Right to Information
Can a person who is NOT a citizen of India make an application under the Right to Information Act, 2005?
Can a Limited Company make an application under the Right to Information Act, 2005 as section 6 talks of "a person" and not "an individual"?
No RTI is only for the citizen.
Originally Posted by narayanvarma
Kushal has directed you to right thread.
Originally Posted by narayanvarma
Mr Narayan I would suggest you to tell some of your Friends relative of Indian citizen to make RTI Application of behalf of you.
I am happy that many individuals have replied my query. I had raised the query to enter into "RTI India" as an active member. As such I know that all of you will reply as you did.
From practical point of view, your reply is correct as it is so ruled by CIC also. However, from academic point of view and looking to the objective of the Act, I believe that even non citizens have a right of application.
No doubt section 3 states "all citizens shall have the right to information." Does it say that : Others do not have?
Section 6 states: A person who desires to obtain.... Person includes other than individual.
Section 19(1) states: Any person... prefer an appeal
At best, one can say that the matter is confused and not free from doubt. One day CIC may change its opinion. I may state that SIC of Mizoram, Robert Hrangdawla holds the view as I have stated above. In his strong views he has written: Thus, excepting the right of all citizens under Section 3 of the Act, there is no mention of citizens in the Act. All the operating provisions from Section 6 to Section 21 of the Act confer right on persons and protects action taken by persons in good faith. To hold that only citizens have the right to information under RTI Act will hit Articles 13, 14, 21 and some other Fundamental Rights enshrined in the Constitution and may render RTI Act unconstitutional.
Dear Mr Verma,
The argument put forth by you is very appealing. And practically one can get information by applying in any other citizen name as suggested by nile.
On the face of it it should be done.
I would not like to qoute any thing against the order of SIC Mizoram.
I would just like to quote some aspects
1. Preamble of any act describes the soul of the act.
2. All the laws which are made, have a specific extent defined in to the act.
3. Article 13, 21 of constitution in essence indicates the Principle of Natural Justice and it should be extend to all human beings.
The definition of person is mostly relied from the income tax act. If it is made only citizen then as secretary of an association or part of an organization, one cannot ask for information under RTI.
And income tax act is only applicable to the persons in india.
Last edited by maneesh; 23-03-07 at 08:52 AM.
I am happy with your reply. I wish other members join in this discussion to get more clarity on the subject of status of the applicant - whether non citizen i.e other than individual can make an application. Second part of my question is not replied by you nor by anybody else. I am searching the notiifcation on the post office route for Central Public Authority applications. Hope someone gives me the information. I am happy to join your blog. Good wishes to all the members.
I would like to know which organization is operating this and if that is public authority then consider this a question under RTI.
<?xml:namespace prefix = o ns = "urn:schemas-microsoft-comfficeffice" /><o></o>
I am ready to pay Rs. 10/- as application fee (this is humour). Yours is very interesting site but very unusual and very complicated.<o></o>