In 1766, Sweden was the first country to introduce right to information. The other Scandinavian countries followed it later. Finland enacted the Freedom of Information legislation in 1951. Both Denmark and Norway did it in the year of 1970. The Constitution of South-Africa gives guarantee of right to information. In UK freedom of information act came into force in 2005.The Constitution of India has no direct provision expressly conferring right to information to the citizen. However, in 1975 Supreme Court stated that right to information is an intrinsic part the two fundamental rights under Articles 19 and 21. In 2005, Parliament enacted RTI (Right to Information) act, replacing the freedom of information Act, 2002.

Highlights of the Act

1.      It provides for the appointment of an information officer in each department to provide information to the public on request.

2.      It fixes a 30 day deadline for providing information; deadline is 48 hours if information concerns life or liberty of a person.

3.      Information will be free for BPL (Below Poverty Line) people and fee for the reasonable for the others.

4.      The act imposes obligation on public agencies to disclose the information sou-motu to reduce requests for an information.

5.      Government bodies have to publish details of staff payments and budgets.

6.      It provides for the establishment of a Central Information Commission and State Information Commission to implement the provision of the act. They will be independent high level bodies to act as appellate authorities and vested with the powers of a civil court.

7.      The President will appoint a Chief Information Commissioner and governor of state will appoint State Information Commissioners. Their term will be 5 years.

8.      The act overrides the official secrets act 1923.

9.      Certain types of information are prohibited like:

(a)     The sovereignty and integrity of the country, the security, strategic, scientific or economic interest of the state, relation with foreign states.

(b)     Forbidden to be published by any court.

(c)     Information causing a breach of privilege of parliament and state legislature.

(d)     Information including commercial, confidence, trade secrets or intellectual property etc.  

Facts

(1)        Tamil Nadu was the first state to enact legislation on this subject.