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  • jps50

    NON-COMPLIANCE OF ORDERS OF CIC/SIC –Administrative Remedy

    By jps50

    Of late defiance of orders of Information Commissioners has become rampant. The only remedy with the information seeker is to lodge a complaint with Chief Information Commissioner, who routinely issues another order for compliance that too after a delay ranging from 6 to 36 months depending upon efficiency and pendency of CIC/SIC. Commissions hardly invoke powers of Civil Court vested in it u/s 18.3 to ensure speedy compliance with its own orders. Hence I suggest that if after two months of
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    • 6,582 views
  • Priya De

    PIO Acts that makes you hate RTI ACT

    By Priya De

    How many times have you been asked to inspect the document when you have never requested? Ideally, if you have not applied for inspection of the document and the information requested is not voluminous, PIO should not ask the applicant to come for inspection of the document. PIO Acts that makes you hate RTI ACT But naturally, it is not the way. It is an easy way for PIO to first Get to know who is an actual RTI Applicant Intimidate the applicant by various means E
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    • 9,126 views
  • ashakantasharma

    How to Stop Corruption ?

    By ashakantasharma

    How to Stop Corruption?  Corruption is one of the most disruptive problems faced by the world and it needs to stop without further damage to the humanity so as to have a better future for the coming generation. Corruption is a disease, a cancer that eats into the cultural, political and economic fabric of society, and destroys the functioning of vital organs. In the words of Transparency International, “Corruption is one of the greatest challenges of the contemporary world. It undermines
    • 0 comments
    • 1,673 views
  • Sunil Ahya

    Kindly do not worry about the exemptions at the stage of filing a RTI application.

    By Sunil Ahya

    Kindly do not worry about the exemptions at the stage of filing a RTI application, as reasoned below:   As per section 7(1): A PIO is supposed to either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9   (Which means a PIO is supposed to either provide information or deny it under section 8 and 9). As per section 19(5): In any appeal proceedings, the onus to prove that a den
    • 0 comments
    • 11,963 views
  • karira

    Guide to drafting a good RTI application

    By karira

    Guide to drafting a good RTI application Drafting a good RTI application can be as easy as writing a simple leave letter. As long as the applicant knows the basics of the RTI Act 2005, drafting an application, requesting for information from any public authority, is little more than child’s play. 1. Pre-requisites: Your full name and address have to mentioned in the application. If you so wish, you can also mention your telephone number and email id, although this is optional.
    • 1 comment
    • 101,122 views
Asha Kanta Sharma

The Right to Information Act and Good Governance in India

The Right to Information Act and Good Governance in India by Prof. R. N. Mishra   Problems and Prospects The passage of the Right to Information Act, 2005 represents a mile stone in Indian politics. It is a weapon in the hands of common men to fight for their rights and derive the advantage of true democracy. Gandhiji said, “The real Swaraj will come not by the acquisition of authority by a few but by the acquisition of capacity by all to resist authority when abused.” The Ac
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Asha Kanta Sharma

Right to Information is Slowly but Surely Being Suffocated

Right to Information is Slowly but Surely Being Suffocated BY SHAILESH GANDHI ON 07/08/2015 - The Wire Those who say that the Right to Information has made a great impact point out that it is responsible for creating the culture of transparency in the government. The widespread usage of RTI is proof of this. This claim is reasonable and is obvious in the empowerment of citizens and the scams it has exposed. The sudden feeling that corruption has risen in the last few years, and the Ind
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Asha Kanta Sharma

What are some of the shocking, weirdest, silliest RTI requests made in India?

What are some of the shocking, weirdest, silliest RTI requests made in India? As Abraham Lincoln said “Government is of the people, by the people, for the people” The government is our servant and we have no duty to explain why we seek information from them. The government holds all the information in our behalf, in trust. Like a banker can’t ask you why you want to see your bank account statement, similarly the government can’t deny if you ask them how they are governing our country.
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Asha Kanta Sharma

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 - Reserve Bank of India Vs. Jaynatilal N. Mistry & Ors. (2016) 3 SCC 525

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 By Shailesh Gandhi, Former Central Information Commissioner   Judgment : Reserve Bank of India Vs. Jaynatilal N. Mistry & Ors. (2016) 3 SCC 525 This is a landmark judgement given by Apex Court on 16 December, 2015 and it must be included since it is the first clear pro-transparency judgement after the advent of the RTI Act. A bench of Justice M.Y. Eqbal and C. Nagappan delivered the most si
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Asha Kanta Sharma

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 - Kerala Public Service Commission Versus State Information Commission AIR 2016 SC 711

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 By Shailesh Gandhi, Former Central Information Commissioner Judgment No: - Kerala Public Service Commission Versus State Information Commission AIR 2016 SC 711 Issue before the Court: In this case the question which arose was whether respondents are entitled to the scanned copies of their answer sheet, tabulation-sheet containing interview marks; and if they are entitled to know the names of the examiners
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Asha Kanta Sharma

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 - Union Public Service Commission Vs. Gourhari Kamila (2014) 13 SCC 653

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 By Shailesh Gandhi, Former Central Information Commissioner   Judgment : Union Public Service Commission Vs. Gourhari Kamila (2014) 13 SCC 653 Issue before the Court: The applicant had sought the following information for an Interview conducted by UPSC which had been denied: a) How many years of experience in the relevant field (Analytical methods and research in the field of Ballistics) mentioned in
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Asha Kanta Sharma

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 - Thalappalam Ser. Coop Bank Vs. State of Kerala (2013) 16 SCC 82

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 By Shailesh Gandhi, Former Central Information Commissioner   Judgment : Thalappalam Ser. Coop Bank Vs. State of Kerala (2013) 16 SCC 82 The issue before the Court: Whether a co-operative society falls within the definition of "public Authority" under Section 2(h) of the RTI Act and be bound by the obligations to provide information sought for by a citizen under the RTI Act. The observations of the C
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Asha Kanta Sharma

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 - Karnataka Information Commissioner Vs. PIO (HC)

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 By Shailesh Gandhi, Former Central Information Commissioner Judgment : Karnataka Information Commissioner Vs. PIO (HC) - Unreported Judgment About the case: A RTI applicant requested the Karnataka High Court for certified copies of some information/documents regarding guidelines and rules pertaining to scrutiny and classification of writ petitions and the procedure followed by the Karnataka High Court in re
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Asha Kanta Sharma

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 - R.K. Jain Vs. Union of India JT 2013 (10) SC 430

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 By Shailesh Gandhi, Former Central Information Commissioner Judgment : R.K. Jain Vs. Union of India JT 2013 (10) SC 430 The issue before the Court: The information requested was inspection of adverse confidential remarks against ‘integrity’ of a member of Tribunal and follow up actions taken on issue of integrity. Exemption was claimed on the basis of Section 8 (1) (j). The Court held that: Inter al
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Asha Kanta Sharma

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 - Bihar Public Service Commission Vs. Saiyad Hussain Abbas Rizvi JT 2012 (12) SC 552

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 By Shailesh Gandhi, Former Central Information Commissioner Judgment : Bihar Public Service Commission Vs. Saiyad Hussain Abbas Rizvi JT 2012 (12) SC 552 The main issue before the Court: The applicant had asked for names and addresses of interviewers in an interview board selecting candidates for Bihar government jobs. The Court held that: the Commission is not bound to disclose the information aske
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Asha Kanta Sharma

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 - Judgment: Manohar s/o Manikrao Anchule vs. State of Maharashtra AIR 2013 SC 681

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 By Shailesh Gandhi, Former Central Information Commissioner Judgment: Manohar s/o Manikrao Anchule vs. State of Maharashtra AIR 2013 SC 681 The issue before the Court: It was a case where disciplinary action had been recommended against the PIO under Section 20 (2) of the Act by the Information Commission. The observations of the Court: Para 11. The impugned orders do not take the basic facts o
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Asha Kanta Sharma

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 - Girish Ramchandra Deshpande Vs. Central Information Commission & Ors. (2013) 1 SCC 212

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 By Shailesh Gandhi, Former Central Information Commissioner Judgment : Girish Ramchandra Deshpande Vs. Central Information Commission & Ors. (2013) 1 SCC 212 The issue before the Court: Whether the information pertaining to a Public Servant in respect of his service career and also the details of his assets and liabilities, movable and immovable properties, can be denied on the ground that the informati
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Asha Kanta Sharma

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 - Namit Sharma Vs. Union of India (2013) 1 SCC 745

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 By Shailesh Gandhi, Former Central Information Commissioner Judgments: Namit Sharma Vs. Union of India (2013) 1 SCC 745 The issue before the Court: The Constitutional validity of Sections 12(5), 12(6), 15(5) and 15(6) of RTI Act, were challenged, which deals with the appointment and qualifications of Information Commissioners. The Court held that: The Court ruled that all Information Commissions must s
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Asha Kanta Sharma

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 - CPIO, Supreme Court Vs. Subhash Chandra Agrwal (2011) 1 SCC 496.

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 By Shailesh Gandhi, Former Central Information Commissioner   Judgment : CPIO, Supreme Court Vs. Subhash Chandra Agrwal (2011) 1 SCC 496. Case to be decided by Constitution Bench of the Supreme Court. The Constitution Bench is yet to be constituted. The issue before the Court: Whereas the information sought pertains to the Appointment of Judges in the Apex Court itself, the court framed the follow
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Asha Kanta Sharma

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 - Khanpuram Gandaiah Vs. Administrative Officer AIR 2010 SC 615

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 By Shailesh Gandhi, Former Central Information Commissioner Judgment : Khanpuram Gandaiah Vs. Administrative Officer AIR 2010 SC 615 The issue before the Court: The scope of the definition of “Information” contained in section 2(f) of the RTI Act. The observations of the Court: Para 6. Under the RTI Act "information" is defined under Section 2(f) which provides: "information" means any material i
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Asha Kanta Sharma

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 - Inst. Of Chartered Accountants Vs Shaunak H. Satya AIR 2011 SC 3336

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 By Shailesh Gandhi, Former Central Information Commissioner   Judgment : Inst. Of Chartered Accountants Vs Shaunak H. Satya AIR 2011 SC 3336 The issue before the Court: (i) Whether the instructions and solutions to questions (if any) given by ICAI to examiners and moderators, are intellectual property of the ICAI, disclosure of which would harm the competitive position of third parties and therefore
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Asha Kanta Sharma

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 - Chief Information Commissioner Vs. State of Manipur AIR 2012 SC 864

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 By Shailesh Gandhi, Former Central Information Commissioner Judgment : Chief Information Commissioner Vs. State of Manipur AIR 2012 SC 864 The main issue before the Court: Whether the Information Commissioner can direct the disclosure of information when a complaint is made u/s 18 of the RTI Act. The observations of the Court: Para 36: “This Court accepts the argument of the appellant that any other co
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Asha Kanta Sharma

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 - Judgment 1: CBSE Vs. Aditya Bandopadhyay (2011) 8 SCC 497

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 By Shailesh Gandhi, Former Central Information Commissioner   Judgment 1: CBSE Vs. Aditya Bandopadhyay (2011) 8 SCC 497 The main issue before the Court: Whether an examinee's (Students) right to information under the RTI Act includes a right to inspect his evaluated answer books in a public examination and taking certified copies of the same. The examining body,-CBSE,- had claimed that it held the in
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Asha Kanta Sharma

One year of RTI: Success stories

One year of RTI: Success stories Oct 11, 2006 13:53 IST   In Haryana A 70-old-woman gained access to files regarding pension and other benefits of her dead son — a Delhi Police constable who died in a road accident five years ago. Laxmi Devi of Bhiwani district had appealed to the Central Information Commission for access to notings in files pertaining to her son’s terminal benefits worth Rs 4 lakh. Laxmi was penniless after her son Anoop Singh’s death. Her daughter-in-law wa
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Asha Kanta Sharma

How I became an Information Commissioner ?

How I became an Information Commissioner ? AUGUST 28, 2017 BY SHAILESH GANDHI  Some friends wonder how I have the gall to be critical of the lack of process in selecting Information Commissioners, since they believe I must have resorted to influence and patronage for my selection. Let me detail the story of how i got selected: In the first week of August 2008 Arvind Kejriwal learnt that the government had decided on the names of four persons whom they would appoint as Central
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Asha Kanta Sharma

Right To Information Constricted

RTI constricted RTI usage and propagation is moving at a fast pace because of citizen enthusiasm and desire for accountable governance. The biggest gain has been in empowering individual citizens to translate the promise of ‘democracy of the people, by the people, for the people’ into a living reality.  The law as framed by Parliament has outstandingly codified this fundamental right of citizens. When framing the law cognizance had been taken of various landmark decisions of the Supreme Cou
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Asha Kanta Sharma

Misuse’ of Right to Information

'Misuse’ of RTI AUGUST 28, 2017 BY SHAILESH GANDHI  As an Information Commissioner who dealt with over 20000 cases I had the opportunity of interacting with a large number of RTI users and Public Information Officers (PIOs). Generally PIOs would refer to most applicants who file RTI applications regularly as blackmailers, harassers and those who were misusing RTI.  I would broadly divide those who filed a large number of RTI applications in the following categories: Those who
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Asha Kanta Sharma

Judiciary and RTI

Judiciary and RTI AUGUST 28, 2017 BY SHAILESH GANDHI The Supreme Court of India consistently held from 1975 to 2005 that RTI is a fundamental right of citizens. However certain decisions and pronouncements of the Courts in the last four years could weaken this powerful fundamental right. These should be discussed by RTI users and the legal fraternity: Challenging decisions of the Information Commission and stay orders:  The law provides for no appeals against the decisions of
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