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  • 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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    • 9,438 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.
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    • 101,937 views
  • 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
    • 0 comments
    • 8,397 views
  • jps50

    How to inspect under rti ?

    By jps50

    I have compiled guidelines to be followed while undertaking inspection of records under RTI. The same is attached herewith. GUIDELINES FOR INSPECTION UNDER RTI 1. Even if you do not desire to carry out an actual inspection of records, invariably request as under in RTI application: This will have deterring effect on PIO against providing false information. 2.  If you are not very conversant with the language of record or have any other disability, please also add the follow
    • 5 comments
    • 10,458 views
  • jps50

    32 Reasons why Information Commissioners do not impose penality

    By jps50

    WHY DO INFORMATION COMMISSIONERS NOT IMPOSE PENALTY? ICs are under the wrong impression that it is their discretion to levy or not to levy penalty at their will. In fact, once the breach of RTI Act is committed and not reasonably explained, the penalty must follow.  ICs are afraid because if they levy penalties, the serving govt officers may dig out their [ICs] misdoings when ICs were in service and ICs may have to face investigating agencies post-retirement. ICs want to fo
    • 1 comment
    • 3,318 views
Asha Kanta Sharma

Poor Implementation and Delays Are Making the RTI Act Redundant, Says Study

Poor Implementation and Delays Are Making the RTI Act Redundant, Says Study BY GAURAV VIVEK BHATNAGAR ON 09/11/2016 Studies conducted by Research, Assessment & Analysis Group and Satark Nagrik Sangathan have found that pendency rates have been rising in information commissions across the country, making applications irrelevant by the time they are actually heard. While information commissions (ICs) are mandated to safeguard and facilitate people’s fundamental right to informat
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Catalyst Mechanism: A Step Towards Human Rights

Catalyst Mechanism: A Step Towards Human Rights Nishantl Mittal, Pushpit Bansal Editor’s Note: Human rights two simple words but when put together they constitute the very foundation of our existence. INDIA being a diverse country with its multicultural, multiethnic, and multi religious population, the protection of human right is the Sine Qua Non for peaceful existence. However the legislature have tried to define human rights as “The right relating to life, liberty, equality & di
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Asha Kanta Sharma

Extension of Right To Information To Private Sector

Extension of Right To Information To Private Sector By Mukul Sharma, School of Law, KIIT University “Editor’s note: Right to Information has evolved as a tool to ensure transparency in the governance of the country. The right being granted to every citizen of India, it becomes important to examine the coverage of the act that grants this right. While the applicability of this right against government bodies is unquestionable, whether the right covers private bodies has always been an u
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Asha Kanta Sharma

An Interview with Shailesh Gandhi, convenor of the National Campaign for People's Right to Information

An Interview with Shailesh Gandhi, convener of the National Campaign for People's Right to Information by Rediff.com readers on the Right to Information Act.  The Right to Information Act 2005 is hailed as a revolution in India's evolution as a democracy. It empowers the ordinary citizen who has hither-to been armed with only his vote, with the tools of information that propel government decisions. Thanks to the legislation, citizens can seek -- and get within 30 days - information on
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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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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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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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