What is RTI 2005?

Asked 17-Dec-2021
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Overview

‘Right to Information Act 2005’ (RTI)is the act which was enacted under the Parliament of India and it replaced the former act of ‘Freedom of Information act 2002’. The purpose to enact such an act was to provide information to the citizens of the country and the information should be related to the public interest.

              What is RTI 2005?


 RTI 2005

As we have discussed above the name and past view of the act and now we will try to go through the act a little more.
In the working of the RTI act a person can ask the information from the public authority (central government or state government), the related public authority will have to provide the information to the citizens in an expeditious manner or under 30 days. This restriction of providing information to the citizens can also be minimized to 48 hours for providing information but these special cases is under special circumstances like the matter of any life and liberty will act as an emergency and the public authority will have to provide the information in 48 hours of the filing.

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The Right to Information Act was passed on 15 June 2005 and came into force on 12th October 2005. It has been calculated that on an average day approximately 4800 RTI’s applications are filed and from the enactment of the act till today about 17,500,000 applications of RTI has been filed

It is very important to consider the act from the constitutional aspect, and this RTI act has not been included by the Parliament in the Fundamental Rights but if we look in the article of 19(1) (a) and also under the article of right to life and liberty in 21, these two articles are providing the indirect access to avail the Right to Information.

As in current time, the Right to Information has been provided by the Government but, earlier it was not allowed to the people of the country and also there were a lot of attempts that was made to not show the or provide the Data or any information to the people also an act was enacted by the then government of India to have the base of not providing the information and that act was the Officers Secret Act 1923.

Amendments in RTI act 2005

The amendments in the act have been made in 2019 and many sections of the act have been amended like sections 13, 16, and 27 of the act. Sections 13 of the act in the original act tells about the term of the Central Chief Information Commission and Information Commissioner at five years and the age is 65 years.

Controversy
There was also a controversy related to the subject of Fundamental Rights, whether the Right to Information is a Fundamental Right or not? The case reveals the fact about the relation between the Fundamental Right and Right to Information.

Ashwani Kumar Singh's case on 20th September 2020, the decision was made by the bench that the Right to Information is included under the Fundamental Right of Citizens.

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