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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

 

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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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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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

 

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

 

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

 

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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ashakantasharma

 

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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ashakantasharma

 

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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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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ashakantasharma

 

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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ashakantasharma

 

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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ashakantasharma

 

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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ashakantasharma

 

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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ashakantasharma

 

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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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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ashakantasharma

 

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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ashakantasharma

 

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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ashakantasharma

 

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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ashakantasharma

 

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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ashakantasharma

 

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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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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