Question: Is RTI Banned?

How much old information can be sought under RTI?

Can an applicant seek information older than 20 years.

A public authority is obliged to provide information which is more than 20 years old subject only to the provisions of clauses (a), (c) and (i) of Section 8(1) of the RTI Act..

Can personal information be given under RTI?

The ministry invoked privacy clause of the Right To Information (RTI) Act which exempts from disclosure personal information of an individual. … The Right to Privacy is not enumerated as a fundamental right either in terms of Article 21 of the Constitution or otherwise, he said.

What are the disadvantages of RTI?

One of the major disadvantages of RTI is that children who are performing at grade level are not identified. In the discrepancy model, a very bright child who was receiving a “C” could qualify for service because he/she was not performing at expectancy level.

Is RTI banned in India?

Since RTI is implicit in the Right to Freedom of Speech and Expression under Article 19 of the Indian Constitution, it is an implied fundamental right. Information disclosure in India is restricted by the Official Secrets Act 1923 and various other special laws, which the new RTI Act relaxes.

Who is not covered under RTI?

Section 24(1) of the Central Act goes on to limit RTI coverage by entirely excluding some bodies from the law such as security or intelligence agencies.

What if RTI is not answered?

However, this is only when there is no reply received. In case reply is received and RTI applicant is not satisfied, then the RTI applicant will have to file first appeal. … He cannot decline to take any action on the requests under the Right to Information Act on the ground that he has other duties to attend to.

Can I ask questions in RTI?

“Under the RTI Act, 2005, your queries submitted to the public information officer cannot be in question form… Under Section 2(f), which defines ‘information’ , questions have not been defined as information. … The PIO rejected the application saying questions were not allowed.

Is RTI applicable to private hospital?

Private Hospitals and Clinics do not come under RTI directly, but as per Supreme Court ruling they have to provide all the health related documents of the patient to the patient as well as to the relatives of the patient if asked.

How can I get RTI information?

An applicant who desires to obtain any information under the RTI Act can make a request through this Web Portal to the Ministries/Departments of Government of India. On clicking at “Submit Request”, the applicant has to fill the required details on the page that will appear.

Is RTI good or bad?

The government argues RTI is not a constitutional right, and CIC and State Information Commission are not constitutional bodies. But, the Supreme Court in catena of landmark cases, has held that RTI, like the right to vote, has emanated from right of expression under Article 19(1)(a).

Has RTI been removed?

Rajya Sabha passes RTI Amendment Bill, 2019. After being passed in Lok Sabha recently, the RTI Amendment Bill, 2019 was passed by the Rajya Sabha today. Speaking on the occasion, Dr Jitendra Singh said that there is no motivation to curtail the independence of the RTI Act.

Can I get someone else’s annual confidential report under RTI Act?

Answer: The answer is “yes”. Now, it should be possible for you to obtain your own ACRs (Annual Confidential Reports) by making an RTI application. There is a specific high court judgment on this issue, against which SLP was dismissed by the Supreme Court.

Over approximately the same period, RTI has come to be recognized as a human right under international law, a significant normative development.

What is personal information under RTI?

The Supreme Court order, passed by a division bench of Dipak Misra and KS Radhakrishnan, states that income tax returns, assets, liabilities, official orders and performance records of public officers are personal information and can be exempted under Section 8(1)(j) of the RTI Act of 2005.

Is RTI effective in India?

Originally Answered: How effective is RTI act in India ? It’s quite subjective question. But it’s really very, very effective particularly in case of Central Government Dept. & Ministries as only through RTI Act many prominent & most debated cases of corruption unearthed like CWG, 2G Coal gate etc.

Who can make changes in RTI Act?

NEW DELHI: The government will Friday introduce a bill to amend the RTI Act which will change pay and allowances of information commissioners, who currently enjoy benefits equivalent to election commissioners.

What is new RTI rule?

Updated: October 25, 2019 21:28 IST. The government on Thursday notified new rules under the Right to Information Act that reduced the tenure of information commissioners from five years to three, something which activists on Friday said would affect their independence.

Who started RTI act in India?

Aruna RoyIn India, the organisation called Mazdoor Kisan Shakti Sangathan was instrumental in the passage of RTI Act. Aruna Roy is the mastermind behind the RTI Act 2005. RTI is a legal right for every citizen of India.

Can the marks of selected candidates be disclosed to third party under RTI?

CIC: Marks of the appellant can be provided while those of the other candidates is a third party information exempt u/s 8(1)(j) of the RTI Act – CIC: Shortlisting criteria for interview to be provided free of charge u/s 7(6) of the RTI Act within 10 days. Facts: … 2016 sought information on six points as under; 1.

In which state RTI is not applicable?

Jammu & KashmirAs such, the (Central) RTI Act, 2005 applies to the Union Government of India and all of its states and territories, but not to the state of Jammu & Kashmir.

Can salary details be given under RTI?

Under the RTI Act, the public authorities have the obligation to disclose the monthly emoluments paid to their employees. U/s 4(1)(b)(x) of the Act, “the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations” should be published.

Who is covered under RTI Act?

Under the provisions of RTI Act, any citizen of India may request information from a “public authority” (a body of Government or “instrumentality of State”) which is required to reply expeditiously or within thirty days.

Who introduced RTI Act?

On 15 June 2005, President APJ Abdul Kalam gave his assent to the national Right to Information Act 2005. With presidential assent, the Central Government and State Governments had 120 days to implement the provisions of the Bill in its entirety. The Act formally came into force on 12 October 2005.

Can a person ask for attendance of employee under RTI?

Does a government employees’ attendance sheet come under RTI Act ? The attendance record of an employee cannot be denied under section 8(1)(j) of the RTI Act, the reason for seeking the leave is a personal information.

What changes were brought to the RTI bill in 2019?

On Friday, the government introduced in Lok Sabha the Right to Information (Amendment) Bill, 2019, which proposes to give the Centre the powers to set the salaries and service conditions of Information Commissioners at central as well as state levels. The government’s move triggered protests from the Opposition.

What type of questions Cannot be asked in RTI?

“Under the RTI Act, 2005, your queries submitted to the public information officer cannot be in question form… Under Section 2(f), which defines ‘information’ , questions have not been defined as information.

Which information is exempted from RTI?

In the RTI Act, 2005, Section 8(1) lists all of the exemptions: (a) information, disclosure of which would prejudicially affect the security, sovereignty and integrity of India; (b) information which may constitute contempt of court; (c) information that would cause a breach of privilege of Parliament or the State …

Is RTI a constitutional body?

RTI is a Fundamental Right (FR) guaranteed under Part 3, Article 19(1)(a) of the Constitution of India. Further it is a Constitutional Right (CR), as all FR are constitutional rights but not vice versa.

What are the pros and cons of RTI?

Response to Intervention (RTI) vs the Discrepancy ModelProsConsAllows examiners to evaluate learning style and information processing skills during testingDoes not adequately consider error of testing – will identify some non-LD students while failing to identify some LD students4 more rows

What is the benefit of RTI?

Perhaps the greatest benefit of an RtI approach is that it eliminates a “wait to fail” situation because students get help promptly within the general education setting. As soon as assessment data indicates a problem area for a student or a group of students, interventions are put into place to address these concerns.