In this article, Akanksha Singh of Meerut College discusses how to make the best use of Right to Information.
Introduction
Right to Information is a democratic function and a precondition to a good governance and it is a fundamental right under article 19 (1) of the constitution. It ensures that the people we put in power should be answerable and accountable to every citizen of the country.
“Where the society has chosen to accept democracy as its creedal faith, it is elementary that the citizen oath to know what their government is doing-Justice P N Bhagwati”.
Right to Information Act, 2005
- Right to Information (RTI) is an Act of the Parliament of India which motive is to establish a right to information for citizens and replace the former Freedom of Information Act, 2002.
- Any citizen of India may request information from a public authority (the Government body) and public authority is bound to reply immediately or within 30 days under the provision of the Act.
- For certain categories of information, it is mandatory for every public authority to computerize their records. So it will help the citizen to minimum recourse to request for information formally.
- On 15 June 2005, this law was passed by Parliament and enforced on 12 October 2005. RTI Act relax the Official Secret Act and various other special laws which restrict the disclosure of various information, Also the act codifies a fundamental right of the citizen.
- Right to Information is an integral part of freedom of speech and expression are given in Article 19(1)(a) of the constitution. It has been held to include the right to acquire information, and also it includes right to communicate through any available media whether print, electronic, audiovisual, etc.
- Besides Article 19(1)(a), there are other articles also which give a right to information under Indian constitution, they are:Article 311(2) and 22(1)
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- Article 311(2) provides for a government servant to know why he is dismissed or removed and representation can be made against the order.
- Article 22(1) grounds of detention can be asked by a person.
- Transparency and accountability in administration and mandates timely response to citizen requests for government information. Prior to the act being passed by the Parliament, the RTI laws were successfully enacted by the state governments of:Tamil Nadu (1997)
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- Goa (1997)
- Rajasthan (2000)
- Karnataka (2000)
- Delhi (2001)
- Maharashtra (2002)
- Madhya Pradesh (2003)
- Assam (2002)
- Jammu & Kashmir has its own Right to Information Act 2009.[1]
Salient features of Right to Information Act, 2005
- The term information includes any mode of information in any form of record:Documents
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- Circular
- Press release
- Contract sample
- Electronic data, etc
- Any citizen may request information from the public authority which is required to rely immediately or within 30 days.
- Rights which are available to citizens are:Request any information (as defined)
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- Take copies of documents
- Inspect documents
- Take certified sample of material work
- Obtain information in the form of printouts, floppies, tapes, videos, etc.
- RTI Act overrides the official secret act and other law in force as on 15 June 2005 to the extent of any inconsistency.
- Penalty for refusal to receive an application for information will is INR 250/- per day, which should not exceed INR 25000/- [2]
How RTI can prove to be useful?
In order for citizens to participate effectively in the democracy, they need information about government. Right to Information plays a very important role in providing information about numerous things.
Good Governance
RTI has played a vital in the governance of India. It is important for people to take a meaningful part in the affairs of the society. The people who paid taxes to finance public activities and voted for the formation of democratically elected Governments have legal rights to know as to what process has been followed by the government. It refers to the availability of information to the general public and provides clarity about the functions of government.
It is an important tool for social development and governance, it gives stringent punishment to guilty officials as well as awareness among the people for proper use of RTI. Right to Information helps in fulfilling these objects, and it is a natural corollary of good governance.
Good Governance basically has 4 elements:
- Transparency
- Accountability
- Predictability, and
- Participation
Links between the RTI and Good Governance
The act has an emphasis on good governance, the major elements have been identified, encouraging people’s participation in the development process, transparency, accountability and reduction in corruption.
Greater transparency
Public authority under section 4(1)(d) of the Act is required to provide reasons for its administration and a quasi-judicial decision to the affected person, to facilitate information a citizen has under section 2 (j) of the Act, the right to:
- Taking notes, abstract or certified copies
- Obtaining information in electronic form, if available.
- Inspect of work and documents, and
- Taking certified sample of material
Greater accountability
Every public authority is required to provide a reason for its administrative decision to the person who is affected under section 4 (i) (d) of the Act. The worldwide governance indicators report on 6 dimensions of governance for over 200 countries.
- Government effectiveness
- Political stability and absence of violence
- Rule of law
- Regulatory quality
- Voice and accountability
- Control on corruption [3]
RTI cases under good governance
There are many cases which have proved RTI is useful for Good Governance
Prabhu Dutt vs, Union of India & Ors
The Supreme Court held that the right to know news and information regarding administration of Government is included in the freedom of the press. [4]
SP Gupta vs. Union of India (AIR) 1982 SC (149)
In a country like India which is committed to a socialistic pattern of society, right to know becomes the necessity for poor, illiterate, and ignorant masses. [5]
Learn how to file RTI like an expert
Impact of RTI in rural area
The new legislation bought accountability, responsibility, and sensitivity to the development process in the rural area. The people of the rural area are less aware of knowing and exercising their rights which results in a high rate of corruptions. RTI can break the impact of corruption and provide people their share of interest which is assured them by Government.
An important feature that distinguishes the Right to Information from other rights is that it is rooted in struggle, justice, and concern for the survival of most disadvantaged rural area.
The act influences the rural people to come forward and take the information about the progress of various welfare scheme. RTI is creating a positive change in the backward area of:
- Rajasthan
- Uttar Pradesh
- Bihar, Jharkhand
- Madhya Pradesh
- Karnataka
- Assam, and
- Maharashtra
In Devdungri village, Rajasthan, the first battle to fight corruption by collecting information from public authorities. Aruna Roy, an IAS officer who left her job for the betterment of the people who belong to the village and often cheated because of their illiteracy. Aruna Roy in 1987 along with Nikhil Dey and Shankar Singh founded the Mazdoor Kisan Shakti Sangathan (MKSS).
In 1994 MKSS entered into a new phase breaking new grounds in fighting corruption through the new methodology of jun sunwais (public hearing) this movement shook the foundation of traditional monopoly and corruption of the state bureaucracy because of this the RTI Act that made access to official records available which helped the organization ‘Jun Sunwais’.
RTI is useful for students
In the level or corruption and accountability, the Act has brought positive changes. Students appearing for any competitive or board examination if not convinced with their marks can demand their original sheets under RTI.
RTI for marksheet evaluation and checking answer sheets
RTI for students enables them to check their sheets and file a report if mistakes are found if the correction of the answer sheet. The Supreme Court of India has specifically ruled that students who want to inspect their answer sheet will be allowed to do so under the RTI Act. Before the existence of RTI Act, students were only allowed to apply for re-totaling but could not ask for the revaluation of their answer sheet.
RTI for students is useful in competitive exams which follow the OMR method of answering
RTI for examination which involved Optical Mark Recognition (OMR), the following information can be obtained:
- A copy of OMR sheet
- Marks for all sections, along with the marks received in each.
- Cut-off marks for the category, and for all categories.
- The answer key to compare with the OMR.
RTI is useful for students with regards to educational institution
RTI for students helps in obtaining information. Students may ask their queries, also about the degree and mark sheets which have been issued by the government.
Private universities do not fall under the purview of RTI so students can file the application to public information branch of the concerned state where the institution is established and request them to verify the mark sheet which is issued. [6]
Case where student filed RTI
Gayatri Vishwakarma vs, Union of India on 3 July 2017
In the above case, the petitioner has been given the admission by the University. After following the procedure and after completion of the course of four years, the University did not issue the mark sheet to the student. The student filed the RTI application then she came to know that the University has no recognition to conduct the courses, in which she had been given admission by the University. [7]
Useful for prisoners who seek information under RTI
A prisoner can seek information using their rights about the facilities being made available to them in jail. Nothing can stop a prisoner to seek information under the Right to Information Act. The aim of RTI is to ensure the transparency and accountability in the function of public authority.
An undertrial prisoner
Prisoner of Hyderabad Central who was under trial filed an application with Securities and Exchange Board of India (SEBI) under the Right to Information Act (RTI) for details of the complete list of stock exchanges in India with a copy of their procedural guideline, policy, manual, rules, and regulation, etc.
The applicant mentioned that he had no proper source of income and should be considered as a person below poverty line (BPL) and information should be provided to him free of cost. In the reply, the public information officer (PIO) of SEBI asked the applicant to submit a proof of being BPL against which the applicant approached the First Appellate Authority (FAA) reiterating his stand.
City Civil Court and a District Court judge take notice of earlier judgments, the FAA ruled that the appellant, being prisoner of the jail, is entitled to free information under RTI if considered as the person below the poverty line. The PIO was asked by FAA to provide the information about stock market including study material, free of cost to appellant. There is no necessity to have a certificate regarding income from the competent authority to treat prisoner below the poverty line in case of an under trial. [8]
Tihar prisoners file RTIs to get information
The prisoners’ headquarters, which houses senior officials who carry out administrative work, get two query every day on an average. More than 70 applications were received by them in the month of December 2017, in January 2018 it was 59. Prisoners are exempt from paying RTI applications. Those who are seeking information at Tihar jail is no shortage of help for them.
Information which is asked by the Prisoners:
- Why did we not get lemons this season?
- Are we entitled to two glasses of milk every morning?
- In how many days will I get released?
- Why are we not provided mosquito repellent?
Useful in knowing the decision taken by the government/public funded organization
RTI grant citizens legal right to access information held by their government and know about the functions of government. RTI gives right to know the reason behind any decision which is taken by the government. Over the last 6 years, the RTI has been used rapidly by ordinary citizens to demand information from the government.
Useful to expose abuse if power/authority, arbitrary, decision making etc
Whenever there is corruption in any decision which is taken by the government, to prove such deviation it is important to get all the information and RTI gives the right to the citizen to receive the information regarding the decision taken by the government.
The citizen can ask for:
- The copy of complete file related to the project.
- Copy of bills
- Copy of voucher
- Copy of tender document, etc.
It helps citizens to know about the document which is created and maintained by the government while taking various decisions.
Including the right to seek, receive, and impart information it provides all citizens right to freedom and expression and a guarantee now considered to include an obligation of openness on the part of the government.
Useful to know how the public funds are being utilised
On 6 September 2011, Krishan Lal, a resident of Mumbai asked information from Public Information Officer (PIO) regarding whether Public Health Foundation of India (PHFI) is a public authority under RTI Act or not:
- PHFI’s incorporation and registration documents, and legal status of PHFI.
- Details of funds received by the government on various projects.
- Details of capital expenses and funding pattern of meeting the capital expenses.
- Details regarding the cost of purchase of land for these institutions and copy of registration or certification of land.
- Details of consultancy assignment of various State Government or their agencies.
- Details of students sponsored by the state government or government of India.
PHFI claimed that it was not covered under the provision of RTI Act so there was no scope for the complainant to use the appeal procedure mentioned in the RTI Act, and under section 18 of RTI Act, the bench treated the matter as a complaint.
It was recognized by the Supreme Court of India that the right to information is a fundamental right of every citizen of India under Article 19(1) of the Constitution of India. This fundamental right was codified by RTI Act that every citizen shall have the right to information, subject only to the provision of the RTI Act.
Section 2 (h) of RTI Act defines public authority
Anybody or institution of self-government constituted or established:
- By or under the Constitution,
- By or other law made by Parliament,
- By or any other law made by State Legislature,
- By the notification issued or order made by the appropriate government, which includes:Body owned, controlled or substantially financed;
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- Any non-government organization, directly or indirectly by funds provided by the appropriate government. [9]
Transparency and Accountability
“Improving Transparency and Accountability in government through effective implementation of the Right to Information Act” it is the centrally sponsored scheme which was launched in August 2010. It aims to contribute more transparent and accountable government and aimed to achieve the following output:
- RTI request is filed by the public. The component designed to achieve were:Awareness generation through mass media campaign
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- Simplification of process for filing of RTI requests
- Appeals to central government authorities which includes a portal for the filing of RTI requests in GOI offices.
- Setting up of an institutional mechanism for collaborative working with CSOs and media.
- Consultation meeting of national RTI committee, RTI fellowship, etc.
- Speed disposal of RTI request an appeal, and improvement in quality:Online certificate course on RTI, knowledge management, etc.
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- Setting up of RTI sells in central public authority make the process fast of receipt, monitoring, and disposal of RTI request/appeal
- Improvement in record management.
In the current scenario, RTI is bringing up the transparency and accountability in India. On an average, every year 5 to 8 million RTI queries are filed.
RTI includes the following
- Adequate safeguards have been provided to officers autonomy and accountability can be balanced.
- The penalty for those who use measures for personal inter.
- Judiciary can restrict itself from crossing the boundaries.
- Providing monitoring mechanism for ensuring transparency in the program.
- Encouraging officers to take an honest decision in regard to the success.
- Bringing media under regulation through positive values.
- Defining standard operating procedure and code of conduct. [10]
RTI can challenge corruption and arbitrary action taken by public servant
RTI is a tool to fight against corruption. RTI empowers the people of India against administrative corruption, unresponsive attitude, and irregularities. Every citizen of India is empowered to question, review, audit, assess and examine the government decisions and acts to ensure that decisions are taken in public interest.
Though this corruption can be exposed and also bring light to those officials who are not doing their duties. Particularly in India the RTI has been seen as part of the anti-corruption. People can check any misappropriation and ask information about project and plans.
Information can be sought on the following
- Demand for the information related to the progress made on any complaint filed by a citizen.
- Demand for inspection of any social development work which is in progress or completed.
- Demand for inspecting a government document, register, and records.
- Demand for a sample of material used for construction, drains, and buildings.
Corruption and Human right violation
As per section 24 of the RTI Act, information pertaining to allegations of corruption and the human right violation is not exempt from disclosure and the information should specifically in relation to ongoing departmental victimization, which is a clear case of human rights violation and corruption. [11]
Case: Dr. Amitabh Kumar vs. Indo-Tibetan border police force, January 7, 2010
In the above case, it was held that it is the responsibility of any public authority to any correspondence let alone an RTI application even if the information is refused, providing information of such refusal. Officials will be liable to the penalty in accordance with section 20 (1) for obstructing any manner furnishing an information sought under the RTI Act. [12]
RTI is an instrument for stronger and vibrant democratic process in India
- RTI help people in making an informed choice.
- People have access to the decision-making process. For example: why a ration card is being unduly delayed
- Governance has to be an official conscious of the fact they are liable for omissions during their tenure.
- RTI is playing a critical role in systematic correction rather than limiting it to individual cases.
- RTI Act is a step towards ensuring a stronger and vibrant process in India. [13]
Important judicial pronouncement with reference to RTI
Judiciary has given the various aspects in order to understand the effectiveness of the fundamental right:
- Bennett Coleman v. Union of India
In the above case right to know was realized as a fundamental right for the very first time and consequently, the Supreme Court ruled that the right to freedom of speech and expression guaranteed by article 19 (1) (a) which includes the right to information.
- State of UP v. Raj Narain
In the above case, Supreme Court held that right to receive information from electronic media was included in the freedom of speech.
- People’s Union for Civil Liberties v. Union of India
In the above case, it was stated that the right to information was further elevated to the status of a human right which is necessary to make government accountable and transparent.
[14]
Object of the Act
The main object of the right to information act is:
- To make the fundamental right to information more effective.
- Set up system and mechanism which may help people to easy access.
- Transparency and accountability in governance.
- In public office minimize inefficiency and corruption.
- It promotes people to participate in governance and decision making.
Who can make the decision under RTI Act?
A minister is required to deal with an application unless they have conferred decision making authority by direction.
Decision making is a part of dealing with an application with a range of matter related to an application which includes:
- Process, resource, system, and structure to be appropriate to deal with an amendment application and access.
- Reasonably practicable steps should be considered to attain the view of relevant third party, they would concern about the decision to release information. [15]
Governance of RTI
Two major bodies governed RTI in India:
- Central Information Commission (CIC): Chief information commissioner with their own public information officers directly under the President of India.
- State Information Commissions (SIC): State public information officers directly under the State Governor.
Conclusion
Every citizen has right to know about the decision taken by their government. Right to information codifies the fundamental right of the citizen and no public authority can deny to provide information. It make public officials accountable and liable, nothing can be concealed from. RTI is useful in various ways and provide transparency in the system of the country.
References
[1] Right to Information Act, 2005
https://en.wikipedia.org/wiki/Right_to_Information_Act,_2005(Date of visit is 19/02/18 and the time of visit the site is 3:05 PM IST)
[2] Salient features of RTI
http://www.legaldesire.com/right-to-information-act-2005/(Date of visit is 19/02/18 and the time of visit the site is 4:00 PM IST)
[3] Good governance
https://www.legalindia.com/wp-content/uploads/2013/03/RTI.pdf(Date of visit is 19/02/18 and the time of visit the site is 5:15 PM IST)
[4] Prabhu Dutt v. Union of India
https://indiankanoon.org/doc/671310/(Date of visit is 19/02/18 and the time of visit the site is 6:00 PM IST)
[5] SP Gupta v. Union of India
https://indiankanoon.org/doc/1294854/(Date of visit is 20/02/18 and the time of visit the site is 10:05 AM IST)
[6] RTI for students
http://blog.onlinerti.com/2016/12/27/how-can-students-benefit-from-rti/(Date of visit is 20/02/18 and the time of visit the site is 12:05 PM IST)
[7] Gayatri Vishwakarma v. Union of India
https://indiankanoon.org/doc/85482914/(Date of visit is 20/02/18 and the time of visit the site is 3:00 PM IST)
[8] RTI for prisoners.
http://www.rtifoundationofindia.com/information-be-provided-free-under-trial-prisoner-3000#.Wo5Ls1pubIU(Date of visit is 20/02/18 and the time of visit the site is 6:05 PM IST)
[9] RTI to know how funds are being used by government.
https://www.moneylife.in/article/rti-judgement-series-a-body-substantially-funded-controlled-by-govt-is-a-public-authority/34621.html(Date of visit is 22/02/18 and the time of visit the site is 10:15 AM IST)
[10] RTI ensures more transparency and accountability.
http://dopt.gov.in/schemes/improving-transparency-and-accountability-government-through-effective-implementation-right(Date of visit is 22/02/18 and the time of visit the site is 12:05 PM IST)
[11] Corruption and arbitrary action can be challenged by RTI.
http://ijldai.thelawbrigade.com/wp-content/uploads/2018/01/Aparajita.pdf(Date of visit is 22/02/18 and the time of visit the site is 3:00 PM IST)
[12] Case: DR. Amitabh Kumar v. Indo-tibetan border police force.
https://indiankanoon.org/doc/181521976/(Date of visit is 22/02/18 and the time of visit the site is 4:15 PM IST)
[13] An instrument for stronger and vibrant democratic process.
https://indiankanoon.org/doc/181521976/(Date of visit is 22/02/18 and the time of visit the site is 4:45 PM IST)
[14] Judicial Pronouncement relating to RTI.
http://docs.manupatra.in/newsline/articles/Upload/AC9CD2C7-B8AD-4C5A-B910-3751BFE5CB28.pdf(Date of visit is 22/02/18 and the time of visit the site is 5:20 PM IST)
[15] Who can make the decision under RTI.
https://www.oic.qld.gov.au/guidelines/for-government/access-and-amendment/processing-applications/who-can-make-decisions-under-the-rti-act-and-the-ip-act(Date of visit is 22/02/18 and the time of visit the site is 6:15 PM IST)
