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Thread: Proactive disclosure under section 4 of RTI Act 2005

  1. Re: Proactive disclosure under section 4 of RTI Act 2005


    I have corrected it, thank you!

    Also follow up this campaign at the announcement here;

    https://www.rtiindia.org/forum/2310-p...4-rti-act.html



  2. Re: Proactive disclosure under section 4 of RTI Act 2005


    Quote Originally Posted by sngupta View Post
    Mr Vashistha Vivek,
    How we may make the whole system tranparent and accountable, Please say me something the way it is possible.
    Well Gupta Sir,
    Your aforesaid points seems to be beyond the scope of S.4 of the Act. It's true that the transparency particularly in the administrative affairs is essential to remove the corruption, favouritism and partialty. Moreover, the transparency and the disclosure of maximum information relating to the governmental affairs are essentially needed for the effective people participation in administration, which is the most important ingredient of the democray.
    As you may be aware that during the British era, legislations were enacted from time to time for the protection of the Official Secrets. The first such legislation was perhaps the Indian Official Secrets Act, 1889, which was given more teeth from time to time. The last legislation in this direction before independence was the Official Secrets Act, 1923, which unfortunately is in force at present also. The Act created the culture of secrecy which in turn encouraged the bad things like corruption etc. prevalent in the administrative society at present.
    It is really satisfying that the people and Government have now realised the importance of tranpareny, although, the Hon'ble Supreme Court had been observing in the numerous of cases for the need of a legislation in this regard. Firstly, the Freedom of Information Act, 2002 was enacted, but it was realised within three years that this legislation is required to be armed with more teeth, which resulted into the enactment of the Right of Information Act, 2005 and repealing of the Freedom of Information Act, 2002.
    At present, we have a remarkable and path breaking legislation, which will surely bring transparency in the Administrative structure. With the passage of time, the Act is likely to become more effective, when large number of people will start resorting to this Act. We should not forget that the work culture prevalent in the country for more than a century will not change overnight. But I am confident that we are on a right track and with such strong legislation, it will not take more than a decade for totally changing the enviorment secrecy into the dawn of transpareny. Untill every person gets acquinted with the Act, it is our responsibility to take maximum recourse to the Act and make it popular. We are further fortunate enough that we have got such a nice forum like this (RTI India) to discuss all these issues.

  3. #35

    Re: Proactive disclosure under section 4 of RTI Act 2005


    Originally posted by vivek
    Your aforesaid points seems to be beyond the scope of S.4 of the Act......................
    . Our every activity is only concerned to satisfy the soul. The RTI is also development of constitution of India and if constitutional rights are fully secured to citizen of India the whole problem in society will be resolved.
    The ultimate purpose of all enactment is to ensure living every human being only.
    In my views tranparency and accountability may provide us pleasant atmosphere to live.

  4. Re: Proactive disclosure under section 4 of RTI Act 2005



    Quote Originally Posted by sngupta View Post
    In my views tranparency and accountability may provide us pleasant atmosphere to live.
    Yes. That's true. But S.4 cannot be mixed with the philosophy of life and to attain good, we should have to excercise our rights as per the express provisions of the Act. But, I do not understand what you want to say by
    "The ultimate purpose of all enactment is to ensure living every human being only".
    Moreover, all the enactments are not positive one. What will you say about the Official Secrets Act, 1923, which is in operation today also and which is responsible for created this environment of secrecy.

  5. #37

    Re: Proactive disclosure under section 4 of RTI Act 2005


    Dear Mr. Vashishtha,
    The official secret act was enacted by Britishers to punish indians in the name of secrecy. Secrecy is the only reason of development of terrorism and naxalism. As per my knowledge any act superseding the constitution is invalid after 26th Jan,1950 and official secret act have no meaning at present but due to non implementation of constitution we are feeling so many lapses like official secret act. Section 4 of RTI Act creating obligation to public authority to disclose every information needed for transparecy and objective working. Due to not having proper disclosure we are facing so many problem to deal with so many organs of Govt.
    I am working in BSNL and I am observing that due non availability of informations so many customers are wandering here and there as per replied by available person. If there is perfect information disclosed on notice board why a customer need to wander here and there.

  6. Re: Proactive disclosure under section 4 of RTI Act 2005


    Repected Gupta Sir,
    The Official Secrets Act, 1923 is very much in operation. The Administrative Reforms Commission has recently recommended for its repealing, but the Central Government do not seem to be much interested. The various courts including the Hon'ble Apex Court has delivered numerous judgements in the matter for the violation of provisions under the Official Secrets Act, 1923. As regards to superseding this Act by the Consitution, it is pertinent to mention here that the wording of the OSA is not such that it is directly in conflict with the Constitution. Moreover, the Constituion also provide for laying restrictions on some rights and the OSA seems to be covering under the exception.
    I would further like to add here that I have not found even a single judgement of the Hon'ble SC, vide which this Act has been termed as illegal. Some of the provisions are relevant today also in the interest of nation, but as recommended by the ARC, the OSA should be repealed and there should be different law for the National Security.

  7. #39
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    Re: Proactive disclosure under section 4 of RTI Act 2005


    The Constitution of India cannot be superceded or violated by any Act/Rules. Their sustainability is based only with reference to the Constitution. Anything that stand in conflict with the Constitution is null and void.

  8. Re: Proactive disclosure under section 4 of RTI Act 2005


    Howerver, for anything being null and void legally, the same has to be declared by the court of law.

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