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
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
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.
Why Indian “Secularism” Is So Distorted ?
Indian intelligentsia and media are in love with the word “secularism”; it is taken as a sign of being liberal and progressive. But when you look at their discourse, you soon begin to see signs of their empty brains. Whenever they pretend to be championing the cause of ‘secularism’, they are either deriding Hindus by calling them communal or pretending to be the advocates of minorities (for all practical purposes, minority in India mostly means the
Why Is India So Obsessed with GDP Growth?
A recent announcement by the Asian Development Bank (ADB) says that the GDP of India will grow by 7.4% during 2017-18 and 7.6% in the next fiscal.
Announcements such as the above are very common. Whenever people – policymakers, politicians, economists, international agencies as well as the media – across the world want to talk about progress they talk of ‘growth’ – pointing to economic growth (GDP Growth). It is not surprising if leaders in Ind
Child Marriages Feed Poverty In The Developing Countries
Child Marriages Cover-Up Lifetime Abuse Of Girls
"Child marriage is an appalling violation of human rights and robs girls of their education, health and long-term prospects." – Dr. Babatunde Osotimehin, UNFPA.
Every year about 14 million girls are locked into marriages, often with much older men. The tradition of “marriage” provides cover for the tale of life-long physical and sexual abuse of the girl. It legitimizes denial
Arrears and Backlog: Creating Additional Judicial (wo)manpower
GOVERNMENT OF INDIA
LAW COMMISSION OF INDIA
Report No. 245
The 20th Law Commission was constituted for a period of three years from 1st September, 2012 by Order No. A-45012/1/2012-Admn.III (LA) dated the 8th October, 2012 issued by the Government of India, Ministry of Law and Justice, Department of Legal Affairs, New Delhi.
The Law Commission consists of a full time Chairman, four full-time Mem
Amartya Sen’s Capability Theory of Development and Poverty
Table Of Contents
1. Overview Of Amartya Sen’s Capability Approach
2. Core Concepts: Functionings, Capabilities and Agency
3. Poverty In Rich Countries
4. Non-Monetary Poverty
5. Importance Of Freedom and Democracy
6. Development means Expansion of People’s Freedom
7. Freedoms Supports Expansion of Capabilities
8. People are “Agents” of Change
9. Accepting Human Diversity
10. Poverty is Deprivation of Basic C
International Journal of Humanities and Social Science Invention
ISSN (Online): 2319 – 7722, ISSN (Print): 2319 – 7714
www.ijhssi.org Volume 2 Issue 2 ǁ March. 2013ǁ PP.11-22
Right to Information and Good Governance
The right to information act is a path making legislation which brings to light the secrecy of administration. It is an effective means to promote democratic ideology. The act is powerful instrument to fight against corruption. By realizing this significance the Second
What are the powers and functions of Information Commissions?
Section-18. (1) Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive and inquire into a complaint from any person,—
(a) Who has been unable to submit a request to a Central Public Information Officer or State Public Information Officer, as the case may be, either by reason that no such officer has b
Why "Development" should Focus on People, Not Economy
Development should focus on people, not economy.
Why Poverty? Let's Talk People's Development
People should be the Focus of Development
“People are the real wealth of a nation.”
This is how the historic first Human Development Report titled “Concept and Measurement of Human Development” in 1990 opened, outlining the onset of a new thinking on what development should be and how to go about quantifying it. Since then, e
The Times of India (Delhi) - 70K Judges
May 29 2016 : The Times of India (Delhi)
BY INVITATION – Don’t need 70,000 judges. Just fill vacancies to cut backlog
Everyone agrees that judicial pendency is a serious problem in India.Most of the suggested big-ticket reforms call for major changes in the way the judiciary and bar function, way the judiciary and bar function, and a threeto four-fold increase in the sanctioned strength of judges. On the ground, though,
AUGUST 30, 2017 BY SHAILESH GANDHI
Presently there is considerable focus being paid to the Judicial accountability and Judicial appointments bills. These are necessary but do they address the biggest problem of the judicial system? The biggest problem of our judicial system is that it does not deliver in any reasonable time. Consequently over 80% of Indians will not approach the courts, unless they are trapped by the system. If a poor man is implicated in a civil or
Population Development: What Kerala can Teach India and China
Kerala: The Most Women Friendly State !!!
Kerala, a tiny southern state of India, has drawn both international and national attention due to its impressive performance in social development and demographic transition. Its human development indicators are the best in India and compare with some of the developed countries. Its achievement of demographic transition is rather unique and has earned worldwide accolades for Kerala.
Delivery Of Justice
AUGUST 30, 2017 BY SHAILESH GANDHI
Justice can be delivered in reasonable time without undertaking Major Reforms
We have been hearing that the Indian Judiciary would need decades to clear its backlog, unless the number of judges is increased multiple times and certain other reforms brought in. The judicial system has become irrelevant for the common citizens, and this is responsible for many ills plaguing our Nation, like disrespect for laws and corruption. The
Overview of Important Issues in India
India – the biggest democracy in the world – is going through a lot of changes and turmoil, due to both forces from within and outside. As a country, it is unparalleled in its diversity – cultural, religious, social, and economical. In fact, politically as well: China might have discarded Mao long ago but India still battles to root out Maoists (called Naxalites) entrenched in its tribal belt called the ‘Red Corridor’! Indian diversity is really mind bo
Population of India: Women’s Empowerment is the Best Contraceptive.
Is Population a Problem?
Yes; if your thinking is shaped by the enlightened philosophy of English cleric Mr Thomas Robert Malthus prophesied 2 centuries ago. If you see people merely as food eating morons their increasing number is clearly a burden. In his 1798 piece Essay on the Principle of Population Malthus observed, “…in nature plants and animals produce far more offspring than can survive, and that Man too is cap
This village has finally tasted the power of RTI:
For about two years, Suvarana Bhagyawant made rounds of the panchayat office to get her grandfather's death certificate. Every time, the official there would tell her to come later or pay a bribe of Rs 500 to get the work done.
Suvarana, a resident of the Ambhegaon village, needed the certificate so that her grandmother could apply for the widow pension scheme. Finally, Suvarana filed a query under the Right to Information (RTI) Act. Sh
8 Reasons Why India Is so Poor
The Super Poor India !
India has 269 million (21 percent of total population) people under the poverty line, as per the latest official headcount of the poor in India. It used to be 396 million (29 percent) prior to the announcement of new counting in June 1024.
However, World Bank recently estimated Indian poverty to be 172 million (12.4 percent), based on its new poverty line of $1.90 per person per day using the new 2011 purchasing power parity (P
Poverty is Multidimensional, So should be Development
Why Poverty? Let's Talk People Development !
Looking at Poverty, Beyond Lack of Income
Different Types of Poverty
Traditionally, poverty is associated with lowness of income. They don’t earn enough income to take care of all their basic requirements; as a result, they lead a life of shortages and hardships. It is obviously a state of low human well-being. A simple way to look at the well-being of people is to see whether t
Right to Information - International Positions
Right to Information (hereinafter read as RTI) which is the cynosure of this discourse is not something new. In fact there is a long history at international level towards the attainment of this right and mobilization of the masses for achieving it. With development
of human ideals and establishment of democratic governments in most of the civilized countries, this topic came to the fore.
The United States and Sweden constitute the two main
Kashmir: Where Religion Is Killing Culture
Updated on August 26, 2017
Kashmiri Pandits are Refugees in their Own Nation
Is There a "Kashmir Problem" in Kashmir?
Kashmir’s Culture is Unique!
The Kashmir Valley is easily counted among the most scenic places on the earth: snow covered mountain peaks, lush green pastures and meadows, orchards of almonds and apples, Chinar trees, magnificent lakes and springs, Mughal gardens, handicrafts and Pashmina shawls. What tourists exp
Serious Concerns on the Indian Drug Industry
DEPARTMENT-RELATED PARLIAMENTARY STANDING COMMITTEE ON HEALTH AND FAMILY WELFARE
FIFTY-NINTH REPORT ON THE FUNCTIONING OF THE CENTRAL DRUGS STANDARD CONTROL ORGANISATION (CDSCO)
(PRESENTED TO THE RAJYA SABHA ON 8TH MAY, 2012) & (LAID ON THE TABLE OF THE LOK SABHA ON 8TH MAY, 2012
1.1 Drugs are an integral and inseparable part of medical care. As per the directory of pharmaceutical manufacturing units in
Evolution of Right to Information in India.
In Ancient India, traditionally man is inquisitive and from the
time immemorial he has been busy in his mission of knowing and
discovering the truth in whatever field his aptitude and imagination
ventured. In this context there is ample evidence in this context in
our great Vedic erudition where it is written- ― Life is a perennial
search for the truth. The restless swan (soul) is on journey infinite to
find the truth. The Indian histo
RTI AND INTERNATIONAL LEGAL INSTRUMENTS
Various international instruments such as treaties, charters etc
have recognized RTI as right that ought to be available to the people.
All the citizens have a right to decide, either personally or by their
representatives, as to necessity of the public contribution, to grant
this freely, to know to what use fix the proportion, the mode of
assessment and of collection and the duration of taxes.
i) United Nations
The United Nations (UN
Sir, existance of cooperative society on the govt will be very important in deciding cases of numerous such mushrooming socieites by political leaders getting works exclusively from the govt without any tendering at double the prevailing rates.
In my humble opinion, this judgment can be useful in such mushrooming socieites.
As per Revision petition of full bench of NSCRDC "RTI Applicant is not a consumer" and SC has refused to entertain RP. There is no scope for considering RTI Applicant as consumer as the NSCRDC decision is final. No Consumer forum entertains any such complaint from RTI Applicant.
LUCKNOW: The Central government has provided categorized security cover to 308 persons, out of which 24 have been provided the highest Z-plus cover, according to the answer to an RTI query.
As per information provided by S.C.L. Das, Joint Secretary in the Union Home Ministry to city-based activist Nutan Thakur, two dozen persons have been given Z-plus security, 59 persons have been given Z security, 109 have been given Y-plus, 34 have been given Y and 82 persons have been given X category security.
New Delhi: Delhi High Court has ruled that vehicles of India’s top constitutional authorities like the President, the Vice President, Governors and Lieutenant Governors will have to be registered with the authority. According to the ruling, all vehicles need to clearly display the registration numbers. A petition, filed by an NGO Nyayabhoomi, claimed that the practice of displaying the state emblem, instead of the registration numbers, make the dignitaries become easy targets for terrorists and anyone with malicious intent.
In December last year, the Delhi High Court had asked the Centre and the Aam Aadmi Party (AAP) government in the national capital to place before it the rules regarding display of just the State Emblem of India on the cars of the constitutional authorities and dignitaries, such as the President, instead of their registration numbers, PTI had reported.
The petitioner also sought direction to the Delhi government and Delhi Police to seize the cars used by the Rashtrapati Bhawan, Vice President, Raj Niwas and Protocol division of the Ministry of External Affairs for not being registered under the Motor Vehicles Act, PTI reported.
After the petition was filed, a bench of acting Chief Justice Gita Mittal and Justice C Hari Shankar had directed both the governments to check the position and inform it about the same.
The plea was based on an RTI response by the Ministry of External Affairs which stated that none of its 14 cars maintained were registered.
Last year, the Rashtrapati Bhawan had refused to provide the registration numbers of all the presidential vehicles on the ground that disclosure of such information would endanger the security of the state and life of the President.
In our area, Corporation started laying new roads for sub-streets.They uprooted all the ballast in the sub street to prepare the street for laying new road.After heaping the ballast, they stopped the work midway causing life miserable for residents. A child playing on the street got her head broken on the ballast and got treated in a Private hospital.MLC registered.We are unable to take our vehicles out.Raised a complaint with Corporation and they did not take action till date ( more than 2 months elapsed since the date of complaint ).I would like a draft a complaint with proper exhibits.I need MLC information from police such as doctor MLC report.wound certificate etc to prove the mishap due to negligent conduct of the contractor,engineer and supervisor of corporation.Also need information on the contractor who left the work midway and the AE incharge of the ward.Also, in the main street,they re-laid the road with tar and within 2 months, a huge hole has come up.We have temporarliy closed it with boxes to prevent accidents.