.
Seeking of assistance- PIOs may seek the assistance of any other officer for proper discharging of his or her duties.
Deemed refusal- The PIOs deemed to has refused the request when he fails to give decisions within the time specified under this Act.
Information within 48 hrs- The PIOs shall provide the information within 48 hours, where the information are related to the life and liberty of person.
Rejection of applications – The PIOs may reject the request of Information for any reason specified under section. 8&9.
Reason of rejection- The PIO shall communicate to the requester the reason of rejection of application, period within the appeal for rejection may be preferred to the Appellate Authority, the particulars of the Appellate Authority.
SECONDARY RESPONSIBILITIES
Public Surpass- They have to develop and implement outreach programs to engage with the public, to disseminate the organizational missions and activities.
Relation with Media- The PIOs have to maintain relationships with media representatives, answer to their inquiries and scheduled interviews with the organization officials.
KEY ISSUES IN RECRUITMENT PROCESS OF PSCs
These are some major issues in relation to transparency and accountability in PSC recruitment process:
Lack of clear recruitment criteria: Most probably there is a ambiguous recruitment criteria relating to the age, eligibility criteria, vacancies as provided by the state PSCs which can lead to subject decision making and confusion.
Unnecessary delay : The recruitment process takes very long time and there’s no right time framework fir completion of recruitment process and these service commission are not answerable for such delays.
Non – disclosure of marks and selection process – These is a failure on the part of PSCs to disclose the marks of candidates and the selection process.
Limited access to information- Candidates have a limited access to the information which result as a transparency issues.
Ineffective redress mechanism – There is a lack of effective redress mechanism can leave candidates with no option to file their complaints and their disputes.
RTI ACT,2005: TOOL FOR STRENGTHING RECRUITMENT PROCESS OF PSCs
The right to information Act,2005 is a powerful tool that can leveraged to strength the transparency and accountability process of state PSCs. The main purpose of RTI is to access to information to the citizen act as a boost up to transparency and accountability. These are major changes which drawn after the enforcement of this act which facilitate proper recruitment process –
Access to information to candidates
Proper time framework for providing information
Liabilities in cases of incompliance of act’s provision
There are many cases is which the court ruled which results in transparent recruitment process. The Delhi High Court decision in the case of Union public Service commission. N. Sugarthan, the CIC orders the UPSC to disclose information related to shortlisted candidates in various requirement process. The appellant UPSC challenged the CIC’s order. The HC reinforce the order of CIC to disclose the information and upheld the principle that information related to the qualifications and experience of candidates is not fall within the exemption under the RTI Act.
SUGGESTION / RECOMMENDATIONS FOR ENHANCING THE TRANSPARENT RECRUITMENT PROCESS
Proper access to information- PSCs must provide the process access to information to candidates related to process, eligibility criteria, age and other necessary information. This step uphold the trust over the process.
Disclosure of marks and examination limits – For strengthening transparency and accountabilty in PSCs recruitment process there is availability of marks and result at every stage.
Proper time framework- There is a scheduled time for each stage of process and PSCs must adhere with such time. This ensures transparency and help to complete the process quickly.
Proper redressal mechanism – there must be a effective redress Mechanism to which the candidates can raise concerns or complaints about any issue and resolved it within timely.
Awareness programs – There must be awareness programs about the provisions of the RTI Act.
Conclusion
The right to information paves a way to access to information and its impact on Authorities accountability subject of profound significance, with the extensive implications for transparency, participation of citizens. RTI as a legal and procedural framework provides the access to information to the citizens held by the public authority. In reference the RTI act plays a vital role in strengthing the accountability and transparency of recruitment process of state PSCs by providing access to information to candidates and by providing mechanism for effective redressal. It is a result of consistent efforts of citizens, government and institutions that the implication of RTI is fully realised.
