8. (a) "Right to Information, for citizens to secure access to information under the control of public authorities, is an important enactment.” Discuss. Also describe the obligations of public authorities as mentioned in the Act.

Significance of the Right to Information Act, 2005

The Right to Information Act, 2005, is often hailed as a "sunshine law" for its profound impact on Indian governance. Its significance can be understood through several key aspects:

• Empowerment of Citizens: The Act empowers ordinary citizens to demand information from government bodies, shifting the balance of power and enabling them to become active stakeholders in governance. This includes questioning decisions, understanding policies, and scrutinizing public expenditure.
• Promoting Transparency and Accountability: By making government records accessible, the RTI Act fosters transparency in public administration. Public authorities are required to justify their actions and decisions, reducing arbitrary practices and enhancing accountability.
• Curbing Corruption: One of the most significant impacts of the RTI Act has been its role in exposing corruption, mismanagement, and inefficiencies across various levels of government. It has brought to light irregularities in contracts, misuse of funds, and other malpractices.
• Strengthening Participatory Democracy: An informed citizenry is crucial for a vibrant democracy. The RTI Act encourages public discourse and decision-making by making information available, thus strengthening participatory democracy.
• Improving Public Service Delivery: Citizens have effectively used RTI to secure their rights and entitlements and to demand improvements in public services such as ration distribution, pension disbursement, and local infrastructure development.
• Legal and Institutional Framework: The Act established a legal and institutional framework, including the Central Information Commission (CIC) and State Information Commissions (SICs), along with Public Information Officers (PIOs) in every public authority, to facilitate the exercise of this right.

Obligations of Public Authorities under the RTI Act, 2005

The RTI Act places explicit and comprehensive obligations on public authorities to ensure the effective realization of the right to information. These obligations, primarily outlined in Section 4 of the Act, aim to proactively disseminate information and facilitate citizen access.

1. Maintaining Records (Section 4(1)(a)):

Every public authority is mandated to maintain all its records duly catalogued and indexed in a manner that facilitates the right to information. This includes:

• Ensuring that all records appropriate for computerization are computerized within a reasonable time and connected through a network.
• Regular review of record management to ensure compliance and accessibility.

2. Proactive Disclosure of Information (Section 4(1)(b)):

Public authorities are required to publish certain particulars within 120 days of the enactment of the Act, and thereafter update these publications annually. This "suo motu" disclosure covers sixteen categories of information, including:

• Particulars of its organization, functions, and duties.
• Powers and duties of its officers and employees.
• Procedure followed in the decision-making process, including channels of supervision and accountability.
• Norms set for the discharge of its functions.
• Rules, regulations, instructions, manuals, and records used by its employees for discharging functions.
• A statement of the categories of documents held by it or under its control.
• Particulars of any arrangement for consultation with, or representation by, members of the public in policy formulation or implementation.
• A statement of boards, councils, committees, and other bodies constituted, and whether their meetings are open to the public or if their minutes are accessible.
• A directory of its officers and employees.
• The monthly remuneration received by each of its officers and employees.
• The budget allocated to each of its agencies, indicating plans, proposed expenditures, and reports on disbursements.
• Manner of execution of subsidy programmes, including the amounts allocated and details of beneficiaries.
• Particulars of recipients of concessions, permits, or authorizations granted.
• Details of information available in electronic form.
• Particulars of facilities available to citizens for obtaining information, including working hours of a library or reading room.
• The names, designations, and other particulars of the Public Information Officers.

3. Publishing Relevant Facts and Reasons (Section 4(1)(c) and (d)):

• Public authorities must publish all relevant facts while formulating important policies or announcing decisions that affect the public.
• They are also obliged to provide reasons for their administrative or quasi-judicial decisions to affected persons.

4. Minimizing Recourse to the Act (Section 4(2)):

It is a constant endeavor of every public authority to provide as much information proactively through various means, including the internet, so that the public has minimum resort to formal RTI applications.

5. Designation of Public Information Officers (Section 5):

Every public authority must designate Central Public Information Officers (CPIOs) or State Public Information Officers (SPIOs) in all its administrative units to provide information to applicants. Additionally, Central Assistant Public Information Officers (CAPIOs) or State Assistant Public Information Officers (SAPIOs) are to be designated at the sub-divisional or sub-district levels to receive applications.

6. Providing Information in Time-Bound Manner (Section 7):

Upon receiving a request, the PIO must either provide the information or reject the request within 30 days. In cases involving the life or liberty of a person, the information must be provided within 48 hours. Failure to provide information within the prescribed time limit entitles the applicant to receive the information free of charge. These obligations collectively aim to transform government functioning into an open, transparent, and accountable system, fostering trust and active citizen participation.