right to information act and good governance

8/18/2019 Right to Information Act and Good Governance

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ABSTRACT

The actual Democracy ought to be found with the approach of informed citizens sufficiently

equipped to participate actively and uprightly in the administration of the country. If Transparency, accountability and people’s participation are the directions for preserving good

governance and operating the public establishment. The access to information is an important

machinery for the change of the society. Right to information act aids to accomplish the

same. part from assuring better accountability and transparency, it also acts as an obstacle

against the misuse of power. !o RTI ct undoubtedly strengthens the administration.

The ct played an important role in bringing public revolution in the country to achieve good

governance. It is the ma"or weapon to fight against the arbitrariness and corruption. Today in

India there is a high rate of corruption in all the stages. ccountability cannot be rigid if there

is no transparency. There should be minimal secrecy and ma#imum disclosure. The main

burden of Right to information act is to revise the culture of the confidentiality and

remoteness that has deeply engrossed India’s rigid and gloomy bureaucracy. The act gave

larger impact on the condition of the life of poor and oppressed. There have been many

affirmative revisions and changes in the level of accountability and transparency, since last

ten years.

Right to information ct is an important instrument that can bring many social benefits. The

essence of RTI act is to construct information dispensation government where the individual

can access information in an easy way. $esides "ust providing information, the ct in many

parts of the world acted as an effective protector in ma%ing the system wor% according to the

rules and regulations without any deviation. t present RTI ct in India is going through a

definitive phase and needed to bring much awareness among people to ma%e it much more

effective and to facilitate to its development. The present paper is an effort to debate the

ma"or significance of the good governance, eradication of the corruption in India through

Right to information act and the role of RTI ct in good governance. The paper even tries to

determine the implementation of the RTI ct in India.

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TABLE OF CONTENTS

ABREVATIONS 03

INTRODUCTION 04

BACKDROP 06

RTI IN LEGAL AND CONSTITUTIONAL ASPECT 07

RTI AND GOOD GOVERNENCE 11

RECOMMONDATIONS FOR REFORMING

TRANSPARANCY POLICIES 15

EXCLUSION INSTITUTIONS 16

IMPLEMENTATION OF TRANSITIONAL

DEMOCRACY THROUGH RTI 17

CONCLUSION 20

BIBLOGRAPHY 21

REFRENCES 21

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ABREVATIONS

RTI & RI'(T T) I*+)RTI)* -T

-$! & -*TR/ $)RD )+ !-)*DR0 D1-TI)*

TI & DIT*- T) I*+)RTI)*

+)I! & +RD) )+ I*+)RTI)* -T

2I) & 21$/I- I*+)RTI)* )++I-R

-!) & -I3I/ !)-IT0 )R'*I4TI)*

-I- & -*TR/ I*+)RTI)* -)I!!I)*

2I/ & 21$/I- I*TR!T /ITI'TI)*

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INTRODUCTION

The fight for the right to information is the fight for the survival of democracy in India. The

sta%es are too high for us ever to give up. !o we will never give up.5

6A!"#$ K%&"'()

It is not frequent that a legislation grips a central area in a democracy, gets approved by the

2rime inister of the country, 7or converts the cherished contrivance of the civil society. It is

perchance this characteristic of the Right to Information 89RTI5: that certifies that it will not

vanish from public remembrance. The contraption under the ct has given some momentous

orders giving citizens entry to information related to -$! $oard 2apers,; accounts of

political parties,


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have the appointments of a court, they should have a "uridical member. The author has

reprimanded the "udgment as a caisson of "udicial activism and has built a case for %eeping up

status quo, beneath which information officers are intimately managerial organization. C It is a

well6%nown convention of law that no right is sheer in nature, and the e#ercise of each right is

sub"ect to feasible hindrance. The right to information is no e#ception, and its e#ercise issub"ect to section of the ct, which ta%e account of the classes of information that are

discharged from e#posure. The RTI ct has come a long way since its commencement as the

footing of clarity and blameworthiness in the pattern of Indian governance. hile the

provisions are all in place, there is a long way to go in terms of developing its application.

dmittance to Information 8TI: is a necessary step in providing clearness and accountability

in government schemes and processes. hen a government is transpicuous, there is minor

chance for corruption and higher room for accountability. That’s why +reedom of Information

cts 8+)Is: is turning good standard practice in the international field. The RTI mostly

understood as the .right to approach information clutched by public authorities. It is not "ust

an obligation of the citizensJ but also a qualification to good governance. To be specific,

dmittance to Information creates democracy more dynamic and meaningful and grants

citizens to ta%e part in the governance schemes of the county. In particular, it gives power to

typical citizens, especially those who are inhabitants of rural areas. hen people have TI,

they contribute to ma%ing more weighty decisions, boost informed opinions, control policies

were touching their society and even designed a more established future for the ad"oining

generation. RTI has been recognized in !wedenF for over ;@@ years. *otwithstanding, over

the last ten years it has ameliorated recognition all over the regions of the world. hile

complementary legislations were embraced only by 7< countries in 7EE@, but now it has

grown to ?; or more, and such comparable pieces of legislations are under effective

deliberation in many other countries. In India, RTI ct was popularized in ;@@? and since

then this law has verified to be a strong machinery in the hands of people, for protecting

transparency in government agencies and having corruption.

6 *aib, supra note >, at ;7C 89The 1nion 'overnment has filed a review petition before the !upreme

-ourt. It is hoped that the 1nion of India will argue the case better in review than it did in the original

petition and the -ourt will address the issues arising out of the earlier "udgment as pendency of cases

remains a big problem5:.

7 !wedish +reedom of the 2ress ct, 7FCC

8 RTI-/ 7E elcomes 1*!-) Declaration on Right to Information, 2ress Release, RTI-/ 7E, > ay;@7@. ccessible atKwww.article7E.orgBpdfsBpressBarticle67E6welcomes6unesco6declaration6on6right6to6information.pdfL

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India’s right to information act is stated as one of the world’s finest law with a sterling

implementation trac% report. It is one of the most entrusted and most reformist legislations

passed in the post6Independent India. E +rom the day the ct came into effort, sophisticated

citizenry had declared adopting the law by constructing information requests in classification

get the police to act or get their privileges of food grain under public allocation system or

bring to light the nefarious officials.7@ ost profound provision of the ct is that the

information claimant needs not to commit any reason for it or prove his locus stand. The

wor% of implementing the law is not without considerable challenges. 77 Death of competent

public awareness in rural areas, absence of suited organization to accumulate and distribute

information, lac% of holding power of the public information officers 82I)s: to tac%le with

the requests, governmental mindset and notion etc.7;

BACKDROP

-ivil society organizations in India have made ma"or progress in last few years in promoting

the adoption and drafting of access to information laws. ll states in the region now have

such laws on the statute boo%s. )ther civil society organizations 8-!)s: have followed up on

these successful adoption campaigns with a range of activities to promote implementation,

including training of public officials, awareness6raising among civil society, and monitoring

the functioning of such laws through questionnaires and by filing requests to test levels of

9 1nderstanding the .Mey Issues and -onstraints. in implementing the RTI ct,

2ricewaterhouse-oopers in association with IR$, ;@@E. ccessible at K

httpABBrti.gov.inBrticornerBstudybypwcBinde#6study.htmL N !afeguarding the RTI . Report of the

2eople.s RTI ssessment ;@@, RTI ssessment and nalysis 'roup and *-2RI, )ctober ;@@E.

ccessible at KhttpABBrti6assessment.orgBe#eOsummOreport.pdfL

10 'uide on Right to Information ct, ;@@?, 'overnment of India.KhttpABBrti.gov.inBRTI-ornerB'uideonrti.pdfL

11 David $anisar, +reedom of Information around the orld 6 'lobal !urvey of ccess to

'overnment Information /aws, 2rivacy International, ;@@C.

Kwww.sspa.itBshareBpagineB7C


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responsiveness. 2roblems identified through an e#ercise of the right to file requests for

information often point to wea%nesses in the design of these new laws and to flaws that can

reduce the 2rospects for full implementation. The emerging body of %nowledge of how to

protect and promote the right to information in India is of great value to anti6corruption

practitioners and beyond.

During a one6year period between Pune ;@@> and ay ;@@?, Transparency department

monitored and tested the freedom of information acts in many cities. Together with the

government bodies, the officials wor%ed to improve the legal framewor% on access to

information, test implementation of the new transparency laws, provide assistance to

information requesters, and prepare legal advice for those see%ing to secure access. The )pen

!ociety Institute gave support for these activities.

9The ways to promote social accountability is by strengthening transparent mechanisms,

independent media and tools such as citizen "uries, social audits, citizen report cards and the

legislative inclusion of people, etc.

Though these are ta%en on one hand, we, on the other hand, were wea%ening the e#isting

mechanisms, for e#ample, RTI 8mendment: $ill. The one of the primary tool we learned is

access to information which is also a most powerful and efficient one in the recent years.

There has been a relentless effort towards recognizing RTI as a fundamental right. )ur RTI

though is a hard6won entitlement it is facing many obstacles in its implementations. There are

also plenty of e#amples on how this law has implied to the livelihoods by providing much6

needed info. It has empowered the individuals to become an effective participant in

disclosure ma%ing RTI as a critical tenet of participatory democracy.

)ur own RTI ct passed on Pune 7?, ;@@? came fully into force on )ct 7;.the act well

ac%nowledges the fact that democracy requires an informed citizenry and Transparency and

to curb corruption these revelations sometimes come into conflict with efficient operations of

government’s preservation of confidential, sensitive information. It is necessary to harmonize

these impediments without forgetting the democratic ideal.

Though this act has got certain defects in its e#ertion, its practicality lead to %nowledgeable

choices and a choice of participatory democracy. There was an amendment bill in ;@7; which

was a response to the -I- getting the political parties to the boundary of RTI.

RTI IN LEGAL AND CONSTITUTIONAL ASPECT

The bill for freedom of information which was in congruence with both article 7E of the

-onstitution and the 1niversal Declaration of (uman Rights, passed on 7Cth December ;@@;

could assist in an entire and substantial people’s participation in governance which is

essential to parliamentary democracy. )nly ;@ out of ;@@ countries have laws for thefreedom of information. 3arious provisions of the Indian vidence ct 7F; have a

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pro#imate demeanor on the duty of a public servant to give e#act information to the public.

!ection ;7 of the Indian 2enal -ode, 7C@ deals with the definition of public servant whereas

!ection 7CF cited under chapter IQ of Indian 2enal -ode administers punishment of

imprisonment up to < years for designing a false statement against any 2ublic !ervant.

!ection F> of the Indian vidence ct 7F; implements a definition of public documents and!ection FC provides that each public servant on demand shall give a person a copy of any

public document that he has, on payment of fees. 7 begets the right of the citizen to information only at the

discretion of the government servants. The !upreme -ourt of India has held in many cases

that right to information is implied in the constitutionally preserved rights to rticle 7E87:8a:

which is freedom of speech and e#pression and rticle ;7 which is right to life and liberty. 7>

*o attempt has been made by the !tate or -entral 'overnments to implement a clear and

useful access to information department. azdoor Misan !ha%ti !angathan 8M!!: was the

first and foremost movement in India regarding the right to information that initiated in

Ra"asthan during the 7EE@s. It aimed at access to accounts and to maintain transparency in the

system of administration in villages that gave light to movement of information throughout

India. The central government ratified the Indian +reedom of Information ct in ;@@;. It

initiated a vital step towards materializing the right to information, but it didn’t go far

enough. oreover, the rules of the ct are yet to be implemented by the -entral 'overnment,

so it is yet to come in force. Tamil *adu was the first state to e#ecute a law of the right to

information in 7EEF, followed by 'oa. !even other states have also passed legislation li%e

Marnata%a in the year ;@@@, Delhi in ;@@7 and adhya 2radesh in ;@@


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information as a fundamental right of the same. The !upreme -ourt in 2eoples 1nion for

-ivil /iberties v 1nion of India 7Fobserved that the right to information is a feature of rticle

7E which guarantees freedom of speech and e#pression in the -onstitution of India, which is

a fundamental right. *onetheless, when the -onstitution is amended the test relating to the

basic structure that has been reposed in Meshavananda $harti

7

case has to be convinced. Thetest caters that a constitutional amendment must be in aspersion of the basic structures of the

-onstitution. The -entral 'overnment in ;@@?, December sailed the idea to eliminate file

notings by importing an amendment to the ct. The news created a bic%ering with activists

conceiving the liability of the 'overnment. (owever, the 1nion -abinet has accepted the

mendment $ill, that when it will pass it can e#clude file notings 7Eas information that can be

challenged as a matter of right. gain the Indian rmy disavowed to give information in

;@@?, December to an applicant regarding the controversies of national security. $ut when

the 2rime inister meddled, it was held that rmy can never refuse until the government

appraises. The right to information benefitted power under 1D(R ;@, which came into force in

7E> contributing every person to gain information through media. The International

-ovenant on 2olitical and -ivil rights 7ECC states that 9very individual has the right to

freedom of e#pression and to follow and divulge information, documents and ideas of every

%ind, regardless of frontiers5 ;7Pustice Mrishna Iyer in the ane%a 'andhi case;; said 9a

16 87EF? IR C?, 7EF? !-R 8


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government that functions in privacy not only acts against democratic decency but also buries

itself with its burial5; the !upreme -ourt while considering the

order of newsprint control, allocation to a newspaper of newsprint was hindered, held that

such obstacle not only infringed the right of newspapers of freedom of speech but also

readers right to read was trimmed.

;?

!imilarly in !2 'upta v 2resident of India N )rs

;C

the!upreme -ourt held that the citizens of this nations have a right to get the idea of every

public act, everything that is brought about in a public way. They are sub"ected to have

%nowledge of the very particulars of each public transaction.5 ;F

lso in !ecretary, ministry of information N broadcasting v. -ric%et ssn. of $engal, ;the

!upreme -ourt held that the airwaves were a property of the public and its allocation of the

media and the private channels should be done on equal basis as the freedom of speech

involving the right to convey and ta%e possession of the information from electronic media. ;E

d"oining rticle 7E87:8a:, the other articles that provide the right to information under

-onstitution of India are rticles


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against the order. $y rticle ;;87: a person can %now the grounds for why he is detained.


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Their right to information, which is derived from the concept of freedom of speech, though

not clear, is a factor which should ma%e one wary when secrecy was claimed for transactions

that can at any percentage have no effect on public security. $ut the legislative part of the

!tate did not answer to it by ratifying suitable legislation for protecting the right of the

individual.5


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searching for orientation and organizations of social activists. This was recognized a

landmar% "udgment putting attention to access to information. ><

In inerva ills /td. and )rs. v. 1nion of India and )rs., >>this -ourt mandated without

uncertainty, that it is the -onstitution which is absolute in India and not the 2arliament. The

2arliament cannot destroy the -onstitution, to which it owes its e#istence, with infinite

amending power .>? In the case of 'overnment of ndhra 2radesh and )rs. v. !mt. 2. /a#mi

Devi,>C -ourt held that it should e#amine "udicial restraint while "udging the constitutional

validity of the statute and it is only when there is clear infringement of a constitutional

provision beyond fair doubt that the -ourt should pronounce a provision to be

unconstitutional.

RTI AND GOOD GOVERNENCE

e are always rhetoric regarding the ideals of transparency and inclusiveness and %new

that we can bring out social accountability and inclusive democracy which stand as pillars of

good governance.>F e are only rhetoric yet can prove that by curtailing the scope of the act

even though faced many oppositions from civil society. The world is always loo%ing forward

to a basic foundation for enhancing democratic governance. Informed set of society leads to

what is called a 9demand for good governance5 which means ability of citizens of civil

society organizations and other non6state actors to hold the state accountability and ma%e it

responsive to their needs high lightening the importance of social accountability.>

42

Supranotes26

43

Supranotes26

44

87E@: < !-- C;?

45

DRD) $hawan, -entral Information -ommission RTIA a compendium, *ew Delhi

46

8;@@: > !-- F;@

47

&IRS' RPR',SC"D *D+IS'R*'I R&R+S C++ISSI", RI-H' 'I"&R+*'I"./" 2006, +a#r K# -d -v#rnan#

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ccess to information acts is grounded in the recognition 9that information in the control of

public authorities is an important resource for public and access to such information boosts

greater accountability and transparency of those public authorities, and this information is

essential to the democratic process5. The purpose of these acts, also %nown as access to

information laws, is to ma%e a government more accountable and open to its people.

>E

Intransitional democracies, laws that give effect to the right to information are part of changing

a country to one governed by and for the people from one with a closed and authoritarian

government. The important aspects of good governance are given as follows.?@

P*+*,%- ,(#-.(%#/ (#$ **$ *!%#(#/%

Right to information enables individuals to see how government bodies are wor%ing. very

individual should openly come to %now what has happened and what is to happen.

Transparency is the crucial part of good government. The public has right, to %now about the

programs and policies of the government. ll communication of the state must be opened to

all individuals. pproach to information is a ma"or empower of transparency, and it refer to

the availability of information to public and certainty about functioning of state government

institutions. Right to Information ct is designed to promote transparency and accountability

in government by ma%ing the process of government decision6ma%ing wider.?7 Though some

divisions of the 1nion government are e#empted from this act the information can be desiredif it is concerned with the encroachment of human rights. ven the information from the

private "urisdiction can be sought only through the commanding authority, and it will send the

note to the institution concerned under section 77 of the act. any of the countries have

e#ecuted it through understanding that greater access to the individuals to information

enhances the openness of government to society needs. In turn, it provides immediate

redressed of public grievances and thus advances feeling of goodwill towards the state

48

%:a#rrnm3a#rmara;id


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government. Democratic countries have a greater degree of openness vis6a6vis rigid

establishmentJ nowhere in the world is government body functioning totally open.

P*+*,%- A//*#,(")",

ccountability is a %ey ingredient of good governance. ithout this, the root of any

advancement failure cannot be found. *ot only the state bodies, but the private sector bodies

also be accountable to the individuals.?; Information is powerful and Right to information ct

brings transparency and accountability to the administration. This involves the continuation

of a mechanism, which assures that both officials and political are answerable for their

behavior, use of public resources and performance.? There will

forever be corruption at the roots as long as its seeds are sown at the top level. RTI ct can be

used to showcase these seeds of corruption which in turn can regulate corruption at the lower

ends.??

P(,"/".(,"*#

2articipation anticipates involvement of the entire community in governance. $oth women

and men are the cornerstones of good governance. Ideal democracy does not mean the rule of

chosen littleJ it should ta%e the interest of all sectors especially the wea%est sections of the

community. ithout individuals= participation, the RTI will remain a non6starter. 2articipation

has a large range of definitions. )n the one side, some people ta%e participation to mean

52

Supranotes57

53

S P -ua v /nin India (*IR) 1982 SC (149)

54

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55 Supranotes3*

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engaging in any particular movementJ besides this, researchers define participation as an

activity through which individual share control and influence over development activity. RTI

ct creates a relation between government and people. 'ood governance needs that civil

society has the chance to participate in the establishment of development methods and that

directly affected societies and individuals should be able to be part of the implementation anddesign pro"ects and programs. ven where pro"ects have a trivial impact on particular places

or population clusters, there should be a consultation that ta%es their aspects into account. ?C

Individuals who understand public proceedings and what state is doing can voice their idea

on issues that problem their lives, they can ta%e part in the affairs of government. RTI

facilities individuals in ma%ing economic choices and political and thus strengthens

democracy. Right to Information ct encouraged and facilitated the participation of people in

the governance. arlier citizens had the will, but they did not have the chance to ta%e part in

the so6called official proceedings. $ut RTI acts the way for much participation of the

common individuals in governance sensibly.?F

A//%--"")",

Right to Information ma%es it achievable to easy access to information from state and central

government departments, records, services, finances, documents and pro"ects to all sectors of

society.? common person indulges in the matter of government bodies regarding

evolution.?E The RTI ct by providing contributing entry to information decreases the

established wider gap between administration and citizens and thus helps in building nations

process.C@ very individual becomes aware of daily activities of the government bodies.

hen individuals have the approach to information about service transmission and other state

functions, they %now what they are designated to, and they %now where and how to demand

56

'%# Ri=% Inrmain *, 2005,* -uid# r Civi Si# r=aniain

57

Supranotes65

58

Supranotes65

59

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60

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their right to those activities and other uses.C7 In pre6 RTI era individuals= role was only

restricted to the election of their heads, individuals did not have the legal right to %now about

the affairs of government activities.C; $ut Right to information act gave the people the more6

needed right to see% information regarding the wor%s of their government authorities should

co6operate the people. The RTI act was given the status of the fundamental right, and it is proof of the fact that how needed it is for the proper functioning of the government bodies.

E+.*'%+%#,

To assure development in the local sectors and peoples participation must be decentralized. It

is also called empowerment of citizens. $efore enactment of RTI ct, participation in

economic processes and political and the capacity to ma%e choices has been to India itself. s

a consequence, citizens remain ignorant of various pro"ects and they can=t resist when their

legal rights become ancestry. t the same moment, people remain innocent in terms of the

means and ways through they can get their entitled rights from the respective departments in

a legal way.

ccording to ichel +oucault, a +rench philosopher power is derived from capacity and

information is the component of %nowledge. !o, in this era of the technology6driven

information revolution, empowerment defined as an access to information.C -oncentration of information confidently leads to centralization of power. *ow

with the enforcement of RTI ct Individuals can ta%e part in ma%ing decision process and it

enables the individuals to %now about the government decisions. The RTI ct was

empowering individuals by removing unwanted secrecy surrounding in the decision6ma%ing

process of the government bodies.C?

61

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62

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=v#rnan#180763

63

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E", (#$ "#/)-"!%#%--

It is another important aspect of good governance. It implies every individual is a part of the

governance, and they don’t feel thrown from the main sector of society. very individual

should have the same status in the government decisions. CC The RTI ct also does not ma%e

any discrimination between poor and rich, and it covers all the individuals in India. It always

plays a ma"or role to fight against in"ustice, inequality and inhuman activities.

RECOMMONDATIONS FOR REFORMING TRANSPARANCY POLICIES

The adoption and implementation phase are relevant to states on the point of adopting new

access to information laws in the process of reforming their transparency policiesA

'enerate political willA

s many case6studies show, access to information laws can be adopted with or without civil

society involvement, and even with or without a full commitment to transparency by the

national government. To achieve full implementation of these laws, there has to be sufficient

political will. Ideas should be pitched to esteemed and well respected political figures. CF This

result in pilot programs being implemented and administrative reforms with political support

and bac%ing.C 2oliticians can be themselves be part of the change in the culture of secrecy

and improve their credibility through their involvement with initiatives to promote and

implement the right to access information.

Develop a culture of the right to informationA

successful access to information law is one that wor%s both on paper and in practice. To

accomplish this, part of the challenge for society organizations campaigning to promote the

right to information is a creation of a culture of the right to information. CE !uch a transparency

culture has faces to itA the acceptance of public heads to give information and willingness to

65

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?ui#>491>1%m

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67

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18


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file requests by the public.F@ The e#periences of the various states studied in this report show

ongoing problems occurred in the absence of awareness among public to the new access to

information laws and of the right to request information from public bodies. Intensive legal

education and freedom of information campaigns need to be underta%en to raise awareness

amongst the population and stimulate filing of requests.

F7

Improve 'overnment fficiency and Information anagementA

n access to Information law is not only a weapon to e#pose corruption, but it can also avoid

it by the highlighting poor administration regarding how public funds will be spent. new

access to information regime can also help improve internal efficiency and information

management in administrations unused to such levels of accountability, even from internal

supervision organs.F; hen a new ccess to Information /aw has been adopted particularly

during the subsequent C to 7; month implementation period, it is necessary to consider

improvements to the current administrative infrastructure 8including IT systems, web6portals,

filing systems, records and procedures: and internal information management systems. F<

2repare adequately for implementation of a new lawA

The time between the adoption of an access law and when it enters into force should be

utilized wisely. In particular this period 8which is normally C67; months: provides ample time

to train public servants and hold awareness6raising campaigns for the public, business

associations, civil society organizations, and "ournalists.

EXCLUSION INSTITUTIONS

69

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70

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71

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72

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The RTI ct administers that few sensible information can be restrained from the citizensJ if

the public representatives in possession of the acquaintance feel that the same is li%ely to

imperil either state or national interests or to infringe the undisclosed facts of trade. These

e#clusions are primarily found in, in !ection and !ection E of the RTI ct. (owever,

contrary to the famous conception, !ection F8E: is not an e#ception.

F>

!ection gives certain needed e#emptions, which are sub"ects of 2ublic Interest. (ere, the

"urisdiction of public in absorb the information, should consider whether there is ma"or public

interest in curbing the information or conferring out the information 8commonly called6

counteracting the affection of public or herein loo%ed as the individual=s Interest .

stonishingly, the Right to information ;@@? flounders to give anywhere the connotation of

=public authority=.F? 2ublic uthority is not seen e#plained in any of opportunity of

information law. Interest of public, in middling precedence’s, may hold the fundamental idea

while ma%ing the decision of whether the information is to come out of the closet or

withheld. 2ublic emphasis, in the idea of the !upreme -ourt of India has been provided byform of guidance’s of !upreme -ourt for preserving a 2I/, 7EE and also in cases as of , ! 2

'upta v. 2resident of India, !tate of 'u"aratv irzapur oti Mureshi Masab PamatN others,

or in Panta Dal v. 3(! -houdhary.FC

+urther detailing the e#clusions laid down in !ection of Right to information ;@@?, thereduction that all the competent e#emptions can further be buttoned down into threeA

a. -lass #emptions

!ection G7H 8b:, 8e:, 8f:, and 8i: embodies these e#emptions. In these cases, the public

authority may not manifest any harm but simply might show that the information is

discharged under the above6specified clauses.FF

b. 2re"udice based #emptions

74

+KSS, $a inrum#na in dra$in= %# a#nin %# ui d#mand r a Ri=% Inrmain, ##iain Ra?a%an

75

Riu Sarin, '%# R'I d#a# a%# n , 'im# India, 17 +a 2006,

+umai diin

76 Iid a 75

20


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The degree of pre"udice is not detailed, so any level of pre"udice might disagree. (owever,

less symbolic the pre"udice is shown to be, the bigger the chance of the public interest

lowering in favour of divulgation of the information in the question. hether pre"udice

prevails is a matter of fact to be predetermined. !ection 87: 8a:, 8c:, 8d:, 8g:, 8h:, and 8":

involves these e#onerations.

c.Time /imited #emptions

!ection G


22/26

the heart of the spirit of democracy as it caters for information to the public, but at the same

time, puts a certain limit in place over the same.

IMPLEMENTATION OF TRANSITIONAL DEMOCRACY THROUGH RTI

nticipate administrative reformsA

2arties involved in drafting the law need to ta%e into consideration the public

administration’s capacity for the new legislation. )therwise, a law may be created that is

e#cellent for citizens but leaves the administration incapable of providing proper services and

with a considerably reduced capacity to deliver.; +or e#ample, standardizing the

classification of internal documents and the proactive publication of certain classes of

information such as budgets and annual reports can greatly help in preparing the

administration for answering the most common information requests.<

!anctions for secretive institutionsA

!anctions should penalize the institutions that have failed to respond to requests for

information. long with the heads of these agencies to avoid the possibility of individual,

lower ran% civil servants being penalized & the burden of responsibility should rest with those

with the power to ma%e a change. >

Retrospective actionA

ny new access to information legislation and policies should include a clause that entitles

requestors to obtain access to copies of information contained in official documents that

originated before the adoption of the access to information law. ?

82

Iid a 74

83

%:$$$aunivain-aL20mdiaL20?urna@I"'R

L202010L20*R'ICS*ri#L206d

84 Iid a 56

22


23/26

!pecifying which private bodies are coveredA

!ome freedom of information laws also oblige private entities to provide information,

particularly where these private bodies receive public funds, perform a public function or

hold information that is necessary for the defence of other rights, such as the right to

education or health or participation in public life. To ensure clarity on which bodies are

bound to respond to requests for information, they should either be named within the law or

the law should specify the criteria to be applied when determining when a public body has an

obligation to respond and which of the information it holds must be made public.

+air feesA

ccess to information regimes usually establishes fees for obtaining copies of the information

requested. )n ccess to )fficial Documents and many national laws establish that the feescharged may only be for the actual costs incurred by the public authority, such as the cost6

price of photocopying the document requested. TI laws should establish that information

may be viewed free of chargeJ it is also the norm that where information is delivered

electronically, such as by e6mail, it be free of charge. here charge fees for providing

information they should adhere to these standards. C

2roactive transparencyA

It is increasingly common to find that access to information laws contain provisions

requiring public bodies and private bodies to the e#tent that the law covers them & to ma%e

certain types of information available proactively, such as by posting the information on

websites or having printed reports available in the reception of the institution. !uch proactive

transparency can be a source of very important information for anti6corruption activists. +or

e#ample, activities of the state with reference to public procurement can be made available

automatically 8on the Internet and in the national gazette or similar publication:, which means

that everyone has an equal opportunity to %now about upcoming tenders and about contracts

that were awarded.F !uch measures are needed to overcome traditions of %eeping business6

related information secret, even where the so6called 9business secrecy5 relates to the

85

%:$$$udmd#m#aRi=%>'>Inrmain>*>419015%m

86

MRi=% Inrmain and -d -v#rnan# Ra?ir Sin=%

87 %:$$$iid#%ir=in%rn#$iid$nad"%rRiR'I>2008d

23


24/26

spending of the ta#payers money as part of public6private partnerships and service contracts.

Independent oversight is essentialA

#perience has shown that where Information -ommissioners or )mbudspersons handle the

implementation of access to information laws, they can ma%e a positive contribution to

building a new culture of openness within a government.E !uch officials should have

independence of mandate and budget and those appointed to the post should have relevant

e#perience and be selected by a public process, with an opportunity for civil society

organizations to ma%e submissions related to the qualifications of the candidates. E@

)versight is also essentialA

$odies such as Information -ommissioners and official persons do, however, need to be

monitored to determine their effectiveness in promoting implementation.E7

CONCLUSION

RTI is efficacious machinery that can convey symbolic social benefits. It can furnish

substantial bedding to democracy and endorse good governance, by capacitating the citizen’s

endowment to latch on effectively and grip government officials accountable. Rather than

only catering information, RTI ct in most of the countries has conveyed to be an impressive

watchdog certifying all those coming in purview of the ct to wor% in congruence with

orders, rules and regulations, without any aberration. )n the other hand, rigorous

implementation of this law craves only political will but also progressive civil societies, RTI

activists and some Democratic visages, such as reverence for the rule of law. 2resently, the

RTI ct in India is passing through a determined "uncture, much more needs to be done to

grease the wheels of growth and development. -ommon protest against the absence of

88

MRi=% Inrmain and -d -v#rnan# Ra?ir Sin=%

89

Iid a 68

90

%:$$$iid#%ir=in%rn#$iid$nad"%rRiR'I>2008d

91 Iid a 68

24


25/26

implementation of this law solo is inadequateJ one needs to strengthen this leadership ta%en,

for the law to sprout in full bloom. The above analysis shows that while the position of the

RTI shows to be adequate in solitude, its communication with constitutional law doctrines

emblazons principled strains. )ne might loc% horns that these doctrinal dilemmas are

e#amples of old wine in a new bottle’ and that they have left no stone unturned since timeage6old. (owever, given the rare nature of the RTI, the essential place it has come to immerse

and its broadening coverage, it would only be down to earth to draw to close that the RTI

management must find e#clusive e#planations to these age6old quandaries. )ne solution

might be to give a wide number of prudence to the 2ublic Information )fficers selected under

the ct. (owever, as our commentary has shown, that too can be precarious.

BIBLOGRAPHY

RTI A -(//*'! T) I2/I*TTI)* & + //RD DR0/

RTI 22/I-TI)*! *D D-I!I)* MI*' & -(RI! RI/0

!1--!!+1/ 22R)-( T) RTI & RP3R*

RTI -T I* I*DI +1T1R & !(R0!MR

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