- Landmark development for RTI application:
The Government of India has announced that Online RTI facility is to be extended to all central ministries. Indian citizens will now be able to seek information from all central ministries by filing their RTI applications Online.
The Government has launched an exclusive portal – https://rtionline.gov.in- for this purpose, initiating this facility currently only for the questions asked from the Ministry of Personnel. All other central ministries will be covered under it within a month.
“This portal, developed by NIC*, is a facility for Indian citizens to online file RTI applications and first appeals and also to make online payment of RTI fees”, said a note issued by the Department of Personnel and Training (DoPT).”
*NIC: National Infotech Centre
It said, “The prescribed fees can be paid through Internet banking of State Bank of India and its associate banks as well as by credit or debit cards of Visa or Master, through the payment gateway of SBI linked to this site”.
The entire website is prepared in such a way that the system would provide online reply to all RTI applications. This facility is, however, presently not proposed to be extended for field offices or subordinate offices.
The Right to Information Act, which was enacted in 2005, mandates timely response (within 30 days) to citizens’ requests for government information. The information seeker has to pay a fee of Rs. 10 for getting the information.
“Arrangements have been made to provide training to the RTI nodal officers, RTI Cell officials and the NIC or information technology personnel attached with the ministries and departments within the next two to three weeks”, said the DoPT.
Giving details of the guidelines for the information seeker, the department said that the text of the application that can be uploaded at the prescribed column (on the website) was, at present, limited to 500 words only. “In case an application contains more than 500 words, then it can be uploaded as an attachment”, it said.
In case additional fee is required, covering the cost for providing information, the CPIO will intimate the applicant about the same through the portal. The first appeals filed through the website will also reach electronically to the ‘Nodal Officer’ of the DoPT, who would transmit the appeals to the concerned First Appellate Authority (FAA).
- RTI and Co-operative Societies:
97th Amendment to the Constitution
Said amendment w.e.f. 15-02-2012 amends 3 articles:
1. In Article 19 (article of fundamental rights) the term “Co-operative societies” is added in clause (1)(c) thereof.
2. Article 43-B is inserted:
It reads: Promotion of co-operative societies – The State shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of cooperative societies.
3. Part IX B is inserted:
It provides certain guidance on State Bye-laws of Co-operative Society.
The amendment 3 above has been struck down by the High Court of Gujarat. The final para of the order reads as under:
“We, therefore, allow this Public Interest Litigation by declaring that the Constitution [97th amendment] Act, 2011/ inserting part IXB containing Articles 243ZH to 243ZT is ultra vires the Constitution of India for not taking recourse to Article 368(2) of the Constitution providing for ratification by the majority of the State Legislatures. This order, however, will not affect other parts of the Constitution [97th amendment] Act, 2011. In facts and circumstances, there will be no order as to costs.”
We, many RTI activists, are of the opinion that by virtue of “Co-operative Societies” having been inserted in Article 19 of the Constitution as part of 19(1)(c), they become body of self-government established or constituted by or under the Constitution u/s. 2(h) of the RTI Act.
Bombay Chartered Accountants’ Society referred the matter to one Senior Advocate who has given opinion that co-op societies become a Public Authority as defined under 2(h) of the RTI Act.
