In the previous unit of RTI (Basics of Right to Information-1) you have read that The Right to Information Act, 2005 was enacted by the Parliament of India to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of the public authorities, before this another law, ‘The Freedom of Information Act, 2002’ was in force. For the purpose of the Right to Information Act, 2005 Public Information Officers (PIOS) are designated by the public authorities in all administrative units or offices under it, to provide information to the citizens on their request. Any officer whose assistance is sought by the PIO shall render his assistance to discharge his duties, in case of contraventions of the provisions of this Act; such officer shall be treated as PIO. Time limit to provide requested information in various conditions has been provided by the Act.
In this unit you will know that the right to information is not absolute. Not all information that the government generates will or should not be given out to the public as if such sensitive information is released to the public, they might actually cause some serious harm to more important interests.[1]
In the Right to Information Act, 2005 provisions of first appeal and second appeal have been given in section 19 of the Act. There are two types of appeals provided in the Act that can be preferred by the applicant. The first one is the first appeal under section 19 (1) of the Act. It is a departmental appeal that is to be filed in the concerned department and the appellate officer is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be. After feeling aggrieved from the order of the first appellate officer or in case of non-compliance of its order applicant can prefer a second appeal under section 19(3) before The Central Information Commission or State Information Commission as the case may be. There is specified time limit to file first appeal or second appeal but relaxation can be given by condoning the delay by the appellate authorities.
In this Unit students will learn about constitution and composition of Central Information Commission and State Information Commissions. The Central Information Commission (CIC), under this Act, shall consists of one Chief Information Commissioner, who will head the Commission, and such number of Central Information Commissioners, as may be deemed necessary, but not exceeding ten. On 26th October 2005, Mr. Wajahat Habibullah became India’s first Chief Information Commissioner.
Similarly, this Act also provides for mandatory constitution of State Information Commissions at State level as a designated authority to receive and inquire into a complaint from any person. The State Information Commission, under this Act, shall consists of one State Chief Information Commissioner, who will head the Commission, and such number of State Information Commissioners, as may be deemed necessary, but not exceeding ten.