RTI ACT’S IMPACT ON TRANSPARENCY AND ACCOUNTABILITY IN GOVERNANCE BY - M. NARMADHA
RTI ACT’S
IMPACT ON TRANSPARENCY AND ACCOUNTABILITY IN GOVERNANCE
AUTHORED BY - M. NARMADHA
The Tamil
Nadu Dr Ambedkar Law University
BBA.LLB (hons)
ABSTRACT
The Right to Information is essential
for promoting accountability and transparency. It was established after India
gained independence and adopted a participatory democratic government that
ensures transparency for its citizens. In 2005, the Right to Information Act
was enacted to enhance transparency and accountability within the government
system. This act helps reduce corruption and contributes to good governance.
This research paper explores the importance of the Right to Information in
fostering an accountable and transparent government.
KEYWORDS: RTI, Accountability, transparency,
participatory democracy, good governance
INTRODUCTION
India, being the world’s largest
participatory democratic country, empowers its citizens with the right to
information in the legislative form of the Right to Information Act, 2005. This
law came into force across India, except for Jammu and Kashmir, on October 12,
2005. However, on October 31, 2019, the law also came into force in Jammu and
Kashmir. The act was enacted headed by the former Prime Minister Dr. Manmohan
Singh, and it empowers the citizens of India to act against wrongful
administration, corruption, and malpractice in governance. It has significantly
changed the way the government functions, providing access to information
related to government and administrative matters to every citizen/common man.
The Right to Information Act ensures
that citizens are provided with a wide range of information held by
public/administrative authorities, subject to certain exceptions. In the
popular case of *Raj Narain vs. State of Uttar Pradesh (1975 AIR 865)*, the
Supreme Court held that the right to information is an integral part of Article
19 of the Constitution. India enacted this landmark law due to various
campaigns, replacing the Freedom of Information Act of 2002.
The right to Information Act is also
considered an index for measuring a country’s growth. The right to information
was first enacted in Sweden in 1766, followed by the United States, Norway, and
others. In the case of S.P. Gupta vs. Union of India, the Supreme Court held
that citizens have the right to know about the functioning of the government.
Similarly, in the case of Prabhu Datt vs. Union of India, the Supreme Court
held that the right to news and information regarding government administration
is inclusive of the right to press. Numerous cases have reiterated the right to
access information[1].
AIM AND
OBJECTIVE OF THE STUDY
·
To
study the effective implementation of rti act[2]
·
To
study various effective new methods for the implementation and enforcement of right
to information act
·
To
examine the connection between right to information and good governance
·
To
analyse the impact of RTI act on reducing corruption
·
To
study the barriers and challenges in the implementation of RTI act
FEATURES OF
THE RIGHT TO INFORMATION ACT AND IT’s WORKING PROCESS
The RTI process discloses information
and also allows for inspections of this information, which can be in various
forms, such as documents, emails, press releases, circulars, notices, records,
contracts, tapes, videos, floppies, cassettes, etc. Under this act, each public
authority or partial public authority appoints a Public Information Officer
(PIO) and an Assistant Public Information Officer (APIO) to disclose
information to the public. The applicant must submit an application with a fee
of Rs. 10 (this fee is exempted for people below the poverty line, SC, and ST)
to the PIO to acquire the required information. The PIO is responsible for
providing the information within the stipulated time.
There is no specific format for
filing the application, but it must include the applicant's name and address,
the information required, and the name and position of the PIO. If the PIO
exceeds the time limit, the applicant has the right to appeal to the First
Appellate Authority, who must provide the information within 30 days under
Section 19(1) of the RTI Act. If the First Appellate Authority also fails to
respond within the time limit, the applicant can file a second appeal against
the PIO to the Information Commission, which is a quasi-judicial authority. The
commission can conduct inquiries similar to a civil court and may impose a
penalty of Rs. 250 per day, with the total penalty not exceeding Rs. 25,000.[3]
IMPACT OF
RTI ACT ON ADMINISTRATION
Under the Right to Information (RTI)
Act, a lot of people are benefiting from it. It has been used by individuals as
a tool to obtain their passports, pensions, income tax returns, ration cards,
and death and birth certificates, among other services. It is also used by
people with disabilities, the elderly, and those below the poverty line.
However, the RTI Act exempts certain organizations under the purview of the
second schedule, with 25 government organizations, such as the Enforcement
Directorate, intelligence agencies, and the Special Service Bureau, being
exempt. The major impacts include improvements in accountability and
transparency in government performance, as well as a reduction in corruption
within government organizations. The officials make better decisions, and it
empowers citizens. However, it has also increased the workload for the
government.
THE NEED FOR RTI FOR GOOD GOVERNANCE
As discussed earlier, the enactment
of the RTI Act is considered a landmark in the history of public
administration, especially in rural areas, where it is most helpful in
eradicating corruption. Before this act, the accountability and transparency of
public authorities were minimal, and people in a participatory democratic
government had no legal right to know the processes being followed for framing
policies that affected them. They also lacked information on how these policies
were implemented and who was associated with these programs, which led to a
lack of openness and accountability.
For good governance, four key
elements are necessary: transparency, accountability, participation, and
practicability. To fulfill these elements, the public should have access to all
relevant information and clarity regarding the functioning of the government.
This can be achieved through the Right to Information Act, as good governance
and the right to information complement each other.
PUBLIC
AWARENESS AND GOVERNMENT OUTREACH
As we know, the Right to Information
(RTI) Act has provided citizens with the right to access government information
to enhance transparency and accountability. However, the full potential of RTI
can only be realized when the public is aware of it, and its success largely
depends on this awareness. To make RTI effective, the government organizes
campaigns to increase citizen awareness. This can involve collaboration with
NGOs, media campaigns, online resources, RTI helplines, and feedback mechanisms.
Additionally, penalties are imposed on authorities who fail to comply with the
law. Only when citizens are aware of the RTI Act will government functions be
transparent and effective, leading to greater participation in governance. The
implementation of RTI varies from one jurisdiction to another, depending on
various circumstances.
RTI law on citizens engagement in
public administration
The Right to Information (RTI) Act
has had a major impact on citizens’ active engagement in administration. It
encourages citizens to take part in governance by equipping them with the
information necessary for participation in public debates and the
decision-making process. This engagement is the cornerstone of participatory
democracy, as it helps in scrutinizing administrative policies and decisions,
contributing to transparency and enhancing public trust.
The RTI Act also fosters civil
activism by enabling various advocacy groups, NGOs, and activists to access
information for campaigning and holding authorities accountable. This process
helps expose corruption, malpractice, and misuse of power, which can lead to
public outrage.
Furthermore, the RTI Act allows
citizens to verify whether services such as health, education, public works,
etc., are being properly delivered and ensures the quality of these services.
This promotes accountability, encouraging the government to make more informed
decisions, as their actions can easily be scrutinized by the public.
The RTI can also be used to access
information related to land use, pollution, water disputes, dam projects, and
other development projects, allowing citizens to address environmental issues
and challenge unjust policies and frameworks. When citizens in a participatory
democracy are well-informed, they can better understand the implications of
policies and engage in informed debates. This promotes evidence-based
decision-making by public administrative authorities.
BARRIERS
AND CHALLENGES
There are various barriers and
challenges in implementing this. First, there is a lack of awareness and
education among the public, so they might not be fully aware of the act, how
the system works, or how to use it. Secondly, there are exemptions related to
certain information, such as information concerning national security or
private matters, which could be misused. Thirdly, bureaucratic resistance is an
issue, as many public authorities may not want to disclose or expose their
wrongdoings, leading to intentional delays in processing requests. Fourthly,
there is inadequate infrastructure. Lastly, political interference also plays a
role
SUGGESTIONS
The technicalities and procedures
involved in filing an RTI application should be simplified, as the literacy
rate in many rural areas is low. This makes it challenging for people in these regions
to navigate the process. A phone-based system could be introduced, making it
easier and more accessible for illiterate citizens. Furthermore, the current
disposal rate of RTI applications is very low, and if the process is not
effective, the objectives of the Act will not be fulfilled. Therefore, the
implementation process needs to be faster.
To enhance its effectiveness, digital
platforms can be utilized. Another crucial method is for the government to
implement open data initiatives, where large datasets regarding decisions,
project expenditures, and more are regularly released. This would help reduce
the number of RTI applications. Although the RTI Act has helped reduce
corruption, there are still several drawbacks, such as frequent denials, lack
of public awareness, and an overload of applications.
To address these issues, countries
like the UK and Mexico have independent commissioners to ensure transparency
and accountability within public authorities. While India has an Information
Commission, it lacks sufficient power. Strengthening this body would make the
RTI Act more effective. In Mexico, information is disclosed within a short
period, and in countries like Canada and New Zealand, administrative
authorities are required to disclose a wide range of information online. Such
practices could also be implemented in India.
These are some suggestions that could
improve the effectiveness of the RTI Act in India.
CONCLUSION
Implementing this law stringently
depends not only on political parties but also on the citizens of the country.
Mere protests against it cannot ensure effective implementation in India;
citizens must also encourage and participate in taking these initiatives. The
Right to Information (RTI) Act is one of the most powerful tools for enhancing
accountability, public engagement, evidence-based information, and transparency
in government administration. It also helps strengthen participatory democracy
and promote good governance.
REFERENCE
1) Rani, S., Singh, D.K. (2018). A
Critical Analysis on the Right to Information in India, Journal of Law, 5(1),
130-135.
2) Punam, S. (2019). Right to
Information Act: an indispensable tool for Good Governance in India, Journal of
Political Sciences, 965),53-59
3) Agrawal, C. (2012). Right To Information:
a Tool for Combating Corruption in India, Journal of Management and Public
Policy, 3(2), 26-38.
4) Joseph V. Right to Information on a
Broad Canvas. The Indian Journal of Public Administration; c2001, XIVII (2).
5) Borah SK. Right to Information Act: A
Key to Good Governance. International Journal of Humanities and Social Science;
c2013, 2(2).
6) Dr. J.N Pandey, The Constitutional
Law of India, Central Law Agency, 46th Edition, 2009.
7) Dr. Abhe Singh Yadav, Right to
Information Act, 2005 An Analysis, 3rd Edition, 2012
8) Dr. K. P. Malik, Dr. K.C. Raval, Law
and Social Transformation In India, 3rd Edition, 2012.