Right to Information Act, 2005 in the context of "Procedural law"

⭐ In the context of procedural law, the Right to Information Act, 2005 is considered an example of what broader category of legal entitlements?




⭐ Core Definition: Right to Information Act, 2005

The Right to Information (RTI) Act, 2005 is an act of the Parliament of India & Delhi Legislative Assembly which sets out the rules and procedures regarding citizens' right to access information. It replaced the former Freedom of Information Act, 2002.

Under the provisions of the 2005 RTI Act, any citizen of India may request information from a "public authority" (a body of Government or "instrumentality of State") which is required to reply expeditiously or within thirty days. In case of the matter involving a petitioner's life and liberty, the information has to be provided within 48 hours.

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👉 Right to Information Act, 2005 in the context of Procedural law

Procedural law, adjective law, in some jurisdictions referred to as remedial law, or rules of court, comprises the rules by which a court hears and determines what happens in civil, lawsuit, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process (in the U.S.) or fundamental justice (in other common law countries) to all cases that come before a court.

Substantive law, which refers to the actual claim and defense whose validity is tested through the procedures of procedural law, is different from procedural law. In the context of procedural law, procedural rights may also refer not exhaustively to rights to information, access to justice, and right to counsel, rights to public participation, and right to confront accusers, as well as the basic presumption of innocence (meaning the prosecution regularly must meet the burden of proof, although different jurisdictions have various exceptions), with those rights encompassing general civil and political rights. In environmental law, these procedural rights have been reflected within the UNECE Convention on "Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters" known as the Aarhus Convention (1998).

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Right to Information Act, 2005 in the context of Revocation of the special status of Jammu and Kashmir

On 5 August 2019, the government of India revoked the special status, or autonomy, granted under Article 370 of the Indian constitution to Jammu and Kashmir—a region administered by India as a state which consists of the larger part of Kashmir which has been the subject of dispute among India, Pakistan, and China since 1947.

Among the Indian government actions accompanying the revocation was the cutting off of communication lines in the Kashmir Valley which was restored after 5 months. Thousands of additional security forces were deployed to curb any uprising. Several leading Kashmiri politicians were taken into custody, including the former chief minister. Government officials described these restrictions as designed for preempting violence, and justified the revocation for enabling people of the state to access government programmes such as reservation, right to education and right to information.

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Right to Information Act, 2005 in the context of Freedom of information act of 2002 (India)

Freedom of Information Act, 2002 was the precursor to Right to Information Act, 2005 of Parliament of India. The main weakness of this act was that it did not acknowledge the right to information of the people. Consequently, it provided for appeals only within the government bodies. It barred the jurisdiction of the courts and did not ensure any appeal with any independent body.

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