RTI An Indespensable tenant of Democracy

8/7/2019 RTI An Indespensable tenant of Democracy

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RIGHT TO INFORMATION AN INDESPENSABLE TENANT OF

DEMOCRACY

"Information is the oxygen of the modern age. It seeps through the walls topped by barbed

wire, it wafts across the electrified borders."

India got Independence in 1947 and proclaimed itself a Republic in 1950, with a great

Constitution. However, in practice, brown elite replaced the white masters and Swaraj never

came. Mahatma Gandhi had said, Real Swaraj will come not by the acquisition of authority

by a few but by the acquisition of capacity to resist authority when abused. A few did

acquire the authority and retained it, but the capacity to resist misuse of authority eluded the

average Citizen of India. Right to Information (RTI) now empowers him to do that. The

Right to Information is derived from our fundamental right of expression under Article 19 of

the Constitution of India. If we do not have information on how our Government and Public

Institutions function, we cannot express any informed opinion on it. This has been clearly

stated by various Supreme Court judgments, since 1977.

The right to Information is the right of the public to know how certain decisions are taken,

how the expenditure is incurred by the public authorities and the various aspects offunctioning of a public authority.

No democratic government can survive without accountability, and the basic postulate of

accountability is that the people should have information about the functioning ofgovernment. It is only if people know how Government is functioning that they can fulfill the

role which democracy assigns to them and make democracy a really effective participatorydemocracy.

Thus, right to information and transparency in the Government system is as much important

as air and water for surviving of human being.

As Justice Krishna Iyer in the Maneka Gandhi case1

said a government which functions in

secrecy not only acts against democratic decency, but also buries itself with its own burial.Therefore if look at the concept of power we can note that power corrupts and absolute power

corrupts absolutely. There is a certain danger that despite several efforts for welfare purposes,the power may be used arbitrarily and for corrupt goals.

Therefore a right to know is necessary to handle the affairs related to executive and provides

an platform for people to participate in governance with proper knowledge.

The Need of Right to Information

1.A.I.R. 1978 SC 597


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In recent years, there has been an almost unstoppable global trend towards recognition of theright to information by countries, intergovernmental organizations, civil society and the

people2. The right to information has been recognized as a fundamental human right, which

upholds the inherent dignity of all human beings. The right to information forms the crucial

underpinning of participatory democracy - it is essential to ensure accountability and good

governance3.

The greater the access of the citizen to information, the greater the responsiveness of

government to community needs. Alternatively, the greater the restrictions that are placed on

access, the greater the feelings of 'powerlessness' and 'alienation'. Without information,

people cannot adequately exercise their rights as citizens or make informed choices4.

Mazdoor Kisan Shakti Sangathan (MKSS) in the rural areas of Rajasthan first brought the

RTI on the agenda of the Nation. Nine States had enacted the Right to Information Acts

across India. On 11 and 12 May, 2005, the two houses of Parliament passed the Right to

Information Act as Act 22 of 2005. This has now become operational from 12 October, 2005

- significantly Vijayadashmi. Right to Information (RTI) existed since the day the

Constitution of India was framed. The present Act only gives procedures.

The Right to Information derives its basis from three sources. First, is the constitutional basis

derived from Article 19(1) (a) of the Indian constitution which states that All citizens have

the right to freedom of speech and expression . The second basis for RTI is democratic. India

is a democracy where the government is of the people, by the people for the people. The

public servants derive power from the people as they are either elected by the people directly

or indirectly; or nominated by the people directly or by representatives of the people.

Therefore they exercise power on behalf of the people. The third basis for RTI is logical. The

Citizens pay taxes. They have a right to know how their money is being spent, by whom,

when and where their money is being spent.

What is Right to Information?

A popular government without popular information or the means of obtaining it is but aprologue to a farce or tragedy or perhaps both. Knowledge will forever govern ignorance, and

people who mean to be their own governors must arm themselves with the power knowledgegives. JAMES MEDISON

Openness and accessibility of people to information about the functioning of the government

is a vital component of Democracy. In most of the democratic countries, the right to know is

now a legal right. Democracy is no longer perceived as a form of the government where

people vote a government in office, at regular intervals and retire into passivity after theelections are held. Today people want to have a say in the manner they are governed in themajor issues affecting their lives. And such participation can be effective only if the people

have proper information about the way the government business is transacted.

2.www.infochangeindia.org/RighttinfoIbp.jsp

3.www.rti.gov.in/news/need-for-right-to-information-stressed

4.www.orissagov.nic.in/.../Orissareview/Feb-march2006/engpdf/right_to%20information_act%20-

%20an_imperative.pdf


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The Right to Information is a fundamental Human Right. It is the key to DEMOCRACY andDEVELOPMENT, making participatory democracy meaningful, cementing trust in

government, supporting people centered development, facilitating equitable economicgrowth, tackling corruption and bolstering media capacity

The Right to Information Act, in its original form, stands for everything that's best about

India as a democracy. Fight for it!

Relevance of Right to Information in Indian Constitution

The notion of right to information gained momentum when Article 19 of the Universal

Declaration of Human Rights was adopted in 1948 ensuring Everyone has the right to freedomof opinion andexpression; this right includes freedom to hold opinions without interference

and to seek, receiveand impart information and ideas through any media and regardless offrontiers.5 Also the International Covenant on Civil and Political rights 1966 says that

Everyone shall have the right to freedom of expression, the freedom to seek and impartinformation and ideas of all kind, regardless of frontiers.6

After several sustainable grassroots campaigns and political will on the part of theGovernment, the long awaited Right to Information Act, 2005 got the ratification of both the

Houses of Parliament on 12th May, and came into force from 12th October, 2005. India cannow proudly boost of being one of the 55 countries that have comprehensive laws to protect

the citizens' right to information. One of the major objectives of Indian Constitution

according to the preamble is to secure liberty of thought and expressions to the citizens of

India through Article 19(1) (a) of the constitution. The freedom of speech and expression

means the right to express ones convictions and opinions and also to seek, receive and

impart information and ideas, either orally or by written, or printed matter or by legally

operated visual and auditory devices, such as the radio, cinematograph, loudspeakers and the

like. In short, it is the freedom to communicate ones ideas through any medium. Expression,

probably, presupposes a second party to whom the ideas are expressed or communicated. It

thus includes the freedom of propagation of ideas, their publication and circulation. The

fundamental right to speech and expression can never be exercised until and unless the

information regarding public matters is being circulated.

The right of information is an inalienable component of freedom of speech and expression

guaranteed by Article 19(1) (a) of Indian constitution. As early as in 1976, the Supreme Court

said in the case of Raj Narain vs State of UP7, which people cannot speak or express

themselves unless they know. Therefore, right to information is embedded in article 19. In the

same case, Supreme Court further said that India is a democracy. People are the masters.

Therefore, the masters have a right to know how the governments, meant to serve them, are

functioning. Further, every citizen pays taxes. Even a beggar on the street pays tax (in the

form of sales tax, excise duty etc) when he buys a piece of soap from the market. The citizenstherefore, have a right to know how their money was being spent. These three principles were

laid down by the Supreme Court while saying that RTI is a part of our fundamental rights.

5Article 19, The Universal Declaration of Human Rights , Retrieved on 12th December2010 from the Official Site of The Universal Declaration of Human Rights,http://www.un.org6 Article 19(2), The International Covenant on Civil and Political rights 1966, Retrieved

on 12th December 2010 from Official site of The Office of the United Nat ions HighCommissioners for human Rights, http://www2.ohchr.org71975 AIR 865


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The Supreme Court of India in Bennet Coleman case8

while taking into account the Newsprint control order, allotment of newsprint to a newspaper was restricted, held that such

restriction had not only infringed newspaper s right to freedom of speech but also readersright to read was cut down. And the readers right to access the newspaper was his right to

information which was implicit in the right to Right of freedom of speech. Similarly in SP

Gupta case9

the SC observed that the people of this country have a right to know every

public act, everything that is done in a public way, by those functionaries. They are entitled toknow the very particulars of every public transaction.

Beside Article 19(1) (a), the other articles which give right to information under Indian

constitution are Articles 311(2) and 22(1). Article 311(2) provides for a govt. servant to know

why he is being dismissed or removed or being demoted and representation can be made

against the order. By way of Article 22(1) a person can know the grounds for his detention. In

Essar Oil Ltd v. Halar Utkarsha Samiti, the SC held that right to information emerges from

right to personal liberty guaranteed by article 21 of constitution10.

ACCESS TO INFORMATION KEY TO DEMOCRACY AND DEVELOPMENT

There is a strong relationship between intellectual freedom and the right to information. In

other words, the concept of the right to information is based on the concept of the freedom of

information. Freedom of information means intellectual freedom. Both intellectual freedom

and the right to information are human rights, which protect the human life and human

development. However, human rights, which protect our lives, need to be protected by a full

democracy in the country. If there is not a full democracy, all members of the society can

participate in the decision-making process and for this reason they need the right to

information. Unless there is a true democracy in a country, the problem of the right to

information cannot be solved, fully.

The hallmark of a meaningful democracy is the institutionalization of transparent and

participative processes which give the electorate access to information about the government

it has brought to power and enables it to make an informed decision to remove thatgovernment from power, if it so chooses. Yet laws favouring governmental secrecy dragged

on for half a century after India became a democratic republic. Even as the Freedom ofInformation Act, 2002 came into effect from 6th January 2003, the government continued to

grope for pretexts to justify withholding information from the citizen. The Act was criticizedbecause it contained too many exemptions, which were arbitrary and unjust. Pursuant to the

Supreme Court's judgment in Union of India v. Association for Democratic Reforms11

thegovernment suggested major amendments in the Freedom of Information Act, 2002. The

court held that the freedom of speech and expression includes right to impart and receive

information which includes freedom to hold opinions, and therefore, covers right to getmaterial information with regard to a candidate who is contesting election for a post which is

of utmost importance in the democracy. However, the Freedom of Information Act, 2002 was

never put into force. The judgment also constrained the President to pass an ordinance that

8AIR1973 SC 106

9AIR1982 SC 149

10AIR 2004 SC 1834

11. 1 (2002) 5 SCC 294


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modified the Representation of the People Act, 1951, making disclosure of criminalproceedings, assets, liabilities and educational qualifications in a pre-election affidavit, non-

mandatory. Finally the Right to Information Act was passed in 2005 which mandated a legal-institutional framework for setting out the practical regime of right to information for every

citizen to secure access to information under the control of public authorities. It prescribes

mandatory disclosure of certain information to citizens, and stipulates Public Information

Officers (PIOs) and Assistant Public Information Officers (APIOs) in all public authorities toattend to requests from citizens for information within stipulated time limits

12.

The importance of the right to information lies in its role in enforcing democratic

accountability. This right is important not only for the exercise of political and civil rights but

also social and economic rights. Independent information is also important for the people to

make informed choices. Amartya Sen, Nobel Prize winner for economics has remarked, "You

don't have famines in a country that has a free press." The right, it is argues, is directly related

to survival rights and basic needs such as food, water and health. For instance, it is the lack of

access to information on AIDS and government's reluctance to impart sex education that has

worsened a public health crisis. People must have access to information regarding theenvironment and the impact of certain things and activities on the environment. In the context

of one of the most pressing problems of modern day governance, the right to information is apotent tool for countering corruption. If government is to be clean and accountable there must

be access to information13

.

Fallacy in the Act

"Information is a source of learning. But unless it is organized, processed, and available to

the right people in a format for decision making, it is a burden, not a benefit."

Theoretically this act is very good but it suffers from many inadequacies ..

This act empowers the people to gather information. But the problem is that when 35% of the

population is illiterate, then how anyone could expect that people will demand information.So I suggest the government to make more serious efforts towards improving the Literacy

level. The act lacks necessary teeth for defaulters. In cases where information has beendenied without sufficient cause, the penalty is not so harsh enough so as to have a deterrent

effect on those who do not want to share information.

The official mindset is a very big obstacle in the progress of this act. No official in normal

condition wants to share information. They generally prefer not to share information, and

therefore people find it very difficult to secure information from them. The act itself provides

for several grounds on which the public information officer turn down the application.

Although one is allowed to appeal to next higher authority but this is just making the matterworse.

12. www.corecentre.org/RTI_Focus1 - 61k

13. www.corecentre.org/RTI_Focus1


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The act being based on computerized records of data, it may take a long time incomputerization of such vast data and therefore the doubt hangs over whether the act would

be implemented in a time bound manner.

ConclusionThe Right to information is a sine quo non of democratic polity. This right is important not

only for the exercise of political and civil rights but also social and economic rights.Independent information is also important for the people to make informed choices.

Information always empowers people and ensures transparency of administration .But

peoples access to information is very limited because of the fact that mechanism is not so

effective and mans brain deliberatively holds back information. The Right to Information

Act 2005 seems to be an effective legislation but what about its effective implementation. In

order to implement Right to Information to its full extent need of social group is must. As

they campaigns for the enactment and use of a right to information law that is effective and

accessible to all, and supports peoples efforts at developing the ability and motivation to use

the right to information for addressing individual and social problems.

And it requires aware and educated people who can use it for their welfare. So governmentfirst needs to ensure that a majority of population becomes educated so that this act may

survive for a longer period and serve the deprived and poor people of this country. Also ahigh order Judicial Activism is also necessary regarding the implementation. If it succeeds in

its purpose it will necessarily increase public participation.

RTI An Indespensable tenant of Democracy

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