Explore the power of transparency with the RTI Act. Learn how the Right to Information Act empowers citizens to access government information for a more accountable democracy.
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This is one problem litigants across the country face when they try to procure certified copies of court orders. Their applications get stuck in red tape and they have to wait for months to get the copies. In many cases, officials summarily refuse to give the papers, saying the matter is sub-judice.But an order passed by the Central Information Commission (CIC) may bring relief to litigants; it said citizens can use the Right To Information route to get even certified copies of court papers.
Pricewaterhouse Coopers (PwC), the audit and consultancy firm which failed to detect the fraud in Satyam Computer Services, has been assigned to study the central government’s transparency efforts by examining the issues and constraints in implementing the Right to Information (RTI) Act.
Right to Information Act is based on the analogy that transparency leads to greater accountability and that in turn should lead to good governance.
The Government is not bound under the Right to Information law to divulge details about its Income Tax scrutiny policy, used to identify tax payees before subjecting them to detailed investigation. The Central Information Commission held this while accepting the Finance Ministry’s view that revealing information related to the scrutiny guidelines would adversely affect economic interests of the country.
It comes into force on the 12th October, 2005 (120th day of its enactment on 15th June, 2005). Some provisions have come into force with immediate effect viz. obligations of public authorities [S.4 (1)], designation of Public Information Officers and Assistant Public Information Officers[S.5( 1) and 5(2)], constitution of Central Information Commission (S.12 and 13), constitution of State Information Commission (S.15 and 16), non-applicability of the Act to Intelligence and Security Organizations (S.24) and power to make rules to carry out the provisions of the Act (S.27 and 28).
A mere allegation of corruption not backed by credible evidence would not be sufficient to direct the country’s intelligence organisations to reveal information under the RTI Act, the Central Information Commission (CIC) has held.
Right to Information is a fundamental right – Income Tax Department to furnish information sought within two weeks – serious note taken of lackadaisical approach of Department in releasing information – Delhi High Court
The Central Information Commission (CIC) has held that citizens cannot question government policies and plans by utilising the Right to Information Act. The Commission noted this while dismissing an application filed by a Mumbai resident Amin Merchant who had sought information from Finance Ministry as to why certain tariff policy was framed by the Centre.
Has your income-tax return been picked up for scrutiny by the income-tax department? You may not get to know the reason. The department is against bringing scrutiny under the purview of the Right To Information (RTI) Act. This means an assessee will not have the right under the RTI Act to ascertain as why his case was selected for scrutiny by the department.
The Applicant, an informer of the department, filed a RTI application seeking inspection & copies of all records available with the income tax department including assessment orders of Escorts Ltd, Dr. Naresh Trehan and connected parties. The application was rejected by the PIO on the ground that there was no overriding public interest in disclosing the information relating to third parties and the disclosure would lead to an invasion of privacy of the assessees. On appeal by the applicant, HELD allowing the appeal:
