RTI: A POWERFULL TOOL TO EMPOWER THE CIVIL SOCIETY OF INDIA by- Diksha Verma & Swati Sinha
RTI: A POWERFULL TOOL TO EMPOWER
THE CIVIL SOCIETY OF INDIA
Authored by- Diksha Verma
& Swati Sinha
Bba llb 2019-2024
University of petroleum and
Energy studies, dehradun
ABSTRACT:
The Right to Information (RTI) Act of
2005 was implemented to bring about subtle changes in the administration of the
governmental process. Many initiatives are being implemented around the world
to address the need for Good Governance. The right to information (RTI) is
being recognized as a potentially useful tool of empowerment. The Right to
Information Act of 2005 was passed in order to promote transparency.
Transparency and accountability in government. It is critical to achieve these
objectives that the RTI Act should give citizens the right to inquire about
government operations on the internet As a result, this paper emphasizes the
significance of the right to information as a tool for achieving good
governance. It also discusses how a government that operates in greater secrecy
is more effective. susceptible to corruption in comparison to a government that
operates on a larger scale.
INTRODUCTION:
The Right to Information Act, which
grants citizens of India access to government records, was thought to be one of
the most radical pieces of legislation in modern India, capable of transforming
India into one of the most advanced democracies. This Act has granted people
the right to participate in governance. which is the foundation of inclusive
growth Common citizens benefited from the Right to Information empowered to
know whatever they thought was important to known.[1]
The right to information and good governance are inextricably linked. The right
to information is a tool for achieving good governance goals. Transparency,
accountability, and responsiveness are essential components of good governance,
and they are all promoted or facilitated by the government. The right to
information.[2] As a result,
the citizen's right to information is increasingly being recognized as a
fundamental right important tool for promoting openness, transparency, and
accountability in government In fact, in this age of liberalization and
globalization, imperceptible government has become a thing of the past. It has
been observed that a government that operates in greater secrecy is more
susceptible to corruption. in comparison to a government that is more open[3].
RIGHT TO INFORMATION ACT 2005
The Freedom of Information Act of
2002 was passed by the Indian Parliament in order to promote accountability and
transparency in government administration. However, due to some shortcomings
and harsh criticism, the Central Government created the National Common Minimum
Program of the Government, which provided that the Freedom of Information Act
will be made more participatory, progressive, and meaningful, the decision was
made to repeal the Freedom of Information Act, 2002 and replace it with new
legislation.
As a result, the Right to Information
Bill 2004 was passed by parliament in May 2005 and received presidential assent
on June 15, 2005. On June 21, 2005, the Right to Information Act was published
in the Official Gazette of India. It became fully operational on October 12, 2005.[4]
The Right to Information Act of 2005 was passed in order to increase
transparency and open government. It was enacted following an analysis and
comparison with other freedom of information laws around the world, and it
clearly reveals certain unique features that are provided to ensure the freedom
of information. the effective exercise of this right in the Indian context
Citizens' access to information has been granted as a right rather than as a
freedom[5].
Despite the fact that our constitution does not expressly mention the right to
information as a fundamental right, However, the Supreme Court has interpreted
this right as arising from Art 19 in a number of decisions. (1) (a) states that
"all citizens shall have the right to free expression and expression."
This implies that people have the right to freely express themselves and their
opinions on any subject. This would be beneficial have included the right to
know, because we cannot express ourselves unless we know what we are talking
about it or express opposition to it.[6]
The Supreme Court ruled in S.P. Gupta v. President of India and others[7]
that "no democratic government can survive without accountability, and the
basic postulate of accountability is that the public should be informed about
how the government works It can only happen if People understand how the
government works and are capable of fulfilling the role that democracy has
assigned to them. them and transform traditional democracy into a truly
effective participatory democracy As a result, disclosure of Information about
how the government works must be the rule, and information secrecy is
prohibited exception.
In Prabhu Dutt v. Union of
India[8],
the Supreme Court ruled that the right to know news and information about
government administration is included in freedom of press, which is an integral
part of freedom of speech and expression under Article 19(1)(a) of the Indian
Constitution. In Union of India v. Association for Democratic Reforms[9],
the court ruled that all electorates were equal.
Article 19(1) (a) states that
citizens have the fundamental right to know about their education, assets,
liabilities, and other assets.criminal history of any candidate running for
office L.K. Koolwal v. State of Rajasthan and others.[10]
The Supreme Court ruled that "citizens have a right to know about the
State's activities, the agencies, departments, and instrumentalities The
earlier privilege of secrecy, which stated that the State is not required to
disclose facts to citizens or that the State cannot be forced to disclose facts
by citizens, no longer exists to a large extent. (1) (a) of Article 19
of The right to free expression is guaranteed by the Constitution. The
foundation of free expression is the Right to know freedom The State has the
authority to impose reasonable restrictions in this matter, as it does in
others. fundamental rights where they affect national security and any other
related matter affecting national security integrity”. Under this judicial
guidance, and with the goal of promoting openness, transparency, and
accountability, administration accountability The Freedom of Information Act
has been amended.
LEGISLATIVE DEVELOPMENTS IN IMPLEMENTING RTI ACT
The most contentious issue in the
implementation of the Right to Information Act is the disclosure of official
secrets. People are sovereign in a healthy democratic system, and the elected
government and its functionaries are public servants. As a result, by
definition, transparency should be the norm in all government. matters.
However, it is well established that the public interest is best served when
certain sensitive issues are avoided. Disturbing national security is kept
hidden from public view. The Official Secrets Act of 1923 was passed during the
All matters of secrecy and confidentiality in governance are governed by the
British era. The law is primarily concerned with security and provides a
framework for dealing with espionage, sedition, and other threats to the
nation's unity and integrity. Nonetheless, given the colonial climate of
mistrust of people and The primacy of public servants in dealing with citizens,
as well as the Official Secrets Act, fostered a culture of secrecy. Confidentiality
became the norm, and information disclosure became the exception.[11]This
Act stated that "if any person is in possession or control of any secret
official code or password, or any sketch, plan, model, article, note, document,
or information about a prohibited place, or such information the disclosure of
which is likely to affect the sovereignty and integrity of India, or which is
likely to affect the sovereignty and integrity of India, or which is likely to
affect the sovereignty and integrity of India, or which is likely to affect the
sovereignty and integrity of India may aid an enemy state, or which has been
given to him in confidence by anyone holding office under the government, or
which he has obtained as a result of his official position, He shall be guilty
of an offence under the Act if he communicates it to an unauthorized person,
uses it in a manner prejudicial to the interests of the State, retains it when
he has no right to do so, or fails to take reasonable care of such information."
These have been used by eight
government agencies. provisions of the Official Secrets Act to declare
documents and even entire areas as secret and, as a result, inaccessible.[12]
This Section applies to any type of information classified as secret. The
phrase The term "secret" or "official secrets" is not
defined in the Act. As a result, public servants benefit from the authority to
classify anything as classified information.[13]
The Right to Information moment in
India emerged in the 1990s to strengthen the process of paradigm shift from a
state-centric to a citizen-centric model of development. This is to address a
major contradiction between the Colonial Acts, which prohibit access to
information, and the post-independence Indian Constitution, which recognizes
information seeking as a fundamental right. encourage transparent, accountable,
participatory, and decentralized democracy. With these goals in mind, the
Central Government formed a working group led by H.D. Shourie to draught this
legislation. This draught served as the foundation for the Freedom of
Information Act of 2000, which was eventually passed.
The Freedom of Information Act of
2002 became law. This Act was harshly criticized for allowing too many
exemptions, not only on the standard grounds of national security and
sovereignty, but also on other grounds. requests involving a disproportionate
diversion of a public authority's resources There were no maximum number of
charges that could be imposed Furthermore, there were no penalties for failing
to comply. an information request As a result, the Freedom of Information Act
never became effective[14].
GOOD GOVERNANCE
In a democracy, good governance is
associated with efficient and effective administration. It is analogous to
development-oriented administration, which aims to improve people's quality of
life. It denotes high organizational effectiveness. It is also related to the
capacity of the political power center and administrative system to deal with
society's new challenges It refers to the acceptance of new values. It is a
term used with governance to establish greater efficiency, legitimacy, and
credibility of the system[15].
great adaptability.[16]
There are numerous characteristics of good governance. It is participative,
goal-oriented, and accountable. responsiveness, transparency, effectiveness,
and inclusiveness that adheres to the rule of law.
It ensures that corruption is
minimized, minorities' perspectives are valued, and the voices of society's
most vulnerable are heard in decision-making. It is also open to society's
current and future needs.
CIVIL
SOCIETY IN INDIA
civil
society indicates a space where individuals can recognize their own identity,
grow as individuals, and discover the importance of working together for the
common good. Democratic society establishes a strong foundation for citizenship
by preparing the populace to engage in governmental operations. Although
contractualist philosopher[17]
Thomas Hobbes said that "civil society is the space where a person can live freely
without interfering with the sovereign power”.
According
to John Lock, “it is a place where
people get together to create a government that will guard them from the
dangers of nature”.
According
to Hegel, “democratic society is an
autonomous group that serves as a bridge between both the government and the
individual.
The
principles of civil society emphasize political engagement and state responsibility.
It offers the required foundation for involvement in established political
institutions. Associational organizations make up civil society institutions.
It supports diversity and opposes authoritarianism. When the state transforms
into a totalitarian political institution, civil society must oppose its power. India
is a developed nation with a rich cultural history. Western values penetrated
this society with the arrival of the Britons. Modernity and ancient values that
date back centuries were at odds with one another. Some people naively adopted
western modernity, whereas folkies such Dayananda
and Vivekananda in the present era.[18]
The political community is
politically socialized by civil society, which is one of its major functions.
Socialization is the process through which people in a society get familiar
with the political system, from their fundamental right which in large part
shapes how they view politics and how they respond to political events.
The
political community is politically socialized as one of civil society's key
roles; this is known as political socialization. Political socialization
can be characterized as the process through which members of a society get
familiar with the system of government and which, in large part, shapes their
conceptions of political and their responses to political events.
It
has been said on numerous occasions that good governance is the primary goal of
public administration. Although the term may seem deceptive, eminent public
administrators are aware of its true meaning. Accountability, openness,
predictability, and engagement are just a few of the meanings associated with
the term "governance." Citizens' rights to involvement and
responsibility are crucial in this situation[19]. Civil
societies in both emerging and rich nations provide these essential social
services. It has been observed that many civil societies are active during
natural disasters like destructive storms, earthquakes or cyclones, droughts,
etc. A civil society supports the poor and impoverished in any manner it can.
Ethnic and religious conflicts break out between distinct parts or groups in
many states.
HISTORICAL
BACKGROUND OF RTI
The
Right to Information Act is consistent with Article 19 of the Indian
Constitution, which gives citizens of India the freedom to exercise their basic
rights to speech, expression, and — as frequently defined by the Supreme Court
— "the irrevocable Right to acquire and impart Information." The
Legislation in India is currently going through a critical stage, but much more
work must be done to support its expansion and advancement.
In 1996, the NCPRI, or National Campaign for
People's Right to Information, was established. Social activists,
reporters, attorneys, businesspeople, former public officers, and academics
were among its initial members. One of its main goals was to advocate for a
national law that would make it easier to exercise the right to information.
Since the law's enactment, the campaign has worked to ensure that the Act is
implemented correctly and that individuals may exercise their right to
information.[20] An original Right to
Information (RTI) bill draught was created by the NCPRI and the Press Council
of India. After lengthy deliberations, this draught was submitted to the Indian
government in 1996. In 2002, the government finally presented the Freedom of
Information Act Bill to the legislature. The bill originally written by the
NCPRI and others in 1996 was significantly watered down in this form. The NCPRI
was also supporting the initiatives of state governments like Rajasthan, Delhi,
and Karnataka while advocating for state RTI[21].
The National Advisory Council received a list of proposed changes to the Act of
Freedom of Information 2002 from the NCPRI in August 2004. Based on in-depth
conversations with civil society organizations operating on accountability and
other related issues, these amendments, intended to strengthen and make the
2002 Act more effective, were made in response to the UPA government's
commitment that the "Right to Information will be made extra progressive,
participatory, and meaningful" in their Prevalent Minimum Programmed[22].
The
NCPRI's recommendation only applied to the Ministry Of home affairs and not to
the entire nation. The government had to examine the modifications as a result
of the outcry from civil society. The Bill was referred to a Group of Ministers
and a Central Committee of the Parliament. The standing committee called on
various NCPRI members to testify in front of it before endorsing the NCPRI's
stance on the majority of issues. The bill was approved during the following
session of Parliament after the government proposed more than one hundred
revisions to take into account the suggestions made by the Parliamentary
Committee and the Group of Ministers. Most importantly, the Bill's authority
was expanded to include the all of India. then, the RTI Act was implemented.
Then RTI act is applicable all over the India from 2005 by giving all the
citizen to Right to Information, freedom of speech, freedom of getting
information from the government about anything.
The
Universal Declaration of Human Rights, adopted by the UN in 1948[23], sparked a global movement
for open governance. A rights of access to information that the government and
its organizations has been established by legislation in many democracies. The
Freedom of Information Request was passed in the USA in 1966 and was
significantly revised in 1974, 1976, and 1983. The Freedom of Information Act
was passed in Canada in 1982. Similar legislation was also enacted in 1982 and
1983 in Australia and New Zealand. The 1950-adopted Indian Constitution's
Preamble, which incorporates Article
19(1)(a) in accordance with the spirit of the Universal Declaration of 1948
and its Article 19, gives citizens precisely the same protections, including
the right to freedom.[24]
CONSTITUALIATY
OF RTI IN INDIA
Many
of the current, enduring articles, sections, and sub-parts of the Indian
Constitution that deal with fairness and fair treatment of citizens serve as inspiration
for RTI. The Indian Constitution's Preamble also makes a number of assertions
or promises, some of which are references to the right to information.
our Constitution guarantees that Indians will have the freedom of
opinion, expression, belief, faith, and worship. Our Constitution's guarantee
of this right implicitly supports it as well.
Article 19(1)(a):
"This section protects the fundamental liberty of expression, which
includes the freedom to obtain information, as well as the right to free
speech. The need for knowledge and information is a prerequisite for exercising
this privilege. As a result, the right to free expression also protects the
ability to acquire and gather information, making the rights to information a
constitutional right.
Case: S.P GUPTA VS. UNION OF INDIA (1982)[25] it
was held in this case that The right to liberty of speech and expression, which
is protected by Article 19(1)(a) of the Indian Constitution, is implicit in the
right to knowledge, which is the direct result of government. Therefore,
transparency in government operations must be the norm and secrecy must be the
exception, with justification given only in cases where the strictest standards
of the public interest call for it.
Article 21: The right to life and
personal liberty which includes the right to know concerning
matters that influence our lives is discussed in this article. The phrase
"life and personal liberty" is a broad one that encompasses a wide
range of rights and qualities. In essence, this article grants everyone the
right to know, which includes the right to information, within the context of
RTI.
Case: Protection for the
guilty and accused in Sunil Batra v.
Delhi Administration[26].
Because using deadly cuffs on a person who has been convicted would be cruel to
the prisoners and a breach of Article 21, the Supreme Court ruled that this
practice is unlawful.
Article 32 and article 226: In
the event that a citizen's fundamental rights are violated, Article 32
"guarantees a right to constitutional remedies." Under Article 51 A
of the constitution, citizens are also required to perform certain obligations.
A properly intelligent individual is better suited to carry out these
obligations. RTI is not directly listed in the Constitution's Seventh Schedule
and is not included in any of the three subject categories.
Case: "A government
that runs covertly not only acts against the democratic decorum, but buried
itself in its own grave," Justice V. Krishna Iyar stated in Makena Gandhi v. Union of India.[27] A democratic system
requires that the people directly participate in the democratic process. If the
public are not well-informed about all sides of the subjects they are asked to
voice their opinions on, their involvement is pointless.
NEED
OF RTI TO STRENGTHEN THE SOCIETY
According
to the vice president, the purpose of the legislation was to give citizens more
power to encourage accountability and transparency in the operations of all
public authorities, close the information gap between information providers and
information consumers, improve the effectiveness of public authority
administration, combat corruption, and advance good governance.
The
Vice President stated that the fundamental principles of the Act have really
been put into practice, institutional procedures are in place, and citizens are
using these elements as a tool to increase accountability and transparency at
all levels of the government. He added that although the media and civil
society organizations might serve as pressure points, the administration and
information commissions must carry out the majority of corrective measures.[28]
The
RTI Act operates differently from other statutes. Most other laws are carried
out by the government, and citizens are typically expected to abide by them. On
the contrary, the RTI Act. In this case, the individual is the executor, and
the government must comply with the citizen's request. Consequently, it flips
the responsibilities of the people and the government. The administrators need
to become accustomed to this new scenario.[29]
RTI
is not just a prototype for special education classrooms; it is also becoming
more and more a model for early prevention and identification that aids school
districts across the country in expanding the types of interventions that can
be used in general education and making sure that the curriculum actually meets
this same needs of all students. According to the RTI Act, public agencies must
disclose the specifics of the Public Information Officers facilities available
to citizens. In accordance with Section 7 of the Act, either the information on
payment of any fees must be provided within 30 days of the request's receipt,
or the request must be dismissed and the reasons must be stated. If the
requested information relates to someone's life or freedom, it must be given
within 48 hours. There is a 30-day window for filing an appeal. The Publically
Available Officer may be subject to a fine from the Information Commission of
Rs 250 for each day that the information is withheld.
CASE
LAWS
CENTRAL PUBLIC INFORMATION OFFICER,
SUPREME COURT OF INDIA VS. SUBHASH CHADRA AGRAWAL[30] it
was held in the Case that
By
ordering the Central Public Information Officer, Supreme Court to provide
information on collegium decision-making, personal assets of judges, and
correspondence with CJI, the Apex Court dismissed the appeal and affirmed the
Delhi High Court's ruling. Concerning the widespread distribution of the
aforementioned material, no general decision was made.
Also
held that RTI applied to the CJI office.
S.P GUPTA VS. UNION OF INDIA (1982)[31]
The
right to know, which is implied in the freedom of speech and communication
protected by Article 19(1)(a) of the Indian Constitution, is the immediate
antecedent of the idea of an open government. Therefore, transparency in
government operations must be the norm and secrecy must be the exception, with
justification given only in cases where the strictest standards of the public
interest call for it.
Regarding
the argument based on Article 74(2), the Court determined that while the advice
from the Council of Ministers to the President would be shielded from judicial
review in this case, the correspondence between both the Law Minister, the
Chief Justice of Delhi, and the Chief Justice of India wasn't really shielded
simply because it was mentioned in the advice.
INDIAN EXPRESS
NEWSPAPER VS. UNION OF INDIA (1985)[32]
The Supreme
Court of India stated that because newspaper publication could be considered an
industry in general and was therefore subject to the same taxes as other
industries, the government was in fact authorized to levy taxes affecting
newspaper publication. Additionally, it acknowledged that the division into
small, form of media, and large businesses based on economic factors had a
rational connection to the goal of income tax and could not be viewed as
arbitrary. The restriction on freedom of expression, however, must be
reasonable in which the power of taxation interferes with it under Article
19(1)(a).
According
to Article 19(2) of the Indian Constitution, "public interest" is a
justification that may be used to impose reasonable restrictions on freedom of
expression.
CONCLUSION
Citizens of the nation have the power
to use their right to information to learn about the duties performed by public
authorities, the reason behind alleged public transactions carried out in the
name of the public good, and the funding source for carrying out such duties.
Because it is regarded as one of the fundamental human rights covered by
Article 19(1), the right to information existed prior to the passage of the
Right to Information Act, 2005. (a). This right encourages accountability and
transparency in how public officials carry out their duties. Although India
views the right to information as a development, it has a number of flaws that
need to be addressed.
[1] Shalini Singh, “Right to information: A Case
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Research, Vol. 1, No. 2, 2010, p.1
Studies”, Vol. 3 Issue 2, 2016, p. 362.
[3]
Jaytilak Guha Roy, “Transparency and Right to Information Governance
Perspective”, Bihar Journal of
Public Administration, Vol. 10, No. 1, 2013, p. 36.
[4]
Anjali Kaushik, “e-Governance and Freedom of Information Act: The Indian
Experience”, In Mila Gasco
(ed.), Proceeding of the 12th European Conference on
e-Government, Academic Conference Limited, UK,
2012, p. 362
[5]
Anshu Jain, “Good Governance and Right to Information: A Perspective”, Journal
of the Indian Law
Review, Vol. 54, No. 4, October-December 2012, pp.
512, 513.
[6]
Kuldeep Singh, Mohit Verma, E-Governance and Right to Information, in R.K.
Gupta et. al. (eds), “Right to
Information Act 2005: Implementations and Challenges”,
Deep and Deep Publication, New Delhi, 2009, p.
353.
[7] AIR
1982 SC 149
[9] AIR
2002 SC 2112.
[10] AIR
1988 Raj 2
[11] First Report of Second Administrative Reform
Commission on Right to Information: Master key to Good
Governance, Government of India, 2006, p. 4.
[12] Sairram
Bhat, Natural Resources Conservation Law, Sage Publication Ltd., New Delhi,
2010, pp. 425, 426
[13] First Report of Second Administrative Reform
Commission on Right to Information: Master key to Good
Governance, Government of India, 2006, p. 4
[14]
Yasir Hussain, Corruption Free India: Fight to Finish, Epitome book’s Publication,
New Delhi, 2012, pp. 184,
185
[15] Meetika Srivastava , “Good Governance -
Concept, Meaning and Features: A Detailed Study” in Journal for Law Students
and Researchers Vol. IV issue II (Dec. 26),(2009).
[16] Swati Kedia, in “RTI act and constitution of
India” “International Journal of law student and Researchers”, Vol. 2, Issue 3,
2016, p. 158-162
[17]
Nitisa “Civil Society in India and Its Role” in “your article library” (Nov.
28) (2020)
[18]
MN Mishra, Lisa S Parker, VL Nimgaonkar, “Privacy and the Right to Information
Act, 2005” in “Indian Journal of Medical ethics” Vol V no 4, October-December
2008
[19]
Jeevan Singh Rajak, “ Right to information act: A vital tool to fight against
Corruption in India” in “International Journal of Political science and
Development” Vol 2(5) pp 68-77 May 2014
[20]
Dr. Shri Ram Patel, “Critical study of Right to information act, 2005” in
“International journal of law mangement and Humanities” VOL 5 ISS 3 May 2018.
[21] Shalini Singh, “Right to information: A Case
Study of India”, International Journal of Scientific & Engineering
Research, Vol. 1, No. 2, 2010
[22]
Dalal Ranbir Singh, “Attempt Towards good governance Through Democratic
Decentralization and Rti Act, 2005: An Evaluation Vol. 27 ISS 1, 2010
[23]
Richa Goel “ an analysis of Right to information” in ipleader (2019)
[24]
Dalal Ranbir Singh, “ Attempt towards Good Governance through Democratic
Decentralization and RTI Act, 2005: an Evaluation” in “ Indian journals.com”
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[25]
AIR 1982 SC 149
[26]AIR
1980 SC 1579,
[27]
1978 AIR SC 597
[28]
Thomas I. Emerson, “ Right To Privacy and Freedom of press” in “Harvard civil
–Rights and civil liberties laws Reviews” Vol. 14 No. 2 pp 1-8 1979
[29]
Dr. Shri Ram Patel, “Critical study of Right to information act, 2005” in
“International journal of law management and Humanities” VOL 5 ISS 3 May 2018
[30]
2019 SCC Online SC 1459, 2019 (16)
[31]
AIR 1982 SC 149, 1981Supp(1) SCC 87, 1982 2 SCR 365
[32]
1986 AIR 515, 1985 SCR (2) 287