Historical Background
There are seven unique elements of “governance” outlined by a World Bank Report in the year 1992, two of which are accountability as well as transparency & information in its pursuit of “good governance.” Historically speaking, public outrage over the repression of information, press censorship, and misuse of authority during the Internal Emergency of 1975—1977 led to the first political adherence to the citizen’s right to information that emerged on the eve of the Lok Sabha Elections in 1977.
The UPA Government’s Common Minimum Program included a commitment to the Right to Information, and the National Advisory Council (NAC), which was presided over by Congress President Sonia Gandhi until March 2006, handled a large portion of the necessary work. On 15-06-2005, the Parliament passed the Right to Information Act, 2005, and ten days later the President gave his assent.
Right To Information Act, 2005
The Act is one of the most important acts which empower the citizens to question the government and its work. This has been widely used by the citizens and media to uncover Corruption, progress in government work, expenses – related information, etc.
The goal of RTI Act is to empower citizens, promote openness and accountability in government operation, combat corruption and make our democracy truly function for the people.
All constitutional authorities, agencies owned and controlled, also those organizations which are substantially financed by the government come under the purview of the act. The act also mandates authorities to provide timely response to the citizens’ request for information.
What type of information can be requested through Right to information?
The citizens can seek any information from the government authorities that the government can disclose to the parliament. Some information that can affect the sovereignty and the integrity of the India is exempted from the purview of RTI.
Objectives of the RTI Act
- Empower Citizen to question the government.
- The act promotes transparency and accountability in the working of the government.
- The act envisages building better-informed citizens who would keep necessary vigil about the function of the government machinery.
- In the case of the Central Board of Secondary Education & Anr. Vs. Aditya Bandopadhyay & Ors. . The preamble to the Act declares the object sought to be achieved by the RTI Act thus:
- “An Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto. Whereas the Constitution of India has established democratic Republic; And whereas democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed; And whereas revelation of information in actual practice is likely to conflict with other public interests including efficient operations of the Governments, optimum use of limited fiscal resources and the preservation of confidentiality of sensitive information; And whereas it is necessary to harmonize these conflicting interests while preserving the paramountcy of the democratic ideal.”
Significance of Right to Information
- The RTI act 2005, empowers the citizen to question the secrecy and abuse of power practiced in governance.
- The information can be regarded as a public good, for it is relevant to the interest of citizens and is a crucial pillar for the functioning of a transparent and vibrant democracy.
- The Supreme Court has, in several judgments, held that the RTI is a fundamental right flowing from Articles 19 and 21 of the Constitution, which guarantee citizens the freedom of speech and expression and the right to life, respectively.
Recent Amendments
- The RTI amendment Bill 2013 removes political parties from the ambit of the definition of public authorities and hence from the purview of the RTI Act.
- The draft provision 2017 which provides for closure of case in case of death of applicant can lead to more attacks on the lives of whistleblowers.
- The proposed RTI Amendment Act 2018 is aimed at giving the Centre the power to fix the tenures and salaries of state and central information commissioners, which are statutorily protected under the RTI Act. The move will dilute the autonomy and independence of CIC.
- The Act proposes to replace the fixed 5-year tenure with as much prescribed by the government.
Latest Interesting Judgments on Right to Information
Chargesheet and Final reports not equivalent to FIRs can’t be published on state websites for public access:
In a plea seeking free public access to chargesheets and final reports filed as per Section 173 of Criminal Procedure Code, the bench of MR Shah and CT Ravikumar, JJ. has held that the States cannot be directed to put such information on their websites
– “Saurav Das v. Union of India”,2023 SCC Online SC 58.
Right to Information vis-a-vis Right to Privacy; SC invokes doctrine of ex debito justitiae to hear HDFC’s plea challenging RBI directions mandating disclosure of confidential & sensitive information:
In a case raising a significant question of law as to whether the Supreme Court’s decision can be challenged in a writ petition after attaining finality? The Division Bench of B.R. Gavai* and C.T. Ravikumar, JJ., rejected the interlocutory application challenging the maintainability of the writ petition while holding that though the concept of the finality of judgment must be preserved, at the same time, the principle of “ex debito justitiae1” cannot be given a go bye. The Court added “To err is human, and the Courts including the Apex Court are no exception.”
– “HDFC Bank Ltd. v. Union of India, 2022 SCC Online SC 1337.
Conclusion
- The RTI Act has not achieved its full objectives due to some impediments created due to systematic failures. It was to achieve social justice, transparency and to make an accountable government.
- This law provides us with a priceless opportunity to redesign the processes of governance, particularly at the grassroots level where the citizens’ interface is maximum.
- It is well recognized that the right to information is necessary, but not sufficient, to improve governance. A lot more needs to be done to usher in accountability in governance, including protection of whistleblowers, decentralization of power and fusion of authority with accountability at all levels.
Written by – Harshit Tiwari
Hello there, You have performed an incredible job. I will definitely digg it and individually suggest to my friends. I am sure they will be benefited from this web site.
I really like gathering useful info, this post has got me even more info! .
Great write-up, I’m regular visitor of one’s site, maintain up the excellent operate, and It’s going to be a regular visitor for a lengthy time.
Its like you read my mind! You appear to know a lot about this, like you wrote the book in it or something. I think that you could do with a few pics to drive the message home a bit, but instead of that, this is fantastic blog. A great read. I will certainly be back.
I think other website owners should take this site as an model, very clean and fantastic user pleasant design.
I have recently started a site, the information you provide on this site has helped me greatly. Thanks for all of your time & work.
Some truly nice stuff on this website , I like it.
I do not even know how I ended up here, but I thought this post was good. I don’t know who you are but definitely you are going to a famous blogger if you are not already 😉 Cheers!
I just could not depart your website prior to suggesting that I really enjoyed the usual info an individual supply for your guests? Is going to be again continuously to check up on new posts.
Sweet site, super design, real clean and utilise pleasant.
I saw a lot of website but I think this one has got something extra in it in it
Lovely just what I was looking for.Thanks to the author for taking his time on this one.
I used to be recommended this web site by means of my cousin. I am not certain whether or not this put up is written through him as no one else understand such precise approximately my problem. You are wonderful! Thanks!
Hi! Do you use Twitter? I’d like to follow you if that would be ok. I’m definitely enjoying your blog and look forward to new updates.
I just like the helpful info you supply for your articles. I’ll bookmark your weblog and check again here frequently. I’m quite certain I will learn many new stuff right right here! Good luck for the following!
Hi, i think that i saw you visited my weblog so i came to “go back the choose”.I’m attempting to find things to enhance my website!I suppose its adequate to use some of your ideas!!
I really liked your blog articleReally looking forward to read more Fantastic
you’re actually a good webmaster. The web site loading pace is incredible. It kind of feels that you are doing any distinctive trick. In addition, The contents are masterwork. you have performed a great job in this topic!
Thanks for sharing excellent informations. Your web-site is very cool. I’m impressed by the details that you¦ve on this site. It reveals how nicely you perceive this subject. Bookmarked this website page, will come back for more articles. You, my pal, ROCK! I found simply the info I already searched all over the place and just couldn’t come across. What a great website.
I am often to running a blog and i really recognize your content. The article has actually peaks my interest. I am going to bookmark your website and preserve checking for new information.
You are my intake, I own few blogs and often run out from to post : (.
hello!,I like your writing very much! share we communicate more about your article on AOL? I require an expert on this area to solve my problem. May be that’s you! Looking forward to see you.
I’m not sure where you’re getting your info, but great topic. I needs to spend some time learning more or understanding more. Thanks for fantastic information I was looking for this information for my mission.
Regards for this post, I am a big fan of this internet site would like to continue updated.
The crux of your writing while sounding agreeable in the beginning, did not sit perfectly with me personally after some time. Someplace throughout the paragraphs you actually were able to make me a believer but only for a while. I nevertheless have got a problem with your leaps in assumptions and one might do nicely to help fill in those gaps. In the event that you actually can accomplish that, I would certainly end up being impressed.
You made some decent points there I looked on the internet for that problem and located most people will go in addition to with the web site
I believe this web site has some really great info for everyone : D.
Whats Happening i’m new to this, I stumbled upon this I’ve found It absolutely helpful and it has helped me out loads. I hope to give a contribution & help different customers like its aided me. Good job.
Hi there, just became alert to your blog through Google, and found that it is truly informative. I’m going to watch out for brussels. I’ll appreciate if you continue this in future. Numerous people will be benefited from your writing. Cheers!
I have been examinating out some of your posts and i can claim clever stuff. I will make sure to bookmark your site.
I do believe all of the ideas you have introduced for your post. They are really convincing and can definitely work. Nonetheless, the posts are very quick for beginners. May just you please prolong them a little from next time? Thanks for the post.
I dugg some of you post as I cogitated they were very beneficial handy
great post.Ne’er knew this, thankyou for letting me know.
Excellent web site. Lots of helpful info here. I’m sending it to a few buddies ans additionally sharing in delicious. And of course, thank you on your sweat!
You could certainly see your enthusiasm in the paintings you write. The world hopes for more passionate writers such as you who are not afraid to say how they believe. At all times follow your heart.
I like what you guys are up also. Such clever work and reporting! Carry on the excellent works guys I have incorporated you guys to my blogroll. I think it’ll improve the value of my site 🙂
Woh I enjoy your posts, saved to my bookmarks! .
What i don’t understood is in fact how you are now not actually a lot more smartly-preferred than you may be right now. You’re very intelligent. You realize thus significantly in terms of this matter, produced me individually imagine it from numerous various angles. Its like men and women are not involved until it’s one thing to do with Lady gaga! Your personal stuffs outstanding. At all times deal with it up!
The other day, while I was at work, my sister stole my apple ipad and tested to see if it can survive a 30 foot drop, just so she can be a youtube sensation. My iPad is now destroyed and she has 83 views. I know this is entirely off topic but I had to share it with someone!
It’s hard to find knowledgeable people on this topic, but you sound like you know what you’re talking about! Thanks
The crux of your writing while sounding reasonable at first, did not settle properly with me after some time. Somewhere throughout the sentences you were able to make me a believer but only for a very short while. I nevertheless have a problem with your jumps in assumptions and you might do well to fill in all those breaks. In the event that you actually can accomplish that, I could undoubtedly be fascinated.
F*ckin¦ tremendous things here. I¦m very happy to see your post. Thank you a lot and i am taking a look forward to touch you. Will you please drop me a e-mail?
I like the comprehensive information you provide in your blog. The topic is kinda complex but I’d have to say you nailed it! Look into my page FQ4 for content about Cosmetics.
Hi, just required you to know I he added your site to my Google bookmarks due to your layout. But seriously, I believe your internet site has 1 in the freshest theme I??ve came across. It extremely helps make reading your blog significantly easier.
Keep working ,terrific job!
Today, while I was at work, my sister stole my apple ipad and tested to see if it can survive a twenty five foot
drop, just so she can be a youtube sensation. My apple ipad is now destroyed and she has
83 views. I know this is completely off topic but I had to share it with someone!!
Good day! Do you know if they make any plugins
to help with SEO? I’m trying to get my blog to rank for some targeted keywords but
I’m not seeing very good gains. If you know of any please share.
Thanks! I saw similar blog here: Wool product
However there are some cases if you may also help preserve or improve the aquatic ecosystem by not throwing again sure fish.
sugar defender official website Discovering Sugar Protector has actually been a game-changer
for me, as I have actually constantly been vigilant regarding managing my blood sugar levels.
I now feel empowered and confident in my capability to keep healthy levels, and
my latest health checks have actually mirrored this progression. Having a reliable supplement to enhance
my a massive source of convenience, and I’m truly glad for the substantial
distinction Sugar Protector has made in my overall
health.
I don’t think the title of your article matches the content lol. Just kidding, mainly because I had some doubts after reading the article.