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Asha Kanta Sharma

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About this blog

Blog on the most burning issues in India and the World.

Entries in this blog

 

CONCEPT OF RIGHT TO INFORMATION

CONCEPT OF RIGHT TO INFORMATION The concept of democracy in India is enshrined in the Preamble to the Constitution of India wherein opening words provide that "We, the People of India ―and in the end it lays down‖give to ourselves this Constitution". The citizens have the fundamental right to know what the government is doing in its name. Freedom of speech is the lifeblood of democracy. The Apex Court in the case of K. v. Secretary of State for the Home Department Ex. P. Simms,

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DEFINITION OF RIGHT TO INFORMATION

DEFINITION OF RIGHT TO INFORMATION Right to Information‖ means the right to information which can be obtained from the public authorities or which is held by or under the control of any public authority and includes the right to: (i) inspection of work, documents, records; (ii) taking notes, extracts or certified copies of documents or records; (iii) taking certified samples of material; (iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in a

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Kinds of Rights

Kinds of Rights Rights can be of many types such as natural, positive, legal etc. (a) Natural and Legal right According to some views, certain rights derive from a deity or nature. Natural rights are rights which are derived from nature. They are universal; that is, they apply to all people, and do not derive from the laws of any specific society. They exist necessarily, inhere in every individual, and can't be taken away. For example, it has been argued that humans have a

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DEFINITION OF RIGHT

DEFINITION OF RIGHT An entitlement to something, whether to concepts like justice and due process, or to ownership of property or some interest in property, real or personal. These rights include various freedoms, protection against interference with enjoyment of life and property, civil rights enjoyed by citizens such as voting and access to courts, natural rights accepted by civilized societies and human rights to protect people through out the world from terror and torture. Righ

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Who killed Lalit Mehta ?

Who killed Lalit Mehta ? Submitted by Hardnews on Fri, 07/04/2008 - 09:05 The widespread corruption in the Ćagship scheme of the UPA government, NREGA, is hidden from none. Social audits conducted by civil society groups and individuals have proved the existence of corrupt practices being followed by the district administration of various states. These social audits are threatening the people who have been brazenly siphoning oĂ funds from public schemes for decades. Consequently,

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RTI : Challenges

RTI : Challenges Posted on September 6th, 2017 at 7:56 am Context: In April, the government of India proposed amendments to the RTI Act The most controversial amendment pertained to Rule 12.   Amendment to Rule 12 and controversy: 1. It would allow the withdrawal of an application in case of the applicant’s death, making the job of those who file RTIs even more risky. 2. The RTI activists are already exposed to violence, all the more so as the Whistle Blow

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10 years after RTI, transparency under cloud

10 years after RTI, transparency under cloud NEW DELHI:, MAY 16, 2015 10:56 IST Ten years after the Right to Information Act was passed by the Rajya Sabha on May 12, 2005, its implementation remains inefficient and transparency and accountability seem to be under threat in India. Experts cite poor record-keeping practices within the bureaucracy, lack of infrastructure and staff for running Information Commissions, and dilution of supplementary laws such as the one for whistleblowe

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Misuse of Public Safety Act Brought up at Jammu and Kashmir RTI Workshop

Misuse of Public Safety Act Brought up at Jammu and Kashmir RTI Workshop BY GAURAV VIVEK BHATNAGAR ON 24/07/2017 Referring to allegations of children being held under the Public Safety Act in Jammu and Kashmir, former chief information commissioner Wajahat Habibullah today asserted the need for involving youth in the ongoing debate on current issues in the state. Habibullah, who was delivering the keynote address at an interactive workshop on J&K Right to Information (RTI) Act

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Judges’ Medical Expenses Will Not Be Disclosed Under RTI, says SC

Judges’ Medical Expenses Will Not Be Disclosed Under RTI, says SC BY PTI ON 02/07/2015 New Delhi: The Supreme Court today held that the medical expenses incurred on judges and their family members cannot be disclosed or made public under the Right to Information Act. A bench headed by Chief Justice H L Dattu refused to interfere with the Delhi High Court verdict which had dismissed a plea seeking details of medical reimbursements of Supreme Court judges, saying it had personal inf

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The Supreme Court Still Adamantly Refuses to Yield to RTI

The Supreme Court Still Adamantly Refuses to Yield to RTI BY ANIKET AGA ON 03/09/2015 While the government often comes under fire for not effectively implementing the RTI Act, few have noticed that India’s highest court violates the Act routinely, and with an impunity that makes the government’s evasion of the RTI Act seem benign. Consider the following: On 20th February 2008, Satnam Singh, a prisoner in Ludhiana’s Central Jail sent a Right to Information (RTI) request to the

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Burdened by Infrastructural Deficiencies the RTI Act Is Becoming Ineffective

Burdened by Infrastructural Deficiencies the RTI Act Is Becoming Ineffective BY GAURAV VIVEK BHATNAGAR ON 22/05/2017 At a recent seminar, a number of stakeholders sought wide-ranging reforms to ensure that the RTI Act remains an effective tool for ordinary people to access information with. In light of growing support against the RTI Act within the present dispensation (which sees it as a UPA legacy), a retired senior bureaucrat recently observed at a seminar that the Act needs to

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Judiciary Does Not Want Any Accountability or Transparency, Allege RTI Activists

Judiciary Does Not Want Any Accountability or Transparency, Allege RTI Activists BY GAURAV VIVEK BHATNAGAR ON 17/04/2017 The RTI Act has faced resistance from the courts in recent years, especially when information is sought about their functioning as public authorities, a new report says.  The jury is out on whether the judiciary has over the years played the role it ought to while dealing with matters pertaining to promoting transparency in general and the Right to Information (

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Stakeholders Need to Work Together to Improve RTI Implementation, Says Study

Stakeholders Need to Work Together to Improve RTI Implementation, Says Study BY GAURAV VIVEK BHATNAGAR ON 24/01/2017 A report from several civil society actors has found that the Right to Information Act is not functioning as it should be. New Delhi: Two organisations working in the field of right to information assessment and advocacy and a publishing house have come together to bring out ‘Tilting the Balance of Power: Adjudicating the RTI Act for the Oppressed and the Marginalis

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Over Half Information Commission Orders Contain Deficiencies, Report Finds

Over Half Information Commission Orders Contain Deficiencies, Report Finds BY GAURAV VIVEK BHATNAGAR ON 22/04/2017 RTI activists demand penalties against public information officers, insist RTI Act being killed by ‘misrepresentation’. A recent report, ‘Tilting the Balance of Power: Adjudicating the RTI Act,’ on the most critical challenges in the implementation of the Right to Information Act, 11 years after its enactment, has established that more than 60% of the orders contained

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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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ashakantasharma

 

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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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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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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ashakantasharma

 

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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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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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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ashakantasharma

 

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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ashakantasharma

 

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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ashakantasharma

 

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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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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