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TRANSPARENCY“Secrecy is the linchpin of abuse of power.

Transparency is the only real antidote.”

GOVERNANCE I: TRANSPARENCY (RTI)

DEFINITION

l It is a phenomena of opening up the functioning of government and its decisions to citizens.

l It enables the citizens to obtain information about government’s decision-making along with facts, figures & mechanisms followed.

l Freedom of information – Core essence of transparency


NEED FOR TRANSPARENCY



l Ensures accountability.

l Reduces corruption and abuse of power.

l Increases the efficiency of the government.

l Opens up government activities to public scrutiny.



l Corrects asymmetry of power between people & government.

l Promotes peoples’ participation in governance.

l Helps in correcting trust deficit.

l Can improve the quality and pace of decision making.


ENSURING TRANSPARENCY

Pro active Disclosure Reactive Disclosure


CONSTITUTIONAL LOCUS

l Preamble

l Art19(1)(a)

l Art 21

l Art 39(b) & (c).


FREEDOM OF INFORMATION ACT 2002


Sound RTI Regime


MASTER KEY TO GOOD GOVERNANCE


Main Features of the Act

All citizens have right to information.


Definition of Information• Records• Documents• Memos• E-mails• Opinions• Advice• Press releases• Circulars• Orders logbooks

• Contracts• Report• Papers samples• Models etc.


What can we do/accessl Inspect work, documents, or records;

l Take notes, extracts, or certified copies of documents or records;

l Take certified samples of material; and

l Obtain information in the form of diskettes, floppies, tapes, video cassettes, or in any other electronic mode or through printouts


From whom can we access

Sec 2(h): From Public Authority

• Constitutional bodies

• Statutory bodies

• Body owned, controlled, or substantially financed by government (including state-funded NGOs)


The Process

l Make a request in writing/electronic means in English/Hindi/official language of the area with fees specifying the particulars of the information sought.

l Section 6(2): The applicant shall not be required to give any reason for requesting the information.


Time Limit

l Information is to be provided within 30 days (48 hours where life or liberty is involved).

l The period can extend to 35 days where request is given to APIO.


RIGHTS CONFERRED ON CITIZENSl Choosing medium of request

l Choosing language of request

l Not stating any reason for requesting Information

l Assistance in accessing record

l All fees are waived for below poverty line (BPL) applicants

l Knowledge of reasons for rejection

l Making of complaint to CIC/SIC


OBLIGATIONS OF PUBLIC AUTHORITIES

l Maintain all its records, duly cataloged and indexed, in amanner and form which facilitates the right to information,and computerize within reasonable time.

l Publish within 120 days from the enactment of this Act, 16types of information (directory of officers, functions performedby them, categories of docs held by it etc.), and thereafterupdate these publications every year.


OBLIGATIONS OF PUBLIC AUTHORITIES

l To provide as much information, suo motu, to the public,through various means.

l Within 100 days of enactment, designate PIOs in alladministrative units/offices, as may be necessary.

l To transfer misdirected requests within five days from thereceipt of application.


Where does one complain?

l The first appeal is made to an officer within theorganization, who is senior in rank to the PIO.

l The second appeal is made to the InformationCommission.


Central Information Commission

Composition

l Chief Information Commissioner

l Such number of Central ICs not exceeding 10


Central Information CommissionAppointment

By the President on the recommendation of a committeeconsisting of -

Ø Prime Minister, who shall be the Chairperson of thecommittee;

Ø Leader of Opposition in the Lok Sabha; andØ A Union Cabinet Minister to be nominated by the PrimeMinister.



Qualificationl CIC & ICs shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.

l They shall not be an MP/MLA or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.



Tenure (Old Provisions)

Ø 5 years

Ø Retirement – 65 years

Ø Not eligible for reappointment

Ø Salary – CIC = Same as CEC, ICs = Same as ECs



Removal

Ø Ground – Proved misbehavior/incapacity

Ø Manner – SC to conduct an enquiry on a reference byPresident.


State Information Commission

Analogous provisions w.r.t. CIC


RTI Amendment Act’19

Term of Information Commissioners

l Earlier – 5 years

l Presently – Central government will notify the term of office for the ICs.


RTI Amendment Act’19

Determination of salary

l Earlier – CIC = Same as CEC, ICs = Same as ECs

l Presently – Will be determined by the central government.


The New Rules

Tenure & Salaries

l Reduced from 5 years to 3 years.

l State CIC’s (& central ICs’) salary has been reduced by 25000/-


Previous Year Mains Question

Q. “Recent amendments to the Right to information Act willhave profound impact on the autonomy and independenceof the Information Commission”. Discuss. (2020 - 150words)


NEED FOR BALANCE


Any EXEMPTIONS?


Section 8

l Information which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the state, relations with foreign state or lead to incitement of an offense

l Information causing contempt of court.

l Information causing breach of privilege.


Section 8

l Third party info like commercial confidence, trade secrets or intellectual property etc.

l Information available to a person in his fiduciary relationship

l Information received in confidence from a foreign government


Section 8l Information which would endanger the life or physical safety

of any person

l Information which would impede the process of investigation, apprehension, or prosecution of offenders

l Cabinet papers, including records of deliberations of the Council of Ministers, Secretaries, and other officers;

è Provided that that the final decisions are yet to be made public


Section 8l Information which relates to personal information which has no relationship to any public activity or interest.

l A public authority may allow access to information protected by Official Secrets Act’1923 if public interest in disclosure outweighs the harm to the protected interests.

l Information can be denied if it would involve infringement of copyright.


Section 24

l The act shall not apply to intelligence and security organizations specified in the Second Schedule of the Act, but information pertaining to allegations of corruption and human rights violations is to be provided.

l Time limit – 45 days

l It can be amended by Central government.


Amendments to Schedule 24


Impactl It has transformed in to a grievance redressal tool.

l It has helped in exposing scams, corruption, wasteful expenditure etc.

l Set the trend for other rights based legislations.

l RTI applications have been able to provide information to a large number of people.


PERFORMANCE ANALYSISIssues with the Act

l Vague terms and phrases

l Right to reject frivolous applications

l Possible abuse of Schedule II


PERFORMANCE ANALYSISPublic authorities

l Problem of bureaucratic mindset

l No specific budgetary allocation for RTI by most departments

l Rank juniors are appointed as PIOs

l Suo motu disclosures have been very poor


PERFORMANCE ANALYSISPublic authorities

• Additional responsibilities given to PIOs without additional incentives

• Very poor records management


PERFORMANCE ANALYSISAdjudicators

l Penal provisions are rarely used.

l SICs have not posted annual reports online in the prescribed time limit.

l ICs are not armed with any contempt powers

l Huge pendency of cases in the CIC

l Vacancies in ICsGOVERNANCE I: TRANSPARENCY (RTI)

PERFORMANCE ANALYSIS

Citizens

l Genuine activists in some cases have been replaced by blackmailers resulting in filing of frivolous applications.

l Shallow awareness.


Reforms

Already undertaken

l Digitization of CIC.

l Once an application is filed, status updates are instant and alerts are sent.


2nd ARC recommendations

• Repeal of OSA.q Oath of secrecy should be replaced with Oath of

transparency

• Periodical review of IInd schedule.

• Classification of confidential documents.

• Professionalize Record Management

q Set up Public Records Office



l Changes in selection process of ICs

Ø Selection committee to include CJI instead of Union Cabinet Minister and a Civil Society Representative.

Ø At least half the members should be from non-civil services background.

l Training

Ø Training for civil servants and not only PIOs in respect of RTI.



l PIO in the central secretariat to be of the level of at least Deputy Secretary/Director.

l Set up a national coordination committee which would include the Chairpersons of all ICs.


Political Parties under RTI


Judiciary under RTI


PM CARES under RTI
