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TRANSPARENCY AND ACCOUNTABILITY: THE IMPACT OF RTI ON GOVERNANCE
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TRANSPARENCY
AND ACCOUNTABILITY: THE IMPACT OF RTI ON GOVERNANCE
Authored By - Prachi Jaiswal
INTRODUCTION
The culture of official secrecy has
been one of the strongest living aspects of our colonial legacy. Representing
that culture the Official Secrets Act restricted the dissemination of most
information held by public bodies[1].The Right to Information Act ushers
in a change, since with the passage of this Act “to provide information” tends
to be a rule and “to maintain secrecy” is an exception[2]. It is a historic Act in the annals
of democracy in India and it came into force on 12 October, 2005.[3]
In contemporary democracies, citizens are
entitled to information about the activities of the government that they
elected as well as information about the welfare-oriented policies that the
government has developed. The presence of knowledgeable and educated
individuals is a crucial component of a robust democratic structure.
Information gives individuals power because it broadens their awareness,
improves the clarity of their thoughts, and empowers them. As a result, the
right to information is acknowledged across a democracy and is a right that
derives from the idea of democracy itself. Every citizen must have the right to
access information in order to promote transparency, accountability, and
openness[4]. The Preamble to the RTI Act states,
“An Act to provide for setting out the practical regime of right to information
for citizens to secure access to information under the control of public
authorities, to promote transparency and accountability in the working of every
public authority.”
This act has been one of the most important
developments in our democracy, and it has contributed to greater transparency
while also boosting public participation, both of which were encouraged by the
Supreme Court in the case of Dinesh Trivedi v. Union of India[5], 1997. The Supreme Court in a case
held that the “right to freedom of speech and expression” includes the “right
to receive and impart information”.[6] It is an essential element of the
freedom of speech and expression protected by Article 19 of our Constitution.
Due to certain governmental institutions refusal to give information required
by the act and their use of legal loopholes to avoid doing so, this crucial law
has lately come under fire. In order to make sure the legislation fulfil the
intended objective, its impact and flaws must be examined.
RESEARCH QUESTIONS
1. Why do we need the right to
information laws?
2. What are the constraints faced by
citizen in filling RTI applications?
3. What is the impact of RTI on economy
and government institutions?
IMPORTANCE OF RTI
The Right to Information Act's
primary goals are to strengthen citizen participation in the democratic process
and empower them, ensure transparency and accountability in government
operations, and combat corruption. According to Soli Sorabji “Lack of
transparency was one of the main causes of all pervading corruption and Right
to Information would lead to openness, accountability and integrity[7]”. In Maneka Gandhi v Union of India[8], Justice Krishna Iyer said, “a
government which functions in secrecy, not only acts against democratic
decency, but also buries itself with its own burial”. The RTI Act, when used
effectively, not only allaies the concerns of the general public but also
establishes the duties of the public authorities. It encourages a culture of
obligation and fosters an environment of responsibility and openness. Today's
government must be accountable, focused on the needs of the public, and
committed to empowering the underprivileged. People are more likely to engage
in government and contribute significantly to the development of a country if
they are satisfied and have trust in it. Growth is achievable in all realms—be
it social, economic, intellectual, moral, or administrative—with the active
engagement of individuals. It is necessary to have knowledge and information
since wild rumors about topics of public concerns are spread when there is a
shortage of reliable information.
Earlier when there was no such law
for getting information from public authority as a right, then people used to
rely on two sources- investigative journalism and whistleblowing against
illegal and corrupt practices of the public authorities within the government[9].It made it harder for anyone to find
any illegal activities because it increased the danger for such upright people.
This danger has significantly decreased since the RTI Act was passed since it
gives any person the ability to contact public authorities and make the
requests that are outlined in the Act. The Act also “exempts granting
information where it would disproportionately divert the resources of the
public authority or would be detrimental to the safety and preservation of the
record[10]”. Every citizen and organization
inside a nation has a stake in the regime of right to information. The RTI Act
was passed with the intention of creating an operational mechanism for citizens
to access information held by public authorities. The Act's scope of
application is quite broad, including every aspect of government. It covers all
governmental bodies and institution that receive substantial financial grants
in addition to the Union, State, and Local Governments. There can be no
government by the people if they are ignorant of the issues to be resolved, the
argument for and against different solutions and the facts underlying those arguments[11]. Governmental tax revenue is a
matter of public ownership. They are entitled to information about how their
government operates and how their money is being used. Public participation
should be encouraged in all aspects of the government work. It is important to
make the truth known to the citizens.
CHALLENGES RELATED TO RTI ACT
There are numerous confusing clauses
in RTI, several organizations have argued they are not required to share
information under RTI. The major ambiguous provision of defining public
authority, although under RTI public authorities are those which are
established by Act of parliament or legislature or those institutions which are
financially aided by state or union Government[12].
The primary problem is with India's
private universities. The majority of private institutions assert that they do
not provide information about their operations since the state does not
financially support them. The unexpected fact is that 80% of private
institutions do not have an RTI cell or have not yet hired their first
information officer. Due to the fact that all private universities were founded
by the passage of a state or legislative Act, they all come under the
definition of “public authorities” under RTI. Although, the university grants commission
has instructed all private universities to develop and disseminate information
most private colleges lack a public information officer. The second major
challenge to RTI relates to biases caused by the First Appellate officer
because the first appellate officer rejects the appeal against the public
information officer in 60% of cases due to departmentally favour[13].. In many situations quick
information may be required but under the RTI Act information cannot be
disseminated prior to the 30-day deadline which is a significant problem and
obstacle.
In accordance with Section 26 of the
RTI Act, the federal government is required to create and disseminate user
manuals for information seekers within 18 months after the Act's adoption.
However, this requirement has not been met. Many individuals called attention
to the fact that many departments had not published the same. The most common
method of application submission is through the PIO's office, thus it is
essential to have suitable signage that includes the office's address and hours
of operation. However, a significant portion of respondents claimed that there
are no signboards present, while a small proportion claimed that there are
signs there but they provide inadequate information. One explanation for the
repeated trips to the PIO office to submit an RTI application might be the
absence of sufficient signs and information about the PIO's availability.
THE IMPACT OF RTI
RTI has compelled the government to
provide all of the details of its operations and expenses. Due to the public
bodies' inability to maintain an opaque perspective, the RTI had exposed some
of the biggest frauds.
The 2G scam is one of the largest
frauds the nation has ever experienced. A number of telecom firms were
allegedly abusing their strong connections to ministers and government figures
to get favorable terms and gain advantages. The scandal had a value of close to
1.76 lakh crore rupees, according to the Indian CAG[14]. The main catalyst for this scam's
revelation was yet another RTI submitted by activist Subhash Chandra Agrawal in
2011. In the year 2010 Commonwealth Games scam came into limelight. Suresh
Kalmadi, the then-chairman of the organizing committee, hired businesses who
overestimated their costs while excluding those that did so for unclear
reasons. This fraud caused the nation not only severe financial losses but also
worldwide shame and disgrace. The Commonwealth Games were also given money that
was intended for Dalit welfare programs. This information was revealed by an RTI filed by an NPO- Housing and
Land Rights Network[15] RTI is the instrument that demonstrated to the public how the so-called
guardians of the law violate the same legislation and take use of it. The most
significant influence was played by activism, which also exposed the tactics
used in similar scandals. The RTI played a major role in exposing the
"corrupt network of politicians, bureaucrats, and military officials"
that was exploiting the resources for personal benefits[16].
This Act not only revealed massive
frauds that had shaken the nation's economy, but it also had a big influence on
governmental institutions and other public-interest government projects. The
foundation of the Indian financial system is the RBI. It oversees and supervises
banks across the nation and makes sure they don't engage in unethical behavior.
The Supreme Court had directed the RBI in the case of Reserve Bank of India v.
Jayantilal Mistry, to be transparent and not withhold information that might
damage the image of certain individual banks[17]. The RBI was given instructions in
this instance to be open and not conceal information that would harm the
reputation of certain specific banks. The Indian banks sought to stop the RBI
from making public the yearly inspection reports and default lists. They
submitted a review petition, which the Supreme Court denied, arguing that the
RBI was required by the RTI Act to divulge such information. In one of the
RTIs, the bank disclosed that in the year 2018, there were around 23,000 fraud
instances with a total estimated value of close to 1 lakh crore[18]. An motion to overturn the Supreme
Court's 2015 ruling, which ordered the RBI to make its yearly inspection
reports and a list of loan defaulters available to the public under the RTI Act
was submitted. The Supreme Court, however, turned down this request for a
reconsideration of the decision made in the Jayantilal Case. In this way, the
court ensured that the banking institutions must be accountable to the citizens
so as not to mislead them and keep their faith in the system[19].
The retirees frequently had hardships
due to delays in their pension payments, which made it difficult for them to
maintain their standard of living. However, since the RTI act has been
implemented, people may now ask the authorities to provide an explanation for
the delay. The government is now held to a higher standard of accountability,
making it more difficult for them to withhold payments without good cause. The
Central Information Commission made a ruling in 2018 that stated: “The payment
of pension cannot be withheld for absence of an Aadhaar Card.” To support its
stance, it cited the Supreme Court's ruling in the case of K.S. Puttaswamy v.
Union of India[20]. It was decided by the courts in
this case that, “production of an Aadhaar card will not be the condition for
obtaining any benefits otherwise due to a citizen.” This case is significant
because the CIC utilized it to reverse the judgment in favor of the pensioners
when they submitted an RTI to explain why their pension was delayed. It said,
“It is a matter of life and living of 55 pensioners who were dependent upon the
paltry amount of pension. Though it is a small amount even a day's delay in
payment might disturb the routine life of all or some of them. That is why the
information relating to payment pension to retired persons should be considered
and categorized as the information concerning the life and should have been
responded to within 48 hours”[21]. Such actions restore the hope of
afflicted individuals in the system and provide them the rights they are
entitled to. Therefore, the RTI has a tremendous influence on governmental
institutions. It has made it easier for people to challenge the government and
defend their rights by removing the contradictions in how they operate.
CONCLUSION
Justice Bhagwati once said,
“disclosure of information concerning the functioning of the government must be
the rule while secrecy, an exception”[22]. In granting individuals access to
information that had previously been withheld from them, this legislation has
been revolutionary. Additionally, the procedure has been simplified with the
use of electronic applications, which has increased the number of submissions.
By exposing fraud and other economic malpractices used in governmental
organizations, the act has contributed to social justice for countless
individuals while also having a good economic impact. Additionally, it has
improved the financial industry's accountability, which is important for the
country's economic wellbeing. Nevertheless, despite all of its advantages, the
legislation still has certain drawbacks. The courts should make sure that
"public authorities" who try to circumvent the law face harsh
penalties. The legislation should be should be broadened to encompass more
institutions. This is significant because the government's privatization agenda
may lead to the privatization of several public institutions, which would have
a detrimental effect on the RTI Act. To maintain the act's effectiveness, there
is a stringent requirement for reform as well as a permissive approach to its
execution.
No matter how progressive or people
oriented a law is it all boils down to appropriate execution of a law to make
it worthwhile. The public's ability to utilize their rights to the fullest
degree depends entirely on their knowledge of such rights and their scope. With
information in the hands of the people, the government will be working in open
light with the awareness that they are accountable for all their actions to the
citizens they govern[23].
BIBLIOGRAPHY
JOURNAL ARTICLES
1. Suraj Agarwal & Aradhya Kumari,
'Economic Impact of Right to Information Act, 2005' (2021) 1 Jus Corpus LJ 228
2. Raja Muzaffar Bhat, 'SC's refusal to
recall its 2015 judgment against RBI will make banks accountable under RTI'
3. Shriram Patel, "Critical Study
of Right to Information Act 2005," International Journal of Law Management
& Humanities 5 (2022): 2157-2159
4. THE RIGHT TO INFORMATION ACT IN
INDIA: ITS CONNOTATIONS AND IMPLEMENTATION Author(s): Varsha Khanwalker
5. Twinkle Shaji, 'A Revolutionary Move:
The Right to Information Act, 2005' (2021) 4 Int'l JL Mgmt & Human 2861
6. THE RIGHT TO INFORMATION ACT IN
INDIA: ITS CONNOTATIONS AND IMPLEMENTATION Author(s): Varsha Khanwalker
7. Amar
Kumar Roy, "Right to Information Act, 2005: A Response to Privileged Class
Deviance," International Journal of Law Management & Humanities 5
(2022)
8. Varsha Khanwalker, THE RIGHT TO
INFORMATION ACT IN INDIA: ITS CONNOTATIONS AND IMPLEMENTATION, Indian Political
Science Association
CASES
1.
K.S. Puttaswamy and Anr. vs. Union of India
((2017) 10 SCC 1)
2.
Maneka Gandhi v. Union of India, AIR 1978 SC 597
WEBSITES
1. https://www.latestlaws.com/articles/impact-of-rti-on-corruption-in-india-a-critical-analysis (last visited on 24 March,2023 at
22:10)
[1] The Handbook for Trainers, The
Right to Information Act, www.rti.org.in (last visited on 23 March, 2023)
[2] Varsha Khanwalker ,The Right To
Information Act In India: Its Connotations And Implementation, Indian Political
Science Association
[3]
Id.,
[4] Id.,
[5] Dinesh Trivedi v Union of India
(1997) 4 SCC 306
[6] Nancy Roberts and Alasdair
Roberts, ‘A Great and Revolutionary Law? The First Four Years of India's Right
to Information Act’, Public Administration Review (2010)
[7] Varsha Khanwalker ,The Right To
Information Act In India: Its Connotations And Implementation
[8] Maneka Gandhi v. Union of India,
AIR 1978 SC 597
[9] Amar Kumar Roy, "Right to
Information Act, 2005: A Response to Privileged Class Deviance,"
International Journal of Law Management & Humanities 5 (2022)
[10] Section 7 of RTI Act, 2005
[11] M.M. Semwal and Sunil Khosla,
RIGHT TO INFORMATION AND THE JUDICIARY, Public Administration Review (2010)
[12] Shriram Patel, "Critical
Study of Right to Information Act 2005”, International Journal of Law
Management & Humanities 5 (2022)
[13]
Id.,
[14] Suraj Agarwal & Aradhya
Kumari, Economic Impact of Right to Information Act, 2005 1 Jus Corpus LJ 228
(2021)
[15] https://www.latestlaws.com/articles/impact-of-rti-on-corruption-in-india-a-critical-analysis (last visited on 24 March,2023 at
22:10)
[16] Id.,
[17] Suraj Agarwal & Aradhya
Kumari, 'Economic Impact of Right to Information Act, 2005' (2021) 1 Jus Corpus
LJ 228
[18] Id.,
[19] Raja Muzaffar Bhat, 'SC's refusal
to recall its 2015 judgment against RBI will make banks accountable under RTI'
( 2021)
[21] Supra note 16
[22] Twinkle Shaji, 'A Revolutionary
Move: The Right to Information Act, 2005' (2021) 4 Int'l JL Mgmt & Human
2861
Article Information
TRANSPARENCY AND ACCOUNTABILITY: THE IMPACT OF RTI ON GOVERNANCE
Authors: Prachi Jaiswal
- 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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