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UPSC Dictionary

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Article 368 deals with the power of Parliament to amend the Constitution, but the 'basic structure' cannot be altered (Kesavananda Bharati case, 1973).

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UPSC Dictionary

Right to Information Act

The Right to Information Act, 2005 (RTI Act) is an Act of the Parliament of India that establishes a practical regime for citizens to access information held by public authorities. Its origin lies in the need to dismantle a culture of governmental secrecy, which was historically protected by the colonial-era Official Secrets Act, 1923. The Act was passed on June 15, 2005, and came fully into force on October 12, 2005, replacing the less effective Freedom of Information Act, 2002. The movement for this law was significantly propelled by grassroots activism, notably by the Mazdoor Kisan Shakti Sangathan (MKSS) in Rajasthan.

The RTI Act operationalizes the right to information, which the Supreme Court had already recognized as a fundamental right derived from Article 19(1)(a) (freedom of speech and expression) and Article 21 (right to life) of the Constitution. The core mechanism allows any citizen to request information from a "public authority". The designated Public Information Officer (PIO) must reply within thirty days, or within 48 hours if the request concerns the life or liberty of a person. Key provisions include Section 4, which mandates proactive disclosure of information by public authorities, and Section 8, which lists the minimum exemptions from disclosure, such as information affecting national security or personal privacy. Appeals against a PIO's decision can be made to the Central Information Commission (CIC) or State Information Commissions (SICs).

The Act underwent a significant change with the Right to Information (Amendment) Act, 2019. This amendment altered Sections 13 and 16, removing the fixed five-year term for the Chief Information Commissioner and Information Commissioners at both central and state levels. Instead, the Central Government was empowered to prescribe their term of office, salaries, and allowances through rules, a change criticized for potentially undermining the statutory independence of the Information Commissions. The citizen's right to file an application and the time limits for response, however, remained the same.

References

  • wikipedia.org
  • journalism.university
  • wikipedia.org
  • vajiramandravi.com
  • byjus.com
  • nmdfc.org
  • forumias.com
  • testbook.com
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