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Annual Report 2015-16

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Chapter 1<br />

Introduction<br />

The right to know is the “sine qua non” of a democracy. The Constitution of India<br />

has enshrined the principles of democracy, especially by guaranteeing to its citizens<br />

Fundamental Rights which inter-alia include the people’s right to know everything done<br />

by the public functionaries. This right is implicit in Article 19(1)(a) and Article 21 of the<br />

Constitution of India.<br />

The Central Information Commission was established in October 2005 under the Right<br />

to Information Act, 2005 (RTI Act). RTI Act provides for setting out the practical regime<br />

of Right to Information for citizens to secure the right to access to information held by<br />

or under the control of public authorities. The legislative intent behind the enactment<br />

of the RTI Act is to foster transparency and accountability in the working of every<br />

Public Authority, bridge the gap between the information provider and the information<br />

seeker, enhance efficiency in administration of public authorities, mitigate corruption<br />

and promote good governance.<br />

Salient features of the RTI Act<br />

1.2 Public Authority<br />

As per Section 2(h) of the RTI Act, a ‘Public Authority’ means any authority or body or<br />

institution of self government established or constituted by or under the Constitution,<br />

any other law made by the Parliament, any law made by the State Legislature and<br />

notification or order made by the appropriate government. It includes any ‘body’ owned,<br />

controlled or substantially financed and non-government organizations substantially<br />

financed directly or indirectly by funds provided by the appropriate government.<br />

1.3 ‘’Right to Information’’<br />

As per Section 2(j) of the RTI Act, 2005, the ‘Right to Information’ means the right of<br />

a citizen to seek any information accessible under this Act, which is held by or under<br />

control of any Public Authority and entitles him to inspect work, documents, records<br />

which includes any document, manuscript and file and any electronic records, take<br />

notes, extracts or certified copies of documents or records, take certified samples of<br />

material and obtain information as stored in any electronic mode or through print outs<br />

wherein such information is stored in a computer or in any other device.<br />

1.4 Exemption from Disclosure of Information<br />

No right is unfettered and therefore while promoting institutional integrity and<br />

transparency, Sections 8, 9, 10, 11 and 24 of the RTI Act enlist exemptions on<br />

disclosure of certain information. Essentially, as per the RTI Act such information is<br />

1

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