Section 26 of Right to Information Act, 2005

Appropriate Government to prepare programmes.—

(1) The appropriate Government may, to the extent of availability of financial and other resources,—

a)   develop and organize educational programmes to advance the understanding of the public, in particular of disadvantaged communities as to how to exercise the rights contemplated under this Act;

b)   encourage public authorities to participate in the development and organization of programmes referred to in clause (a) and to undertake such programmes themselves;

c)   promote timely and effective dissemination of accurate information by public authorities about their activities; and

d)   train Central Public Information Officers or State Public Information Officers, as the case may be of public authorities and produce relevant training materials for use by the public authorities themselves.

(2) The appropriate Government shall, within eighteen months from the commencement of this Act, compile in its official language a guide containing such information, in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right specified in this Act.

(3) The appropriate Government shall, if necessary, update and publish the guidelines referred to in sub‑section (2) at regular intervals which shall, in particular and without prejudice to the generality of sub‑section (2), include—

a)   the objects of this Act;

b)   the postal and street address, the phone and fax number and, if available, electronic mail address of the Central Public Information Officer or State Public Information Officer, as the case may be of every public authority appointed under sub‑section (1) of section 5;

c)   the manner and the form in which request for access to an information shall be made to Central Public Information Officer or State Public Information Officer, as the case may be;

d)   the assistance available from and the duties of the Central Public Information Officer or State Public Information Officer, as the case may be of a public authority under this Act;

e)   the assistance available from the Central Information Commission or State Information Commission, as the case may be;

f)    all remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by this Act including the manner of filing an appeal to the Commission;

g)   the provisions providing for the voluntary disclosure of categories of records in accordance with section 4;

h)   the notices regarding fees to be paid in relation to requests for access to an information; and

i)     any additional regulations or circulars made or issued in relation to obtaining access to an information in accordance with this Act.

(4) The appropriate Government must, if necessary, update and publish the guidelines at regular intervals.

Meaning/Significance of Article 26 of RTI Act, 2005

The most important aspect of formulation of any Govt. scheme, act, benefit or regulation is the public awareness of the same. The Section 26 of the Right to Information Act, 2005 ensures public awareness. The intent of this section is to maximize awareness among the different classes of the society and create a bridge between the Government and the Public. This section also puts pressure on public authorities to provide information to people and put information in public domain. The objective of this section is to maximize the impact of Right to Information in the society as much as possible by connecting with each and every individual. The people have to be educated by various programmes to be conducted by the Government. It requires publicity among the masses through social media campaigns and other modes of media on constant basis. The benefit of this Act must reach the marginalized and unprivileged. They need to be encouraged to come forward and get their personal problems mitigated through its use. Therefore, the new procedure and proceedings need to be taught to the people as well as the Government officials so that, there is no ignorance regarding the Act and its functioning. The Government officials have to be trained to execute the Act properly for the benefit of people. And the public has to be more open and participative towards the Act, and reap maximum benefit out of it.

Explanation of clauses of Section 26 of RTI Act, 2005

Section 26(1) and 26(2) talk about initiating new programmes to increase awareness and connecting with the people effectively and efficiently, respectively.

Section 26(1) talks about the promotion of the Act and ensuring it reach more and more people in the society. Organizing training programmes for public as well as authorities so that they can get acquainted with the procedure of the Act.

Section 26(2) directs the appropriate Government to compile guides within 18 months which should contain useful information for the public as well as officials concerned.

Section 26(3) is in furtherance to Section 26(2). Which directs the appropriate Government shall, if necessary, update and publish the guidelines referred to in sub-section (2) at regular intervals. It further includes all the information that requires to be updated and published in the public domain.

Section 26(4) basically directs the appropriate Government that it must update and publish the guidelines for the information to the general public includes objective of the Act, name and designation of Public Information Officer (PIO)/Assistant Public Information Officer (APIO), name and designation of First Appellate Authority (FAA), the procedure for getting the information, fee structure, procedure for filing an appeal and assistance available to the public and matters regarding implementation of the Act.

Need and Importance of Section 26 RTI Act, 2005

The importance of Section 26 of the Right to Information Act, 2005 surrounds awareness and creating a larger impact in the society. It can be summed up in-

1-   Public Awareness- The objective of this Section is to create Public awareness so that the Act reaches each and every individual of the society. Since, this Act serves a great purpose in a functional constitutional democracy like ours. It is important that ignorance towards such important legislations is minimized.

2-   Training of Authorities- It is important that the officials in the Public Authorities are made aware about the functioning of the Act, so that they may serve the public more efficiently. The purpose of the Act fails in practicality if the officials responsible for its implementation are ignorant about the functioning of the Act.

3-   Training of Public- The people, along with awareness, need to be trained the know-how of the Act and how they may use it for their benefit. Organizing programmes will help people to get acquainted with the Act and the Authorities. And will also minimize abuse of the Act.

Section 27 of Right to Information Act, 2005

Power to make rules by Appropriate Government.—

(1) The Appropriate Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—

a)   the cost of the medium or print cost price of the materials to be disseminated under sub‑section (4) of section 4;

b)   the fee payable under sub‑section (1) of section 6;

c)   the fee payable under sub‑sections (1) and (5) of section 7;

d)   the salaries and allowances payable to and the terms and conditions of service of the officers and other employees under sub‑section (6) of section 13 and sub‑section (6) of section 16;

e)   the procedure to be adopted by the Central Information Commission or State Information Commission, as the case may be, in deciding the appeals under sub‑section (10) of section 19; and

f)    any other matter which is required to be, or may be, prescribed.

2) Meaning/Significance of Section 27 of RTI Act, 2005

The Section 27 of the Right to Information Act is relevant because it allows the appropriate government to make provisions for smooth implementation of the Act. This also helps in keeping up the Federal or rather Quasi-Federal nature of the Constitution since; it allows the State Governments to make provisions as per their requirements. Pertaining to the diverse nature of the Indian society, this Section is highly relevant for the execution of this Act.

Explanation of clauses of Section 27 of RTI Act, 2005

Section 27(1) of the Right to Information Act empowers the appropriate Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act. The appropriate Government in the case of Union Territory Administration shall be the Central Government. And rest will follow the definition of appropriate Government given in Section 2(a) of the Act. Given the social diversity of India, and the federal nature of the constitution, the State Governments are given liberty to implement the Act in the most suited manner for their territory. And for that purpose they make certain provisions in order to carry out the Act.

According to section 27(2) of the Act, in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the matters mentioned above in the clauses itself. This is in order to ensure smooth functioning within the Authorities so that the Act may be enforced appropriately.

Need and Importance of Section 27 RTI Act, 2005

The importance of appropriate Government is asserted by the Parliament itself. Powers have been given to the appropriate Government to make rules including procedure to be adopted for deciding request application for seeking information or appeals by First Appellate Authority or by Central/State Information Commission, fee structure for various purposes and any other issue which may be necessary for smooth implementation of the Act. The Section 27 of the Right to Information Act, 2005, is important for the smooth implementation of the Act throughout India. Moreover, it finds importance in maintaining the spirit of the Constitution as well.

1-   Maintaining Quasi-Federal structure- The power to State Governments to make provisions as per their requirements for better implementation helps in keeping up with the “Federalist” nature of the country.

2-   Smooth functioning- By the virtue of Section 27, the appropriate government can adjust salaries, fees etc. in order to maintain and better the implementation and impact of the Act in their respective region.

3-   Avoids conflict of interest- Section 27 ensures there is no conflict of interest between Central Government and State Government in terms of the implementation of the Act.

Section 28 in The Right To Information Act, 2005

Power to make rules by competent authority.—

(1) The competent authority may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—

 (i) the cost of the medium or print cost price of the materials to be disseminated under sub‑section (4) of section 4;

 (ii) the fee payable under sub‑section (1) of section 6;

 (iii) the fee payable under sub‑section (1) of section 7; and

 (iv) any other matter which is required to be, or may be, prescribed.

Meaning/ Significance of Article 28 of RTI Act, 2005

The Article 28 of the Right to Information Act, 2005, is in furtherance with the Article 27 as it gives recognition to other competent authorities, other than Central/State Government, to make necessary provisions for better and smooth functioning of the Act.

Explanation of clauses of Section 28 of RTI Act, 2005

Section 28(1) of the RTI Act the competent authority may, by notification in the Official Gazette, make rules to carry out the provisions of this Act. This is in respect of other institutions not covered by section 27 of the Act i.e. Central or State Governments.

Sub-section (2) of section 28 provides that, in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the matters mentioned above.

It is important to distinguish distribution of Power to implement the Act in the most effective and efficiency moment.

Need and Importance of Section 28 RTI Act, 2005

It is important to reach to the minutest level of the society in order to reap maximum benefit of the Right to Information Act. For that it is important that competent authorities at every level are given some power for the sake smooth functioning of the Act and to ensure better penetration within the society.

1-   Benefit to the authorities- By the virtue of Section 28, the competent authorities at smaller level can make rules for their own better functioning. This helps the officials to work for better implementation of the Act throughout the society

2-   Reaching the minutest layer of the society- India is diverse and it is difficult to reach at every layer of the society, from urban to rural without delegating some power to different authorities. The said authorities may have a better connection with the local population and thus, the benefit of the Act can be maximized.

3-   Delegation of powers- Section 28 of the Right to Information Act ensures that power is not concentrated or centralized at any level. The more power is given to competent authorities at smaller level, the better connection it will create with the people and will also ensure officials at smaller level are not exploited.