Open Access Research Article
RIGTH TO INFORMATION ACT BY: KAVASKAR. K
Published Paper
Article Details
RIGTH TO INFORMATION ACT
AUTHORED BY: KAVASKAR. K
MOBILE NO: 9600636208
EMAIL ID: kavassdk007@gmail.com
YEAR AND DEPARTMENT: 3rd
year BA LLB(HONS)
INSTITUTION: Tamil Nadu Dr Ambedkar
Law Uiversity
ABSTRACT:
The Right
to Information Act of 2005 is one of India's most well-liked, revolutionary,
and ambitious pieces of legislation. The Right to Information Act was passed by
the United Progressive Alliance-1 (UPA) government in 2005 (during the 14th
Loka Sabha), which was led by Prime Minister Dr. M. Manmohan Singh. Indian
citizens are more equipped to combat administrative corruption and
erratic/ineffective administration thanks to the Right to Information Act. By
passing this law, the government and administrative activities, plans, and
procedures are made public to the general public. In a democracy of the people,
the government should be responsible and answerable to the people. As a result,
the government makes information about documents, files, and sample materials
available to people upon request. Information Right is also a component of the
Supreme Court's ruling in Raj Narayan v. Uttar Pradesh Government. Article
19(1)(a) of Part 3 of the Indian Constitution includes the right to information
as one of the fundamental and constitutional rights. The Right to Information
Act ushers in a new phase in the political history of the Indian Democratic
Republic.A historic Right to Information Act was passed in India in 2005 as a result
of a national effort organised by grass-roots and civil society organisations.
Since then, the Act has been successfully used by social activists, civil
society organisations, and regular people to combat corruption and promote
greater transparency and accountability in government. The Right to Information
Act repealed the Official Secrets Act of 1923, the Freedom of Information Act
of 2002, and numerous other legislation enacted by the union legislature during
the British Raj. A section of the Right to Information Act allows for the
appointment of Public Information Officer (PIO) and Assistant Public
Information Officer (APIO) in every public authority, private aided and unaided
private educational institutions. PIO and APIO is answerable to the public
request related to information within time limit of 30 days. In case the PIO
and APIO fail to provide the information to applicant, respective PIO is held
responsible to pay penalty of Rs. 250 per day to up to rupees Twenty five
Thousand.
AIMS AND OBJECTIVES OF THE STUDY:
The study
concentrates on whether the implementation of RTI Act in Administration and
Government machinery, especially Aided degree colleges and Government degree
colleges in the Collegiate Education Department and District and Taluk
administration under the Revenue Departments. The Revenue Department (RD) is
mass citizen grievances centric and larger number of services providing agency
in Karnataka. Deputy Commissioner of the District and Tahasildar of The Taluk is
discharging agency of the| 4 RD services. The Department of Collegiate
Education (DCE) is a specialized division. Little percentage of the youths
connected with higher education (College Education) in this Department. The
study gives priority to comparative study and analysis of RTI implementation in
different nature and work oriented. The comparative study gives us the
informative how the RTI is functioning effectively in colleges and how it is
helpful to students. Its objectives are-
•
To study the effective implementation of RTI with
public participation in the Department of Collegiate Education and revenue
Department.
•
To find out the new methods for effective
implementation and enforcement of RTI Act in administration. • To understand
the living conditions after the RTI implementation, working process and
problems in private aided colleges.
•
Comparative study of private aided colleges and
government colleges under DCE and Deputy Commissioner Office, Taluk Tahasildar
office in RD with regard to implementation of RTI.
•
To find out the best practices of RTI and study the
changing role of PIO’s in Revenue department and colleges with respective
regular work.
•
To find out the new routes to RTI process for smooth
running with Utilization of Science and Information Technology to effective
working of RTI. Significance of the Study The Department of Revenue is a
civic service related department in Karnataka state and most of the Government
services are delivering through different agencies.
Revenue
administration service delivery determines the quality and efficiency of the
Government. In recent survey discloses, the department of revenue received the
highest number of RTI applications and also second appeals registered in
Karnataka Information Commission. This study tries to deal what are the
problems in RTI implementation and suggest how to encounter the troubles with
empowering of PIO’s. Department of Collegiate Education (DCE) is a sub branch
of under Higher Education in Government of Karnataka. The DCE is monitoring the
undergraduate colleges. 411 Government First Grade Colleges and 354 Private
Aided First Grade colleges are working under the department. The study tries to
assess the institutional response to RTI applications and what is the role of
PIO’s and findout the problems and also suggest remedies to over come. Scope and
Limitations of the study The study examines institutional aspects of RTI
application process and disposes by PIO’s in the Department of Revenue and
Collegiate education. The study covers Deputy Commissioner, Assistant
Commissioner and Tahasildar of Revenue Department and this study will be
conducted by taking survey on RTI matter related in 411 government colleges.
The whole study is limited to the RTI act and its working process and effects
on Administration.
HYPOTHESES:
•
Most ambitious RTI Act is suffering from PIO’s
mismanagement and negligence. The training is Empower to PIO’s is fulfilling
the lack of knowledge.
•
Few people misguided and misuses the RTI Act. The act
has both positive and negative impact on administration. Negative attitude
create lack of confidence to public.
•
Information must be available to the public through
oral communication with PIO’s in particular issues. The telephonic information
system reduces more than 40% of simple information based applications.
•
Monitoring body of RTI Information Commission is
failed to lead friendly to both public and public authority.
•
RTI is not working properly in Private aided and
unaided educational institutions, they are not considering it seriously.
THE RESEARCH METHODOLOGY:
The study focuses on the processing and
performance condition of RTI in both Collegiate Education and Revenue
Departments. Structured and semi structured Interview conducted with some
randomly selected PIO’s for the understanding the standing problems in RTI and
interact with eminent RTI activities is the part of research agenda. The
research program considers the experience from some RTI applicants and civil
society groups. A survey also conducted for getting the opinions from expert like
Information Commissioners and writers is
becoming the part of in this research in primary data. Major secondary sources
is depending on hard and soft copy of departmental annual reports of RTI and
KIC annual reports and different journals, Information Commissions judgments
and website data were taken into consideration for the analysis. The
methodology is a combination of a questionnaire based survey and qualitative
discussions. The study refers to the RTI inward and outward registers in public
offices, responses to applicant request and fee related issues and also
appeals. Interview and interact will be conducted with 4 different Deputy
Commissioners from 4 administrative divisions, 4 Tahasildars from each
divisions (Total 16 Tahasildar offices) in RD. In DCE 30 government college and
30 private aided college heads and PIO’s selecting on the basis of Random.
While the results of the questionnaire, survey reported in quantitative terms,
this analysis in indicative of the broad features. The results of the survey
were checked many times in Focus Group Discussions which form the basis of the
thesis’s insights. The data will be collected through the method of structured
questionnaire. Some information will be collected through informal and formal
discussion with the selected RTI applicant respondent in face-to-face situation
and through observation to assess their opinion and levels of awareness.
Monographs and published works of various writers, social workers and
individuals will be gathered on various issues dealt in the different three
reports.
INTRODUCTION:
The right
to information act 2005( RTI) is an act of congress of India “ to give for setting out a practical governance of right to information for
citizens. ” The Act applies to all
countries and union homes of
India except the state of Jammu and Kashmir. Jammu and Kashmir has its own act
called Jammu and Kashmir Right to information act 2009. Under the vittles of the act, any citizen may request
information from a “ public authority ”( a body of government or “
instrumentally of state ”) which is
needed to reply expeditiously or within 30 days. Information is an
inalienable and natural right of every human being. In a popular country each
person has the right to freedom of opinion and expression. This right includes
right of holding public opinion and to seek, admit and conduct information and ideas from the public
authorities. The available and applicable information helps citizen to live a staid life in a cultivated society. The Right to information
Act 2005 enables every citizen access to public information from government
records. before this access was available to citizens of only nine countries in the country but with the
administering of the Central Act on 12th October 2005, this right is now
available to every citizen. Freedom of information brings openness in the
administration which helps to promote
translucency in state affairs, keep government more responsible andultimately reduce corruption.4
Governance and good governance have come the theme and matter of discussion
and reflections. Government has played a
vital part in the life of man. The act
and process by which a government governs our people is called governance. The
need of good governance is widely accepted. It has honored that the state and its ministry should work for the weal of the peoples. Good Governance
constitutes the foundation of every
republic. Good Governance includes wide range of issues like profitable, political, executive and judicial as well.5 There's a
close link between right to information and good governance. Good governance is
characterized by translucency,
responsibility and responsiveness. Accordingly, the citizen ‘s right to
information is decreasingly being
honored as an important medium to promote openness, translucency and responsibility in government
administration. People are the sole part in a representative form of
government. The RTI Act has brewed a quiet social revolution and played a vital part in the governance of the country. RTI druggies and activists in virtually every niche and corner of the country are asking
questions on varied subjects. The Act has produced a better impact on the
quality of the life of the poor and marginalized. During the once five times, the Act has brought positive
changes in the governance. Information is now the sole of every government. The
need for translucency and effectiveness in the governance come more
important to achieve the thing of good
governance. Thomas Enderson in his commentary on the First correction to the US
constitution remarked that the society uses freedom of information and
expression to cover certain values,
which can be grouped into four broad orders.
The first of these is assuring individual
tone- fulfilment, the alternate set of values focuses on means of
attaining the verity, the third
addresses a system of securing the
participation of members in the society in social exploration on humanities and social
services.
ENACTMENT OF RIGHT TO INFORMATION :
India
always took pride in being the largest republic, but with the end of the Right to Information Act 2005, it
has also come an responsible,
interactive and participatory republic. This Act is applicable to the whole
nation except the state of Jammu and Kashmir. The United Progressive Alliance(
UPA) Government headed byDr. M Manamohan Singh got the blessing by the Parliament after speedy
and lengthy discussion.3 The earlier freedom
of information act 2002, has got the assent of the President of India, but
didn't notify and eventually replaced with the RTI act, it came in to force on
October 12, 2005 and on the same dayMr.Shahid Raza Burney filed the veritably first RTI operation in Pune Police station.4 The RTI
act successfully completed ten times in 2015. Fashionability of this act
and druggies of this law is fleetly
adding time by time. Concept of
Right to Information started taking shape in 1970’s by liberal interpretation
by the bar in colorful Fundamental
Rights especially the right to freedom of speech and expression. In the case of
Bennete Coleman and co versus Union of India in 1973, the maturity opinion of the Supreme Court also put it “ Freedom of speech and expression
includes within it compass the right of all citizens to read and be informed ”
In 1975 during National Emergency, Supreme Court of India mandate in a case judgement, Information
gathering is a right to every person. The 1981 court judgement in Manubhai Shah
versus Life Insurance Corporation of India( LIC) reaffirmed the point.
introductory purpose of freedom of speech and expression is that all members
should be suitable to form their beliefs
and communicate them freely to others. In sum the abecedarian principle
involved then's the people right to know. There have been multitudinous cases favouring discloser of
Government information and translucency.
As a result of a lack of clear legislation on this, people had to knock at the
doors of courts every time they wanted to
apply this right. Courts have
nearly and always responded
appreciatively. But this course at stylish confined enforcement to the apprehensive and the knowledgeable for their own limits enterprises. The common citizen had neither
the means nor the time and inclination to get into sophisticated legal process and indeed PIL
was a tool which could reach only many elite people. The movement for the
RTI entered a fresh motivation from the valorous and
important gross roots struggle of the
pastoral poor to combat rampant corruption in shortage relief works. This struggle was led
by Mazdoor Kisan Shakti Sangathan( MKSS). The reverberation of this struggle
led a civil demand for a law to guarantee the RTI to every citizen.5 For the
first time fifth central pay commission recommended to establish a law to
public information6, latterly on numerous social organisations started
movement to right to information. Action group for RTI, Soochnaka Addhikar
Abhiyan, Natinal campain for people right to information, Nyayabhoomi and numerous other people group/ Non Governmental
Organisation( NGO) and numerous activist
like Anna Hajare, Aravind Kejriwal, Manish Sisodia, Rakesh, BB Sharan and numerous other RTI activist seriously protested
for the due law to the people. Again
Supreme Court of India stated that in Raj Narayan v/ s Uttar Pradesh case, “
The RTI is a abecedarian right following from composition 19( 1)( a) of the
Constitution ”. Government of India establishes a public
position act come law under the freedom of information act in 2002. This
act was oppressively criticised for
permitting too numerous immunity, not
only under the standard grounds of
public security and sovereignty but also for requests that would involve
disproportionate diversion of the
coffers of a public authority there was no upper limit on the charges
that could be levied and no penalties. Some
countries like Tamil Nadu and Goa in 1997, Karnataka and Rajasthan in
2000, Delhi in 2001, Madya Pradesh in 2003, Jammu and Kashmir in 2004 and Haryana
in 2005 have successfully legislated the
RTI act.
FEATURES OF RIGHT TO INFORMATION AND
WORKING PROCESS:
The RTI process involves reactive to exposure of information by the authorities.
Information including mode of information in any form of record,
document,e-mail, leaflets, press release,
contract, sample of electronic data etc. The RTI Act also covers examination of work, documents, record and
its certified dupe and information in
form of diskettes, floppies,
videotapes, videotape, cassettes
in any electronic mode or stored information in computers etc. Each public and
partial public authority appoint Public Information officer( PIO) and Assistant
Public Information officer( APIO) to serve information to public. Any existent may submit a written request/ operation to the PIO for required
information. The PIO is responsible to
give the information on the
aspirant request with in time schedule. aspirants have submitted the operation withRs. 10 figure. But
operation figure is exempted to
the people of Bellow Poverty Line( BPL) SC and ST aspirants. There's no prescribed operation to file the RTI operation but signatured operation must includes aspirant name and address, needed information and name and position of
PIO. Suppose PIO is failed to dispose the RTI
operation within the quested time limit, the aspirant have the right to file first appeal
to first appellate authority in the same public authority. The first appellate
authority is responsible to give
information within 30 days under the 19( 1) of the RTI Act, but it's voluntary for the aspirant. The first appellate authority also
failed to give the required information
within time limit, aspirant have right
to file alternate appellate appeal to Information Commission against the PIO.
Information Commission is a quasi judicial authority under the act. The
commission conduct enquires as a civil court. The Commission have right to put penaltyRs.250.00 per day and over to not
banningRs.25000.00. The RTI act constitutes two
league Commissions to Centre and States.
IMPACT OF RIGHT TO INFORMATION ON ADMINISTRATION:
The Right
to Information is one of the friendliest legislation. Large number of people
has been served from it. But it's true
that further than a decade after
Indian16 Government legislated the act
in 2005, the road to penetrating
information remains laborious. This act
has made both palpable and impalpable impact on the system and the people.
People are using this act as a tool to get their passport, portion card,
pension, birth and death instrument and
income duty returns. Several people like
impaired, old and youthful people below
the poverty line have utilised this act to get benefits. The RTI act influence
on people and impact on Indian Administration in lesser translucency in
functioning of public authorities
exposure of information regarding government rules, regulations and opinions, every public authority is commanded to ‘ maintain all records properly
entered and listed in a manner
and the form which facilitates the right to information under the Act ’. The
public authorities are needed to
makepro-active exposures through
publication of applicable documents. either, the public authorities are also needed to ‘
give as important information to
the public at regular intervals through
colorful means of communication, including internet, so that the public
have minimal resort to the use of this
Act to gain information ’. Act grease
the access to information, a citizen has the right to examination of workshop, documents, records. Taking notes,
excerpts or certified clones of the
documents or records. Taking certified sample of material. carrying information
in electronic form is also available. The impact of RTI can veritably well be guided by the following. 17
enhancement in responsibility and performance of the Government The RTI
provides people with the medium to
pierce information. In addition, every public authority is needed to
give reasons for its executive or
quasijudicial opinions to the affected
persons. Until the perpetration of the
RTI Act, it wasn't possible to an ordinary persons to seek the details of a
decision making process, which was set
up most frequently, as ineffective in
terms of its outgrowth. It was, thus, not possible to hold a free and foursquare discussion on issues of common
concern of people. Promotion of
cooperation between citizens and the Government in decision timber process The RTI Act provides a frame for
creation of citizen government
cooperation in carrying out the programmes for weal of the people. The cooperation is deduced from the fact that people aren't only
the ultimate heirs of development and also the agents of development. The
stakeholder’s participation leads to better
systems and further dynamic
development. Under the RTI act citizen’s participation has been promoted
through access to information and involvement of affected groups in design
and perpetration of systems. commission of original government
bodies at vill position through the involvement and
cooperation with NGO and tone help
groups. Information attained under RTI,
in respect of application of finances
allocated under pastoral employment
guarantee scheme. utmost of all the
weal systems, particularly at
Village and Panchayat situations, are
being designed and developed in co-operation and support with the NGO or
affected persons, with a view to raising the satisfaction position of people. Reduces in corruption in
the Government departments In absence of
translucency and responsibility encourage the government officers to corruption practices. Which
affect in lower investments due to abuse of power and authority or diversion
of finances for private purpose. It
creates an terrain of mistrust between the people and the
government, which strike upon the development of popular governance. The RTI
promotes effectiveness in making programs, delivering the service and executive
opinions. It involves the selection of applicable programmes to achieve
Government objects. Service effectiveness is manifested in the effective
provision of services to the public, responsive to public opinion and so on.
therefore, the effectiveness in
Government must be measured in terms of all three angles of effectiveness. executive effectiveness, the most important of the
three, comprises of conducting the administration without gratuitous detainments or ulterior or loose motives and giving reasons while
passing colorful orders. It refers to
the effective operation of the political
system. It encompasses good association and effective productivity. Where needed or
inferred, principles of natural justice have to be observed.
RIGHT TO INFORMATION AND GOOD GOVERNANCE:
The right
to information act is a path making legislation which brings to light the secretiveness of administration. It's an
effective means to promote popular
testament. The act is important
instrument to fight against corruption. By realizing this significance the
Second Administrative Reform Commission had prepared a detailed design for revamping the public executive system. The alternate executive
Reform Commission, government of India has published its first report in ?
Right to Information Master key to good governance. 9 Good governance is
characterised by translucency and
responsibility and the stylish way to
insure translucency and
responsibility in governance is through increased and informed participation of
people. People are biggest stakeholder in governance; they've a critical
and pivotal part to play. So it's imperative that people
must have the right to know the conditioning of government.10 In the ensuing sections of the composition,
it's bandied how RTI act has empowered
the common people, promoted good governance, strengthened participatory
republic and reduces corruption. Promotes
translucency and good governance Right to information enables citizens
to see how governments, those in public
services are working.11 Public should openly come to know what's to
be happed and what has happed. translucency is the corner gravestone
of any good government. Public has right, to know about the programs and programmes of the government.
All communication of the government must be opened to the public.12 Access to
information is a great enabler of
translucency and translucency
refers to vacuity of information to general public and clarity about performing of government institutions. The
Right to Information act is intended to promote responsibility and translucency in government by making the
process of government decision making more open. Though some departments of the
Union government are exempted from this act but the information can be sought
if it's concerned with violation of
mortal rights. Indeed the information from the private authority can be
sought only through the controlling authority and controlling authority
will shoot the notice to the institution
concerned under section 11 of the act.13 It has been realized by utmost of the countries through experience
that lesser access of the citizens to information enhances the openness of
government to community requirements. In
turn, this facilitates immediate
retaliated of public grievances and
therefore improves feeling of goodwill towards the government.14
plutocrats and popular countries have a advanced degree of openness vis-a-vis
authoritarian administrations; nowhere in the world is government performing completely open.15 Promotes
Responsibility Responsibility is a
crucial demand of good
governance. Without Responsibility, the root of any development failure can not
be traced. Not only the government, the private sector institutions also
be responsible to the people.
Information is power and Right to information act brings responsibility
and translucency in the
administration.16 Responsibility involves the survival of a medium, which
ensures that both political and officers
are answerable for their conduct,
performances and use of publicresources.However, their power and authority are
finished, If they fail to maintain responsibility.17 RTI Act empowered the people
to seek definite and officers of
their workshop or lack of it. So,
responsibility always led to effectiveness and sense of responsibility among
government officers. 118 The RTI Act is
sufficiently strong in its present form to indeed attack the roots of
corruption. There will ever be
corruption at the lower situations as
long as its seeds are sown at the loftiest
position. The RTI Act can be used to expose these seeds of corruption
which in turn can control corruption at the lower situations.19 Participation Participation
envisages involvement of the entire society in governance. Both men and women
is the foundation of good governance.
Representative republic doesn't mean the rule of chosen many; it must take into
interest of all sections especially the most vulnerable sections in the
society.20 Without people’s participation, the Right to Information will remain
a non- starter.21 Participation has a wide range of delineations. On the one
side, some experimenters take participation to mean simply engaging with any
particular exertion( Bishop & Davis
2002; Paul 1987); on the other side, experimenters define participation as a
process through which people impact and
partake control over development
enterprise( Arnstein 1971; Shand & Arnberg 1996; World Bank 1996).22
Right to information act creates a connection between people and government.
Good governance requires that civil society has the occasion to
share during the expression of
development strategies and that directly affected communities and groups should
be suitable to share in the design and perpetration of programmes and systems. Indeed where systems have a secondary impact on
particular points or population groups,
there should be a discussion process
that takes their views into account.23 Citizens who understand public affairs
and what government is doing can state
their opinion on issues that affect their lives they can share in the Research on Humanities and
Social loreswww.iiste.org ISSN( Paper) 2224- 5766 ISSN( Online) 2225- 0484(
Online)Vol. 5,No. 5, 2015 187 business of government. Right to information installations citizens in making political
and profitable choices and therefore strengthens republic.24 RTI act
eased and encouraged the participation of common people on the process of
governance. Earlier people had the will, but didn't have the way to take part
in so- called sanctioned affairs. But
RTI act smooth the way for active participation of the common people in governance.25
Availability Right to Information makes it possible to easy access of
information from government departments, documents, records, services, finances
and programs to all sectors of
community. A common poor person interferes in the matter of government
regarding development. The Right to Information act by furnishing easy access of information reduces
the established long gap between citizens and administration and therefore helps in nation structure process. Every person becomes apprehensive about day to day conditioning of
the government.26 When citizens have access to information about service
delivery and other government functions, they know what they're entitled to and
they know how and where to demand their right to those services and other
benefits
CONCLUSION:
There can
not be any disagreement about the fact
that the RTI Act has brought a new revolution in the governance of the country
from a culture of secretiveness into a
culture ofopenness and translucency. It
makes an empowered populace, where administrationsare made responsible towards them. Although the RTI
Act was 6 times old only andstill has a long way to go to see its impact,
but nevertheless, during these ages,
itbecame popular amongst the people which can be seen from the increase of the
RTIapplication every time. Also, through the use of RTI, numerous
swindles in recent times havebeen
exhumed in the country like 2G diapason
fiddle. which has estimated loss ofrupees1.76 crore; Adarsh Housing
Society reproach, which led to the abdication offormer Chief Minister of
Maharashtra Ashok Chavan; and incipiently the Common wealth Games Fraud which
also runs intocrores. Satyanand Mishra, the Chief Information Commissioner, has
correctly said that ‘ The Right to Information has stoned the appetite of the people for further
similar rights. The rights to employment guarantee, education, public
service delivery, food security anda corruption free government are some of the
rights we've given to ourselves or are in the process of giving only because
the ground was prepared by the Right to Information (RTI) Act. It can justify
claim to be the mama of all similar
rights ’( Ibid,p. 1). therefore, right to information has brought new parcel of
life to the common people,
Article Information
RIGTH TO INFORMATION ACT BY: KAVASKAR. K
Authors: KAVASKAR. K
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/10/20
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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