DR.

RAM MANOHAR LOHIYA NATIONAL LAW

UNIVERSITY, LUCKNOW.

2021

“RIGHT TO INFORMATION”

“Final Draft”
“RTI: A powerful tool for good governance and its challanges”

Submitted to: Submitted by:

Dr. APARNA SINGH PRABHAT PATEL

Assistant Professor (Law) Roll No. 95, Semester-IX

Dr. RMLNLU, Lucknow. Section – B

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 ACKNOWLEDGMENT

I would like to extend my special thanks of gratitude to my Civil Society & Public Grievances
teacher,. who gave me the opportunity to work on the topic ‘RTI: A Powerful Tool For Good
Gavernance and challenges ’.

I would like to thank ma’am for giving me such an interesting topic to research on and for the
help and guidance which you gave me during the making of my project. It has been a wonderful
experience to work on this project as it has been very knowledgeable to understand the same.

Also, I would like to thank my seniors and friends who helped me in finishing this project within
time.

Prabhat Patel

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TABLE OF CONTENT

INTRODUCTION………………………………………………………………………4

OBJECTIVE OF THE ACT…………………………………………………………….5

IMPORTANT FEATURES OF RIGHT TO INFORMATION ACT, 2005……………..5

LINKS BETWEEN RTI AND THE ELEMENTS OF GOOD GOVERNANCE………..6

NEED FOR RIGHT TO INFORMATION ……………………………………………….8

THE GENESIS AND EVOLUTION OF THE RTI ACT, 2005..........................................9.

ROLE OF RTI IN REDUCING CORRUPTION IN INDIA……………………………9

CHALLENGES…………………………………………………………………………10

CONCLUSION………………………………………………………………………….11

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INTRODUCTION
The right to information is implicitly guaranteed by the Constitution. However, with a view to
set out a practical regime for securing information, the Indian Parliament enacted the Right to
Information Act, 2005 and thus gave a powerful tool to the citizens to get information from the
Government as a matter of right. This law is very comprehensive and covers almost all matters
of governance and has the widest possible reach, being applicable to Government at all levels-
Union, State and Local as well as recipients of government grants.

“A popular Government, without popular information, or the means of acquiring it, is but a
Prologue to a Farce, or a Tragedy; or, perhaps both. Knowledge will forever govern ignorance;
and a people who mean to be their own Governors must arm themselves with the power which
knowledge gives”

Governance is an all-inclusive term covering various aspects of the organization and structure of
government, which have an impact on the efficiency of government and the delivery of public
services, and incorporates accountability, transparency, financial devolution,
political/administrative decentralization and administrative vigilance to check corruption. Good
governance can be related to the basic goals of a society as enshrined in its constitution and other
policy and plan documents. A faceless citizen is now blessed with a tool with the help of which
he can now demand from the high and mighty in the government to know the details of every
action they take, professedly on behalf of the people. The responsibility of ensuring that the RTI
Act will deliver its potential rests with us.1

“Four years ago I said to you that an important challenge we face is the challenge of providing
good governance. The right to information act was one major step. We have initiated reform and
modernization of government.”

In India, after many deliberations over the years, the RTI Act was passed by the parliament in
October 12, 2005, thus opening up the governance processes of our country to the public The
Right to Information Act is considered to be the most revolutionary of all enactments in
Independent India. The right to information and the assurance of widespread citizen participation
in public affairs and an active civil society are essential for the full realization of democracy. The
RTI Act, which if used sensibly and efficiently can take the country in the direction of new
democracy and good governance.

“If liberty and equality, as is thought by some are chiefly to be found in democracy, they will be
best attained when all persons alike share in the government to the utmost”.

RTI is perceived as a key to strengthen participatory democracy and ushering in people-centered

governance. With access to information on their side, people can function better as an informed
1
http://www.bcasonline.org/policy/Article%20by%20Shailesh%20Gandhi%20for%20February%2006.htm

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and responsible citizenry - investigating and scrutinizing government actions and reviewing the
performance of their elected representatives with a view to seriously holding them accountable.
People can access information on how officials are delivering on their commitments, how the
bureaucracy is spending public money and how representatives are interacting with special
interest groups. Without good governance, no amount of developmental schemes can bring in
improvement in the quality of life of the citizen. 2 Good governance has four elements-
transparency, accountability, predictability and participation and RTI helps in achieving the
same.

The Act also requires the Government to compile a guide in easily comprehensible form and to
update it from time to time. The Government has already published four guides in the past, one
each for the information seekers, the public authorities, the Central Public Information Officers
and the Appellate Authorities. This would help all the information seekers in getting information;
public information officers in dealing with RTI applications; first appellate authorities in taking
cogent decisions on appeals and public authorities in implementing various provisions of the Act
effectively will help all stakeholders in furthering the objectives of the RTI Act, 2005.

OBJECTIVE OF THE ACT

Objective of the Act is to establish “the practical regime of right to information for citizens to
secure access to information under the control of public authorities, in order to promote
transparency and accountability in the working of every public authority, the constitution of a
Central Information Commission and State Information Commission and for matters connected
therewith and incidental thereto.”

IMPORTANT FEATURES OF RIGHT TO INFORMATION ACT, 2005

 All citizens possess the right to information

 The term Information includes any mode of information in any form of record, document,
e-mail, circular, press release, contract sample or electronic data etc.
 Rights to information covers inspection of work, document, record and its certified copy
and information in form of diskettes, floppies, tapes, video cassettes in any electronic
mode or stored information’s in computer etc.
 Applicant can obtain Information within 30 days from the date of request in a normal
case

2
Government of India, Second Administrative Reform Commission, First Report on Right to Information: Master
Key to Good Governance, June 2006, para1.1.1, p.1.

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  Information can be obtained within 48 hours from time of request. If it is a matter of life
or liberty of a person.
 Every public authority is under obligation to provide information on written request or
request by electronic means.
 Certain informations are prohibited.
 Restrictions made for third party information Appeal against the decision of the Central
Information Commission or State Information Commission can be made to an officer
who is senior in rank.

 Penalty for refusal to receive an application for information or for not providing
information is Rs. 250/- per day but the total amount of penalty should not exceed Rs.
25,000/-.
 Central Information Commission and State Information Commission are to be constituted
by the Central Government and the respective State Governments.
 No Court can entertain any suit, application or other proceedings in respect of any order
made under the Act.

The aforesaid mentioned promote transparency in government organizations, makes them

function more objectively thereby enhancing predictability. In a fundamental sense, right to
information is a basic necessity of good governance.3

LINKS BETWEEN RTI AND THE ELEMENTS OF GOOD

GOVERNANCE:
Since Independence government of India and state governments have been entrusted by the
legislature on behalf of people of India, Billions of Crores of Rupees for various schemes for the
welfare of the people so that the disadvantaged group of people can enjoy the fruits of freedom. 4
Clearly, the Act has laid emphasis on good governance, of which the major elements that have
been identified are: informed citizenry for encouraging people’s participation in development
process, transparency, accountability and reduction in corruption. Thus, the major objectives of
the Act are:

Greater Transparency: ‘provide as much information suo motu to the public at regular
intervals through various means of communication, including internet, so that the public have
minimum resort to the use of this Act to obtain information’. In addition, a public authority, u/s
4(1)(d) of the Act, is required to “provide reasons for its administrative or quasi-judicial
decisions to the affected persons”. To facilitate the access to information, a citizen has, u/s 2 (j)
of the Act, the right to:
(i) Inspection of work, documents, records;
3
FIRST REPORT,SECOND ADMISTRATIVE REFORMS COMMISSION, RIGHT TO INFORMATIONJUNE 2006, Master Key
to Good Governance.
4
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1572238

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 (ii) Taking notes extracts or certified copies of the documents or records;
(iii) Taking certified sample of material; and
(iv) Obtaining information in electronic form, if available.

The Commission, u/s 20(1) of the Act, has the mandate, inter-alia, to impose penalty and/or to
recommend disciplinary action against the information providers, if held responsible for
obstructing the free flow of information. The Commission may also award compensation for any
detriment suffered by a requester for seeking information.

The information seekers and the NGOs have put pressure on the public authorities for promoting
the culture of openness in functioning of the Government. Of the millions of applications for
information, less than 5 per cent have been denied information under various exemption
categories, u/s 8(1) of the Act, on the grounds of national interest, personal or third party
information or those pertaining to commercial confidence, the disclosure of which would affect
competitiveness of public authorities. In effect, thus, there is greater transparency than ever
before in the working of the public bodies. The media and civil society have raised development
issues, based on facts about the use of funds as well as the best practices in formulation and
implementation of pro-poor schemes. The citizens are thus better informed about the
performance and contributions of the elected representatives, which augurs well for a healthy
democracy and democratic governance of projects.

GREATER ACCOUNTABILITY: Every public authority is required ‘to provide reasons for its
administrative or quasi-judicial decisions to the affected persons’ u/s 4(1)(d) of the Act. There is
therefore no scope for any arbitrary decision.

The world wide governance indicators report on 6 broad dimensions of governance for over 200
countries over the period 1996-2011:5
 Voice and accountability
 Political stability and absence of violence
 Government effectivemess

 Regulatory quality
 Rule of law
 Control of corruption

AN INTERFACE: Right to information has been seen as the key to strengthening participatory
democracy and ushering in people centered governance. Access to information can empower the
5
http://info.worldbank.org/governance/wgi/resources.htm

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poor and the weaker sections of society to demand and get information about public policies and
actions, thereby leading to their welfare. Without good governance, no amount of developmental
schemes can bring improvements in the quality of life of the citizens.

“Open Government is the new democratic culture of an open society towards which every liberal
democracy is moving and our country should be no exception. In a country like India which is
committed to socialistic pattern of society, right to know becomes a necessity for the poor,
ignorant and illiterate masses”.6

Good governance has four elements- Transparency, Accountability, Predictability and

Participation. Transparency refers to availability of information to the general public and clarity
about functioning of governmental institutions. Right to information opens up government’s
records to public scrutiny, thereby

RIGHT TO INFORMATION AND GOOD GOVERNANCE

‘Right to Information’ (RTI) refers to the right of every citizen to access information held by or
under the control of public authorities. Information is crucial for good governance as it reflects
and captures Government activities and processes. It is said that information is the oxygen of
democracy. If people do not know what is happening in their society, if the actions of those who
rule them are hidden, then they cannot take a meaningful part in the affairs of the society. Access
to information not only promotes openness, transparency and accountability in administration,
but also facilitates active participation of people in the democratic governance process. The RTI
ACT is a tool helping to ensure rights already promised in the constitution.

Public participation in Government, respect for the rule of law, freedom of expression and
association, transparency and accountability, legitimacy of Government, and the like which are
the core values of good governance, can be realized only if the right to information is
implemented in the right spirit.

NEED FOR RIGHT TO INFORMATION

The RTI had already received judicial recognition as a part to the fundamental right to freedom
of speech and expression. Soli Sorabji has aptly stressed “Lack of transparency was one of the
main causes for all pervading corruption and Right to Information would lead to openness,
accountability and integrity". The common did not have any legal right to know about the public
policies and expenditures. It was quite ironical that people who voted the persons responsible for
policy formation to power and contributed towards the financing of huge costs of public
activities were denied access to the relevant information
6
S P Gupta vs. Union of India (AIR) 1982 SC (149)

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P.B. Sawant has expressed similar views, he holds that “the barrier to information is a single
most cause responsible for corruption in society, it felicitates clandestine deals, arbitrary
decisions, manipulations and embezzlements. Transparency in dealings, with their every detail
exposed to the public view, should go a long way in curtailing corruption in public life.

THE GENESIS AND EVOLUTION OF THE RTI ACT, 2005:

The evolution of the act can be traced back to the following:

 Good Governance
 Global trend
 Democratization of government
 Peoples participation
 Public accountability
 Rule of Law and Right to information
 Combating corruption
 Checking the misuse of discretionary powers
 Administrative efficiency
 Creating a more democratic and open society
 Protection of civil liberties
 Reducing poverty and achieving the millennium development goals (MDGs)

 Effective implementation of government schemes

 Reforming administration
 Right to information as a fundamental right
 Media’s effectiveness
 Movement for transparency

Role of RTI in Reducing Corruption in India

Corruption in India has become the most perplexing issue. It covers not only lower level but also
upper level where ministers and bureaucrats are involved. Many cases of corruption where
ministers are involved have been referred to the CBI for inquiry and action. Secrecy and lack of
information create breeding ground for corruption and abuses of power. By promoting
transparency and accountability Right to information curbs such abuses. Corruption is a process,
which perpetuates poverty and harms the poor. It creates an environment of distrust between the

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people and government, which impinge upon the development and jeopardize democratic
governance. Under the RTI regime, there is unprecedented transparency in the working of public
departments. As a result, there is better understanding of the decision making process and greater
accountability of government. This has lead to reduction in corruption in country. The Prime
Minister of India has felt that there is corruption both at political and administrative level. In
2007 when Indian Prime Minister Dr. Man Mohan Singh addressing the IAS probationers of
2006 stated that “the barriers of administrative and political corruption should be tackled by the
upcoming bureaucrats and quality of governance be improved at all levels to build an India
‘worthy of our dreams’. If there are barriers, there are barriers in our country, in our good
governance, in our governance processes. It is a fact that there is lot of corruption, both at the
political level and at the administrative level. We must take it head on.” Hoshiar Singh and
Mandir Singh, the higher authority to control the corruption from, Dr. Man Mohan Singh
government has rightly remarked that “No drive against corruption cans succeed unless or until
the government itself is firmly committed to the task of weeding out dishonest and corrupt
officials, irrespective of ranks and status. The punishment for corruption should be exemplary;
the least should be dismissal from service. So RTI is vital tool, and a potent weapon in the hands
of a common people to fight against corruption. The RTI the makes the government very
smooth, transparent, accountable, participative to the very common people. At the end we say
RTI makes a path to the people by whom he connects to the government and changes governance
to the good governance.

CHALLENGES

1.Misuse of RTI Act :

Due to non-applicability of locus-standi rule to RTI case and non-requirement of giving reasons
for seeking information, it has been observed that the RTI act is misused by the many petitioners.
This leaves ample scope for non-serious information seekers to misuse it for their personal
interest rather than public interest in disclosure. Also, this diverts the time of public servants and
adversely affects their work.

2. Low Public Awareness:

Public Awareness is very low in India regarding their rights as well as duties. Some reasons
behind this are lack of education and awareness. It was further observed that awareness level is
low among the rural areas and in disadvantaged communities such as women, SC/ST/OBC.

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3.Huge Backlog and Delay in Disposal of Cases:

One of the reasons the RTI Act was considered to be revolutionary was that a response has to be
provided in a fixed time, failing which the government official concerned would be penalized.
However, this time-bound nature of the Act suffers due to multiple reasons: Due to the
insufficient number of Information Commissioners at the center level, there is a high backlog
and delay in the hearing of the cases. Further, because of poor quality, incomplete and inaccurate
information, the filing the First appeal increases significantly under the RTI Act. Moreover, the
act doesn’t provide any limit within which the Second Appeal to Chief Information Commission
(CIC) must be heard. Due to this, the applicant has to wait for months in order to have his or her
case heard at CIC. Ineffective record management systems and procedures to collect information
from field offices lead to delays in processing RTI applications.

4. Dilution of the law:

The RTI Act (Amendment) Act, 2019 gives the central government the power to fix the terms
and the service conditions of the Information Commissioners both at central and state levels. By
vesting excessive powers with the central government, this amendment has hampered the
autonomy of CIC

CONCLUSION
The right to information act is an agent of good governance. The RTI makes administration
more accountable to the people. The people become aware of administration and give them an
opportunity to take part in decision making process. The RTI promoted democratic ideology by
promoting openness and transparency in the administration. The best way to deal with all these
challenges while promoting good governance is by making the act redundant. The governments,
instead of waiting for the common people to seek the information, must voluntary make all the
information available to the people. It will not only promote good governance but also increase
the trust between government and the people it governs.

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BIBLIOGRAPHY
 http://legalservicesindia.com/article/article/right-to-information-as-a-procedural-justice-
491-1.html
 http://info.worldbank.org/governance/wgi/resources.htm
 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1572238
 <http://www.legalservicesindia.com/article/article/right-to-privacy-under-article-21-and-
the-related-conflicts-1630-1.html>assessed on 17/8/17.
 <http://www.thecitizen.in/index.php/NewsDetail/index/8/10206/Why-The-Aadhaar-
Card-Is-Not-Safe>assessed on 17/8/17.

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