JAN SAHAYAK SCHEMES

  Article Important Supreme Court Judgments  on RTI – Part VI In the matter of Chief Information Commissioner & Another. vs State of Manipur and Another the Supreme Court discussed various aspects and held as under: The right to information, which is basically founded on the right to know, is an intrinsic part of the fundamental right to free speech and expression guaranteed under Article 19(1)(a) of the Constitution: 9.The Constitution Bench of the Supreme Court in the State of Uttar Pradesh v. Raj Narain & others – AIR 1975 SC 865 speaking through Justice Mathew held: “…The people of this country have a right to know every public act, everything, that is done in a public way, by their public functionaries. They are entitled to know the particulars of every public transaction in all its bearing. The right to know, which is derived from the concept of freedom of speech, though not absolute, is a factor which should make one wary, when secrecy is claimed for tra...

Article Important Decisions of the Supreme Court on RTI Act– Part V   Removal of Misconceptions about RTI Act  Inspection of answer books by examinees is affirmed   In the matter of Central Board of Secondary Education & Anr. vs Aditya Bandopadhyay & Ors. the following decisions have been given by the Supreme Court: 35. At this juncture, it is necessary to clear some misconceptions about the RTI Act. The RTI Act provides access to all information that is available and existing. This is clear from a combined reading of section 3 and the definitions of ‘information’ and ‘right to information’ under clauses (f) and (j) of section 2 of the Act. If a public authority has any information in the form of data or analysed data, or abstracts, or statistics, an applicant may access such information, subject to the exemptions in section 8 of the Act. But where the information sought is not a part of the record of a public authority, and where such information is not r...

Article Important Decisions  of the Supreme Court on RTI Act – Part IV Fees issue: In the matter of Institute of Companies Secretaries of India vs Paras Jain, Civil Appeal No. 5665/2014 the Supreme Court said that the short issue before us is when the answer scripts of appellant’s examination is sought whether the fee prescribed under Rule 4 of the Right to Information (Regulation of Fee and Cost) Rules, 2005 payable or that 3 under Guideline No. 3 of the Guideline, Rules and Procedures for Providing Inspection and/or Supply of Certified Copy(ies) of Answer Book(s) to Students, framed by the Examination Committee of appellant’s statutory Council at its 148th Meeting held on 14.08.2013.  After deliberation it held: 12. Be that as it may, Guideline no.3 of the appellant does not take away from Rule 4, The Right to Information (Regulation of Fees and Cost) Rules, 2005 which also entitles the candidates to seek inspection and certified co...

Article Important Decision of the Supreme Court on RTI Act Part-III What does Substantially Financed under RTI Act Conveys? In the matter of D.A.V. College Trust and Management Society & Ors. Versus Director of Public Instructions & Ors. the Supreme Court has given the following judgment in Civil Appeal No. 9828 Of 2013, Civil Appeal Nos. 9844­9845 Of 2013, Civil Appeal Nos. 9846­9857 Of 2013. Whether non­governmental organizations substantially financed by the appropriate government fall within the ambit of ‘public authority’ under Section 2(h) of the Right to Information Act, 2005 is the issue for consideration in this case. It held as under: 26. In our view, ‘substantial’ means a large portion. It does not necessarily have to mean a major portion or more than 50%. No hard and fast rule can be laid down in this regard. Substantial financing can be both direct and indirect. To give an example, if a land in a city is given free of cost or on heavy discount to hospitals,...

Article Important Decisions of Supreme Court on RTI Act- Part II In the matter of Central Public Information Officer, Supreme Court of India ….. Appellant(s) versus Subhash Chandra Agarwal [Civil Appeal Nos. 10044 OF 2010, 10045 OF 2010 and 2683 OF 2010] the following decisions were pronounced. This judgment decides the afore-captioned appeals preferred by the Central Public Information Officer (‘CPIO’ for short), Supreme Court of India (appellant in Civil Appeal Nos. 10044 and 10045 of 2010), and Secretary General, Supreme Court of India (appellant in Civil Appeal No. 2683 of 2010), against the common respondent – Subhash Chandra Agarwal, and seeks to answer the question as to ‘how transparent is transparent enough’  under the Right to Information Act, 2005 (‘RTI Act’ for short) in the context of collegium system for appointment and elevation of judges to the Supreme Court and the High Courts; declaration of assets by judges, etc. In these matters the following decision was ...

Article Important Decisions of the Supreme Court of India on RTI Act -Part I The following decisions have been given in the matter of Common Cause Petitioner(s) versus High Court of Allahabad & anr. Respondent(s); Writ Petition (Civil) No.194 of 2012 Fees: We are of the view that, as a normal Rule, the charge for the application should not be more than 2 Rs.50/- and for per page information should not be more than Rs.5/-. However, exceptional situations may be dealt with differently. This will not debar revision in future, if situation so demands. Disclosure of motive for seeking the information: No motive needs to be disclosed in view of the scheme of the Act. Requirement of permission of the Chief Justice or the Judge concerned to the disclosure of information in the Allahabad High Court Rules: We make it clear that the said requirement will be only in respect of information which is exempted under the scheme of the Act. Transfer of RTI applications to other Pub...

Article Need for Conducting Social Audit through RTI for Improving Public Services   The use of Right to Information Act, 2005 can be helpful in tracking and handling common problems faced by the citizens, in public interest. The citizens’ often experience hurdles and bottlenecks at grass root level, especially in public dealing organizations. They are unable to get the day-to-day services rendered by the government, after spending billions of rupees, as a matter of right.   Experience shows that there is hardly any organization  which does not need reforms.  Social audits can be helpful in fixing responsibilities and making the offenders accountable.   Need for social audit for various services: Social audits conducted  by the citizens/society can be helpful in highlighting the pathetic conditions of the citizens in numerous fields such as shortage of electricity, non-availability/shortage of water supply, traffic congestion, sewer jams, road congesti...

  Article Appeals under DRTI Act, 2001 and Miscellaneous Aspects   The Delhi Right to Information Act, 2001 provides for filing a single appeal against the orders of the Competent Authority or for non-receipt of response. This appeal can be filed with the Public Grievances Commission of Government of NCT of Delhi which is an autonomous organisation. Its address is given below:   Public Grievances Commission, Government of NCT of Delhi, M Block Vikas Bhawan, ITO, New Delhi 110110 EMAIL –   pgcdelhi@nic.in   Functions of Public Grievances Commission : The Public Grievances Commission (PGC) was set up with the prior approval of the Central Government, Ministry of Home Affairs. The PGC came into being under a Resolution No. F.4/14/94-AR dated September 25, 1997 issued by the Government of NCT of Delhi.   This Commission is a forum where the public can lodge their grievances against organizations of Government of Delhi and its local bodies, aut...