पृष्ठ

Fundamental Rights and Fundamental Duties

The Fundamental Rights are defined as the basic human rights of all citizens. These rights, defined in Part III of the Constitution, apply irrespective of race, place of birth, religion,caste, creed or gender. They are enforceable by the courts, subject to specific restrictions.

The Fundamental Duties have been defined as the moral obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of India. Those duties (set out in Part IV–A of the constitution) concern individuals and the nation. Like the Directive Principles, they represent guidelines rather than enforceable laws.

The 42nd Amendment Act added the Fundamental Duties of citizens in 1976. The ten Fundamental Duties (given in Article 51-A of the constitution) can be classified as either duties towards self, duties concerning the environment, duties towards the State and duties towards the nation. The 86th constitutional amendment added the 11th Fundamental Duty, which states that every citizen "who is a parent or guardian, to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years" in 2002.

Citizens have a moral obligation by the constitution to perform those duties, although non-justifiable, incorporated only with the purpose of promoting patriotism among citizens. Those obligations extend not only to the citizens, but also to the State. International instruments such as the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights make reference to such duties. The Fundamental Duties obligate all citizens to respect the national symbols of India (including the constitution), to cherish its heritage and assist in its defense. It aims to promote the equality of all individuals, protect the environment and public property, to develop "scientific temper," to abjure violence, to strive towards excellence and to provide free and compulsory education.

गुरुवार, 29 दिसंबर 2011

Right to Information Act [ R T I ]

RTI stands for Right To Information and has been given the status of a fundamental right under Article 19(1) of the Constitution. Article 19 (1) under which every citizen has freedom of speech and expression and have the right to know how the government works, what role does it play, what are its functions and so on

The right to information is implicitly guaranteed by the Constitution. However,with a view to set out a practical regime for securing information, the Indian Parliament enacted the Right to Information Act, 2005 and thus gave a powerful tool to the citizens to get information from the Government as a matter of right. This law is very comprehensive and covers almost all matters of governance and has the widest possible reach, being applicable to Government at all levels- Union, State and Local as well as recipients of government grants.

The basic object of the Right to Information Act is to empower the citizens, promote transparency and accountability in the working of the Government, contain corruption, and make our democracy work for the people in real sense. It goes without saying that an informed citizen is better equipped to keep necessary vigil on the instruments of governance and make the government more accountable to the governed. The Act is a big step towards making the citizens informed about the activities of the Government.

Information is any material in any form. It includes records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form. It also includes information relating to any private body which can be accessed by
the public authority under any law for the time being in force.

RTI Act

THE RIGHT TO INFORMATION ACT, 2005
No. 22 of 2005
[15th June, 2005]
An Act to provide for setting out the practical regime of right to information for citizens to secure
access to information under the control of public authorities, in order to promote transparency
and accountability in the working of every public authority, the constitution of a Central
Information Commission and State Information Commissions and for matters connected therewith
or incidental thereto.

Whereas the Constitution of India has established democratic Republic;
And whereas democracy requires an informed citizenry and transparency of information which are vital to
its functioning and also to contain corruption and to hold Governments and their instrumentalities
accountable to the governed;
And whereas revelation of information in actual practice is likely to conflict with other public interests
including efficient operations of the Governments, optimum use of limited fiscal resources and the
preservation of confidentiality of sensitive information;
And whereas it is necessary to harmonise these conflicting interests while preserving the paramountcy
of the democratic ideal;
Now, therefore, it is expedient to provide for furnishing certain information to citizens who desire to have it.


Exempted Organisations

  • Intelligence Bureau, Ministry of Home Affairs
  • Directorate of Revenue Intelligence, Ministry of Finance
  • Central Economic Intelligence Bureau, Ministry of Finance
  • Directorate of Enforcement, Ministry of Finance
  • Narcotics Control Bureau
  • Aviation Research Centre
  • Special Frontier Force
  • Border Security Force, Ministry of Home Affairs
  • Central Reserve Police Force, Ministry of Home Affairs
  • Indo-Tibetan Border Police, Ministry of Home Affairs
  • Central Industrial Security Force, Ministry of Home Affairs
  • National Security Guard, Ministry of Home Affairs
  • Research & Analysis Wing of The Cabinet Secretariat
  • Assam Rifles, Ministry of Home Affairs
  • Sashastra Seema Bal, Ministry of Home Affairs
  • Special Protection Group
  • Defence Research and Development Organisation, Ministry of Defence
  • Border Road Development Organisation
  • Financial Intelligence Unit, India
  • Directorate General Income Tax (Investigation)
  • National Technical Research Organisation
  • National Security Council Secretariat

Guide For the Information Seekers Under the Right to Information Act, 2005

Object of the Right to Information Act

The basic object of the Right to Information Act is to empower the citizens, promote transparency and accountability in the working of the Government, contain corruption, and make our democracy work for the people in real sense. An informed citizenry will be better equipped to keep necessary vigil on the instruments of government and make the government more accountable to the governed. The Act has created a practical regime through which the citizens of the country may have access to information under the control of public authorities.

What is Information

Information is any material in any form. It includes records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form. It also includes information relating to any private body which can be accessed by the public authority under any law for the time being in force.

Right to Information under the Act

  1. A citizen has a right to seek such information from a public authority which is held by the public authority or which is held under its control. This right includes inspection of work, documents and records; taking notes, extracts or certified copied of documents or records; taking certified samples of material held by the public authority or held under the control of the public authority.
  2. The public authority under the RIT Act is not supposed to create information; or to interpret information; or to solve the problems raised by the applicants; or to furnish replies to hypothetical questions. Only such information can be had under the Act which already exists with the public authority.
  3. A citizen has a right to obtain information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through print-out provided information is already stored in a computer or in any other device from which the information may be transferred to diskettes.
  4. The information to the applicant shall ordinarily be provided in the form in which it is sought. However, if the supply of information sought in a particular form would disproportionately divert the resources of the public authority or may cause harm to the safety or preservation of the records, supply of information in that form may be denied.
  5. The Act gives the right to information only to the citizens of India. It does not make provision for giving information to Corporations, Associations, Companies etc. which are legal entities/persons, but not citizens. However, if an application is made by an employee or office-bearer of any Corporation, Association, Company, NOG etc. who is also a citizen of India, information shall be supplied to him/her, provided the applicant given his/her full name. In such cases, it will be presumed that a citizen has sought information at the address of the Corporation etc.

 Source:http://rti.india.gov.in/manual4.php

 Guide For First Appellate Authority

It is the responsibility of the Central Public Information Officer (CPIO) of a public authority to supply correct and complete Information within the specified time to any person seeking information under the RTI Act, 2005. There are possibilities that a CPIO may not act as per provisions of the Act or an applicant may not otherwise be satisfied with the decision of the CPIO. The Act contains provision of two appeals to tide over such situations. The first appeal lies within the public authority by the concerned public authority. The first Appellate Authority happens to be an officer senior in rank to the CPOI. The second appeal lies with the Central Information Commission. The Central Information Commission (Appeal Procedure) The Guidelines contained in this document are meant for the First Appellate Authorities.
In order to perform his/her duties effectively, the Appellate Authority should study the Act carefully and understand its provisions correctly. This document explains some of the important aspects of the Act which a First Appellate Authority should, in particular, be conversant with.

What is Information

  1. Information is nay material in any form. It includes records, documents, memos, e-mail, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic relating to any private body which can be accessed by the public authority under any law for the time being in force.
  2. A citizen has a right to seek such information form a public authority with is held by the public authority or witch is held under its control. This right includes inspection of work, documents and records; taking notes, extracts or certified copies of document or records; and taking certified samples of material held by the public authority or held under the control of the public authority.
  3. The act gives the citizen a right to information at per with the Members of Parliament and the Members of State Legislatures. According to the Act, the information which cannot be denied to the Parliament or a State Legislature, shall not be denied to nay person.
  4. A citizen has a right to obtain to an information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through print-outs provided such information is already stored in a computer or in any other device from which the information may be transferred to diskettes etc.
  5. The information to the applicant should ordinarily be provided in the form in which it is sought. However, if the supply of information sought in a particular from would disproportionately divert the resources of the public authority or any cause harm to the safety or preservation of the records, supply of information in that from may be denied.
  6. The Act gives the right to information only to the citizens of India. It does not make provision for giving information to corporation, Associations, Companies etc. which are legal entities/persons, but not citizens. However, if an application is made by an employee or office - bearer of any Corporation, Association, Company, NGO etc. indicating his name and such employee/office bearer is a citizen of India, information may be supplied to him/her. In such cases, it would be presumed that a citizen has sought information at the address of the Corporation etc.
  7. Only such information is required to be supplied under the Act which already exists and is held by the public authority or held under the control of the public authority. It is beyond the scope of the Act to create information; or to interpret information; or to solve the problems raised by the applicants; or to furnish replies to hypothetical questions.

 Source: http://rti.india.gov.in/manual3.php

 Important Link (Source)

  • http://rti.gov.in/
  • http://righttoinformation.gov.in/webactrti.htm
  • http://www.rtigateway.org.in/Documents/Rules/himachal/RTIActEnglish.pdf
  • http://www.rtigateway.org.in/Documents/Rules/himachal/RTIActHindi.pdf
  • http://www.rtigateway.org.in/Documents/CaseLaw/CIC-RTI.pdf
  • http://www.rtigateway.org.in/Documents/Publications/A%20CITIZEN%27S%20GUIDE.pdf
  • http://www.rtigateway.org.in/Documents/Publications/Guideonrti.pdf
  • http://indiarti.blogspot.com/
Frequently Asked Questions
  • http://www.rtigateway.org.in/faqs.do#1.
For Templates / Formats
  • http://www.rtigateway.org.in/templateFormats.do