RTI stands for Right to Information. The right to Information is a part of fundamental rights under Article 19(1) of the Constitution. Article 19 (1) says that every citizen has freedom of speech and expression.
The Central RTI Act extends to the whole of India except the State of Jammu and Kashmir. All bodies, which are constituted under the Constitution or under any law or under any Government notification or all bodies, including NGOs, which are owned, controlled or substantially financed by the Government are covered.
The judgments decide the following issues:
Can RTI Replies be shown as proof of the government’s stand?
What is the fee for RTI Application?
The Supreme Court has expressed disapproval of placing reliance on RTI replies to show the stand of the Government. Further, RTI responses are based on how the questions are posed and could be misleading. The stand of the Government should come through its affidavit filed in the court.
The Supreme Court has held that if a person seeks information under the provisions of the Right to Information, then payment has to be sought under the Right to Information (Regulation of Fees and Cost) Rules, 2005 only.
Supreme Court - Daily Orders
Inst. Of Companies Secretaries Of ... vs Paras Jain on 11 April, 2019
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 5665/2014
INSTITUTE OF COMPANIES SECRETARIES OF INDIA Appellant
VERSUS
PARAS JAIN Respondent
ORDER
1. This appeal is directed against the order dated 22.04.2014 of the Delhi High Court wherein, while allowing the Letters Patent Appeal, filed by the respondent herein, it set aside Guideline No.3 notified by the statutory council of appellantInstitute of Companies Secretaries of India and directed it to charge fee prescribed as per Rule 4 of the Right to Information (Regulation of Fee and Cost) Rules, 2005.
2. The factual matrix of the case is that the respondent appeared in the final examination for Company Secretary Signature Not Verified Digitally signed by VISHAL ANAND Date: 2019.04.20 conducted by the Appellant in December, 2012. On being 12:33:44 IST Reason: unsuccessful in qualifying the examination, the respondent made an application under the Right to Information Act for inspection of his answer sheets and subsequently, sought certified copies of the same from the appellant. The appellant thereafter has demanded Rs.500/− per answer sheet payable for supply of certified copy(ies) of answer book(s) and Rs.450/− per answer book for providing inspection thereof respectively as per Guideline No.3 notified by the statutory council of the appellant. It is to be noted that the respondent obtained the said information under the Right to Information Act, 2005.
3. Being aggrieved by the demand made by the appellant, the respondent preferred a Writ Petition before the Delhi High Court wherein the Learned Single Judge dismissed the petition. A Letters Patent Appeal was thereafter preferred by the respondent wherein, the Division Bench quashed Guideline No.3 notified by the appellant and held that the appellant can charge only the prescribed fee under Rule 4, The Right to Information (Regulation of Fees and Cost) Rules, 2005.
4. The short issue before us is when the answer scripts of appellants examination is sought whether the fee prescribed under Rule 4 of the Right to Information (Regulation of Fee and Cost) Rules, 2005 payable or that under Guideline No. 3 of the Guideline, Rules and Procedures for Providing Inspection and/or Supply of Certified Copy(ies) of Answer Book(s) to Students, framed by the Examination Committee of appellants statutory Council at its 148TH Meeting held on 14.08.2013.
Download complete judgement by clicking on the button given below >>
The judgments discuss the RTI Act, 2005. It empowers citizens to question the government. The Act promotes transparency and accountability in the working of the government. The Act also helps in containing corruption in the government and works for the people in a better way.
RTI is perhaps one of the most essential fundamental rights that lay the foundation of democracy. Every citizen of India is entitled to hold the government accountable. Therefore, a citizen also has the right to file an RTI application and seek information. Filing an RTI application is a tedious and technical process and requires the assistance of a documentation lawyer. Hence, it is advisable that you consult a documentation lawyer if you are looking to file an RTI application.
659+ Lawyers are online 
