Right to information

                                             Right to Information


INTRODUCTION


India is regarded as the world's largest democracy. Transparency, openness, and accountability are fundamental features of any democratic system. Because public authorities or administrative authorities in India have broad discretionary powers, legislators and the general public are concerned that this could lead to abuse of power, resulting in maladministration and corruption. For this reason, the common people of the country should have the right to obtain information about public officials' behaviour or actions, allowing the check and balance system to function properly. As a result, the concept of the right to information has arisen. The right to information refers to the people's ability to participate in governance by gaining access to information kept by administrative or public authorities on the functions they perform for the public good.


Necessity

The current situation necessitates the right to information since it aids in maintaining transparency and accountability in government functioning. It contributes to the creation of an environment in which the general people can obtain information about government actions, plans, Yojanas, projects, and other initiatives, so improving the government's response to society. It took roughly 80 years for India's Right to Information Act to change a corrupt system of power, backed by the "colonial officials secrets act," into a place where people can demand the "right to information." With the recent adoption of the "Right to Information Act, 2005," India has a sense of pride in being the world's largest democracy. India has likewise developed into a powerful democracy. The extraordinary transition in Indian democracy, with citizens having more access to information. "The government has mostly funded its major priority on transparency and accountability in relation to public authorities," it says. Right to information has constitutional status, also it is enforced from Article 19 (1)(a) which talks about “fundamental rights of freedom of speech and expression”.

This Act is very necessary for each and everyone due to this our government officials and public institutions gathered information and work upon them. It embedded the right of every citizen of India to have access or control of the information related to finance to any authority by the state, thereby responsibility arises on the authority to use the information effectively without including into any corrupt activities. “In one of the cases, the Supreme Court of India ruled that every person has a right to know about expenses and assets against candidates for election, because these candidates offer the public services with their own desire so that they cannot demand exemption from any of the details related to assets or any charges against them.”  According to the above case, not only candidates but a political parties, worship places, education centres, but even  private schools and public companies fall under this Act.





Features of Right to Information Act, 2005


  • Public authorities have a duty to provide any information which is claimed by a citizen.

  • Public authorities are under the obligation that they need to circulate the information to the person who demands the information. However, this Act comes with certain obligations relating to the security of the nation, personal information & other person’s information.

  • There is a time limit on the authority to give information within 30 days.

  • If the authority denies providing any kind of information then the person has the power to go to the appellate authority.  Later they can also go for the second appeal which falls under the “central information commission/state information commission”.

  • Local court commands cannot be entertained in these scenarios.


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