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ABSTRACT
The actual Democracy ought to be found with the approach of informed citizens sufficiently
equipped to participate actively and uprightly in the administration of the country. If Transparency, accountability and people’s participation are the directions for preserving good
governance and operating the public establishment. The access to information is an important
machinery for the change of the society. Right to information act aids to accomplish the
same. part from assuring better accountability and transparency, it also acts as an obstacle
against the misuse of power. !o RTI ct undoubtedly strengthens the administration.
The ct played an important role in bringing public revolution in the country to achieve good
governance. It is the ma"or weapon to fight against the arbitrariness and corruption. Today in
India there is a high rate of corruption in all the stages. ccountability cannot be rigid if there
is no transparency. There should be minimal secrecy and ma#imum disclosure. The main
burden of Right to information act is to revise the culture of the confidentiality and
remoteness that has deeply engrossed India’s rigid and gloomy bureaucracy. The act gave
larger impact on the condition of the life of poor and oppressed. There have been many
affirmative revisions and changes in the level of accountability and transparency, since last
ten years.
Right to information ct is an important instrument that can bring many social benefits. The
essence of RTI act is to construct information dispensation government where the individual
can access information in an easy way. $esides "ust providing information, the ct in many
parts of the world acted as an effective protector in ma%ing the system wor% according to the
rules and regulations without any deviation. t present RTI ct in India is going through a
definitive phase and needed to bring much awareness among people to ma%e it much more
effective and to facilitate to its development. The present paper is an effort to debate the
ma"or significance of the good governance, eradication of the corruption in India through
Right to information act and the role of RTI ct in good governance. The paper even tries to
determine the implementation of the RTI ct in India.
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TABLE OF CONTENTS
ABREVATIONS 03
INTRODUCTION 04
BACKDROP 06
RTI IN LEGAL AND CONSTITUTIONAL ASPECT 07
RTI AND GOOD GOVERNENCE 11
RECOMMONDATIONS FOR REFORMING
TRANSPARANCY POLICIES 15
EXCLUSION INSTITUTIONS 16
IMPLEMENTATION OF TRANSITIONAL
DEMOCRACY THROUGH RTI 17
CONCLUSION 20
BIBLOGRAPHY 21
REFRENCES 21
2
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ABREVATIONS
RTI & RI'(T T) I*+)RTI)* -T
-$! & -*TR/ $)RD )+ !-)*DR0 D1-TI)*
TI & DIT*- T) I*+)RTI)*
+)I! & +RD) )+ I*+)RTI)* -T
2I) & 21$/I- I*+)RTI)* )++I-R
-!) & -I3I/ !)-IT0 )R'*I4TI)*
-I- & -*TR/ I*+)RTI)* -)I!!I)*
2I/ & 21$/I- I*TR!T /ITI'TI)*
3
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INTRODUCTION
The fight for the right to information is the fight for the survival of democracy in India. The
sta%es are too high for us ever to give up. !o we will never give up.5
6A!"#$ K%&"'()
It is not frequent that a legislation grips a central area in a democracy, gets approved by the
2rime inister of the country, 7or converts the cherished contrivance of the civil society. It is
perchance this characteristic of the Right to Information 89RTI5: that certifies that it will not
vanish from public remembrance. The contraption under the ct has given some momentous
orders giving citizens entry to information related to -$! $oard 2apers,; accounts of
political parties,
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have the appointments of a court, they should have a "uridical member. The author has
reprimanded the "udgment as a caisson of "udicial activism and has built a case for %eeping up
status quo, beneath which information officers are intimately managerial organization. C It is a
well6%nown convention of law that no right is sheer in nature, and the e#ercise of each right is
sub"ect to feasible hindrance. The right to information is no e#ception, and its e#ercise issub"ect to section of the ct, which ta%e account of the classes of information that are
discharged from e#posure. The RTI ct has come a long way since its commencement as the
footing of clarity and blameworthiness in the pattern of Indian governance. hile the
provisions are all in place, there is a long way to go in terms of developing its application.
dmittance to Information 8TI: is a necessary step in providing clearness and accountability
in government schemes and processes. hen a government is transpicuous, there is minor
chance for corruption and higher room for accountability. That’s why +reedom of Information
cts 8+)Is: is turning good standard practice in the international field. The RTI mostly
understood as the .right to approach information clutched by public authorities. It is not "ust
an obligation of the citizensJ but also a qualification to good governance. To be specific,
dmittance to Information creates democracy more dynamic and meaningful and grants
citizens to ta%e part in the governance schemes of the county. In particular, it gives power to
typical citizens, especially those who are inhabitants of rural areas. hen people have TI,
they contribute to ma%ing more weighty decisions, boost informed opinions, control policies
were touching their society and even designed a more established future for the ad"oining
generation. RTI has been recognized in !wedenF for over ;@@ years. *otwithstanding, over
the last ten years it has ameliorated recognition all over the regions of the world. hile
complementary legislations were embraced only by 7< countries in 7EE@, but now it has
grown to ?; or more, and such comparable pieces of legislations are under effective
deliberation in many other countries. In India, RTI ct was popularized in ;@@? and since
then this law has verified to be a strong machinery in the hands of people, for protecting
transparency in government agencies and having corruption.
6 *aib, supra note >, at ;7C 89The 1nion 'overnment has filed a review petition before the !upreme
-ourt. It is hoped that the 1nion of India will argue the case better in review than it did in the original
petition and the -ourt will address the issues arising out of the earlier "udgment as pendency of cases
remains a big problem5:.
7 !wedish +reedom of the 2ress ct, 7FCC
8 RTI-/ 7E elcomes 1*!-) Declaration on Right to Information, 2ress Release, RTI-/ 7E, > ay;@7@. ccessible atKwww.article7E.orgBpdfsBpressBarticle67E6welcomes6unesco6declaration6on6right6to6information.pdfL
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India’s right to information act is stated as one of the world’s finest law with a sterling
implementation trac% report. It is one of the most entrusted and most reformist legislations
passed in the post6Independent India. E +rom the day the ct came into effort, sophisticated
citizenry had declared adopting the law by constructing information requests in classification
get the police to act or get their privileges of food grain under public allocation system or
bring to light the nefarious officials.7@ ost profound provision of the ct is that the
information claimant needs not to commit any reason for it or prove his locus stand. The
wor% of implementing the law is not without considerable challenges. 77 Death of competent
public awareness in rural areas, absence of suited organization to accumulate and distribute
information, lac% of holding power of the public information officers 82I)s: to tac%le with
the requests, governmental mindset and notion etc.7;
BACKDROP
-ivil society organizations in India have made ma"or progress in last few years in promoting
the adoption and drafting of access to information laws. ll states in the region now have
such laws on the statute boo%s. )ther civil society organizations 8-!)s: have followed up on
these successful adoption campaigns with a range of activities to promote implementation,
including training of public officials, awareness6raising among civil society, and monitoring
the functioning of such laws through questionnaires and by filing requests to test levels of
9 1nderstanding the .Mey Issues and -onstraints. in implementing the RTI ct,
2ricewaterhouse-oopers in association with IR$, ;@@E. ccessible at K
httpABBrti.gov.inBrticornerBstudybypwcBinde#6study.htmL N !afeguarding the RTI . Report of the
2eople.s RTI ssessment ;@@, RTI ssessment and nalysis 'roup and *-2RI, )ctober ;@@E.
ccessible at KhttpABBrti6assessment.orgBe#eOsummOreport.pdfL
10 'uide on Right to Information ct, ;@@?, 'overnment of India.KhttpABBrti.gov.inBRTI-ornerB'uideonrti.pdfL
11 David $anisar, +reedom of Information around the orld 6 'lobal !urvey of ccess to
'overnment Information /aws, 2rivacy International, ;@@C.
Kwww.sspa.itBshareBpagineB7C
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responsiveness. 2roblems identified through an e#ercise of the right to file requests for
information often point to wea%nesses in the design of these new laws and to flaws that can
reduce the 2rospects for full implementation. The emerging body of %nowledge of how to
protect and promote the right to information in India is of great value to anti6corruption
practitioners and beyond.
During a one6year period between Pune ;@@> and ay ;@@?, Transparency department
monitored and tested the freedom of information acts in many cities. Together with the
government bodies, the officials wor%ed to improve the legal framewor% on access to
information, test implementation of the new transparency laws, provide assistance to
information requesters, and prepare legal advice for those see%ing to secure access. The )pen
!ociety Institute gave support for these activities.
9The ways to promote social accountability is by strengthening transparent mechanisms,
independent media and tools such as citizen "uries, social audits, citizen report cards and the
legislative inclusion of people, etc.
Though these are ta%en on one hand, we, on the other hand, were wea%ening the e#isting
mechanisms, for e#ample, RTI 8mendment: $ill. The one of the primary tool we learned is
access to information which is also a most powerful and efficient one in the recent years.
There has been a relentless effort towards recognizing RTI as a fundamental right. )ur RTI
though is a hard6won entitlement it is facing many obstacles in its implementations. There are
also plenty of e#amples on how this law has implied to the livelihoods by providing much6
needed info. It has empowered the individuals to become an effective participant in
disclosure ma%ing RTI as a critical tenet of participatory democracy.
)ur own RTI ct passed on Pune 7?, ;@@? came fully into force on )ct 7;.the act well
ac%nowledges the fact that democracy requires an informed citizenry and Transparency and
to curb corruption these revelations sometimes come into conflict with efficient operations of
government’s preservation of confidential, sensitive information. It is necessary to harmonize
these impediments without forgetting the democratic ideal.
Though this act has got certain defects in its e#ertion, its practicality lead to %nowledgeable
choices and a choice of participatory democracy. There was an amendment bill in ;@7; which
was a response to the -I- getting the political parties to the boundary of RTI.
RTI IN LEGAL AND CONSTITUTIONAL ASPECT
The bill for freedom of information which was in congruence with both article 7E of the
-onstitution and the 1niversal Declaration of (uman Rights, passed on 7Cth December ;@@;
could assist in an entire and substantial people’s participation in governance which is
essential to parliamentary democracy. )nly ;@ out of ;@@ countries have laws for thefreedom of information. 3arious provisions of the Indian vidence ct 7F; have a
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pro#imate demeanor on the duty of a public servant to give e#act information to the public.
!ection ;7 of the Indian 2enal -ode, 7C@ deals with the definition of public servant whereas
!ection 7CF cited under chapter IQ of Indian 2enal -ode administers punishment of
imprisonment up to < years for designing a false statement against any 2ublic !ervant.
!ection F> of the Indian vidence ct 7F; implements a definition of public documents and!ection FC provides that each public servant on demand shall give a person a copy of any
public document that he has, on payment of fees. 7 begets the right of the citizen to information only at the
discretion of the government servants. The !upreme -ourt of India has held in many cases
that right to information is implied in the constitutionally preserved rights to rticle 7E87:8a:
which is freedom of speech and e#pression and rticle ;7 which is right to life and liberty. 7>
*o attempt has been made by the !tate or -entral 'overnments to implement a clear and
useful access to information department. azdoor Misan !ha%ti !angathan 8M!!: was the
first and foremost movement in India regarding the right to information that initiated in
Ra"asthan during the 7EE@s. It aimed at access to accounts and to maintain transparency in the
system of administration in villages that gave light to movement of information throughout
India. The central government ratified the Indian +reedom of Information ct in ;@@;. It
initiated a vital step towards materializing the right to information, but it didn’t go far
enough. oreover, the rules of the ct are yet to be implemented by the -entral 'overnment,
so it is yet to come in force. Tamil *adu was the first state to e#ecute a law of the right to
information in 7EEF, followed by 'oa. !even other states have also passed legislation li%e
Marnata%a in the year ;@@@, Delhi in ;@@7 and adhya 2radesh in ;@@
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information as a fundamental right of the same. The !upreme -ourt in 2eoples 1nion for
-ivil /iberties v 1nion of India 7Fobserved that the right to information is a feature of rticle
7E which guarantees freedom of speech and e#pression in the -onstitution of India, which is
a fundamental right. *onetheless, when the -onstitution is amended the test relating to the
basic structure that has been reposed in Meshavananda $harti
7
case has to be convinced. Thetest caters that a constitutional amendment must be in aspersion of the basic structures of the
-onstitution. The -entral 'overnment in ;@@?, December sailed the idea to eliminate file
notings by importing an amendment to the ct. The news created a bic%ering with activists
conceiving the liability of the 'overnment. (owever, the 1nion -abinet has accepted the
mendment $ill, that when it will pass it can e#clude file notings 7Eas information that can be
challenged as a matter of right. gain the Indian rmy disavowed to give information in
;@@?, December to an applicant regarding the controversies of national security. $ut when
the 2rime inister meddled, it was held that rmy can never refuse until the government
appraises. The right to information benefitted power under 1D(R ;@, which came into force in
7E> contributing every person to gain information through media. The International
-ovenant on 2olitical and -ivil rights 7ECC states that 9very individual has the right to
freedom of e#pression and to follow and divulge information, documents and ideas of every
%ind, regardless of frontiers5 ;7Pustice Mrishna Iyer in the ane%a 'andhi case;; said 9a
16 87EF? IR C?, 7EF? !-R 8
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government that functions in privacy not only acts against democratic decency but also buries
itself with its burial5; the !upreme -ourt while considering the
order of newsprint control, allocation to a newspaper of newsprint was hindered, held that
such obstacle not only infringed the right of newspapers of freedom of speech but also
readers right to read was trimmed.
;?
!imilarly in !2 'upta v 2resident of India N )rs
;C
the!upreme -ourt held that the citizens of this nations have a right to get the idea of every
public act, everything that is brought about in a public way. They are sub"ected to have
%nowledge of the very particulars of each public transaction.5 ;F
lso in !ecretary, ministry of information N broadcasting v. -ric%et ssn. of $engal, ;the
!upreme -ourt held that the airwaves were a property of the public and its allocation of the
media and the private channels should be done on equal basis as the freedom of speech
involving the right to convey and ta%e possession of the information from electronic media. ;E
d"oining rticle 7E87:8a:, the other articles that provide the right to information under
-onstitution of India are rticles
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against the order. $y rticle ;;87: a person can %now the grounds for why he is detained.
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Their right to information, which is derived from the concept of freedom of speech, though
not clear, is a factor which should ma%e one wary when secrecy was claimed for transactions
that can at any percentage have no effect on public security. $ut the legislative part of the
!tate did not answer to it by ratifying suitable legislation for protecting the right of the
individual.5
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searching for orientation and organizations of social activists. This was recognized a
landmar% "udgment putting attention to access to information. ><
In inerva ills /td. and )rs. v. 1nion of India and )rs., >>this -ourt mandated without
uncertainty, that it is the -onstitution which is absolute in India and not the 2arliament. The
2arliament cannot destroy the -onstitution, to which it owes its e#istence, with infinite
amending power .>? In the case of 'overnment of ndhra 2radesh and )rs. v. !mt. 2. /a#mi
Devi,>C -ourt held that it should e#amine "udicial restraint while "udging the constitutional
validity of the statute and it is only when there is clear infringement of a constitutional
provision beyond fair doubt that the -ourt should pronounce a provision to be
unconstitutional.
RTI AND GOOD GOVERNENCE
e are always rhetoric regarding the ideals of transparency and inclusiveness and %new
that we can bring out social accountability and inclusive democracy which stand as pillars of
good governance.>F e are only rhetoric yet can prove that by curtailing the scope of the act
even though faced many oppositions from civil society. The world is always loo%ing forward
to a basic foundation for enhancing democratic governance. Informed set of society leads to
what is called a 9demand for good governance5 which means ability of citizens of civil
society organizations and other non6state actors to hold the state accountability and ma%e it
responsive to their needs high lightening the importance of social accountability.>
42
Supranotes26
43
Supranotes26
44
87E@: < !-- C;?
45
DRD) $hawan, -entral Information -ommission RTIA a compendium, *ew Delhi
46
8;@@: > !-- F;@
47
&IRS' RPR',SC"D *D+IS'R*'I R&R+S C++ISSI", RI-H' 'I"&R+*'I"./" 2006, +a#r K# -d -v#rnan#
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ccess to information acts is grounded in the recognition 9that information in the control of
public authorities is an important resource for public and access to such information boosts
greater accountability and transparency of those public authorities, and this information is
essential to the democratic process5. The purpose of these acts, also %nown as access to
information laws, is to ma%e a government more accountable and open to its people.
>E
Intransitional democracies, laws that give effect to the right to information are part of changing
a country to one governed by and for the people from one with a closed and authoritarian
government. The important aspects of good governance are given as follows.?@
P*+*,%- ,(#-.(%#/ (#$ **$ *!%#(#/%
Right to information enables individuals to see how government bodies are wor%ing. very
individual should openly come to %now what has happened and what is to happen.
Transparency is the crucial part of good government. The public has right, to %now about the
programs and policies of the government. ll communication of the state must be opened to
all individuals. pproach to information is a ma"or empower of transparency, and it refer to
the availability of information to public and certainty about functioning of state government
institutions. Right to Information ct is designed to promote transparency and accountability
in government by ma%ing the process of government decision6ma%ing wider.?7 Though some
divisions of the 1nion government are e#empted from this act the information can be desiredif it is concerned with the encroachment of human rights. ven the information from the
private "urisdiction can be sought only through the commanding authority, and it will send the
note to the institution concerned under section 77 of the act. any of the countries have
e#ecuted it through understanding that greater access to the individuals to information
enhances the openness of government to society needs. In turn, it provides immediate
redressed of public grievances and thus advances feeling of goodwill towards the state
48
%:a#rrnm3a#rmara;id
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government. Democratic countries have a greater degree of openness vis6a6vis rigid
establishmentJ nowhere in the world is government body functioning totally open.
P*+*,%- A//*#,(")",
ccountability is a %ey ingredient of good governance. ithout this, the root of any
advancement failure cannot be found. *ot only the state bodies, but the private sector bodies
also be accountable to the individuals.?; Information is powerful and Right to information ct
brings transparency and accountability to the administration. This involves the continuation
of a mechanism, which assures that both officials and political are answerable for their
behavior, use of public resources and performance.? There will
forever be corruption at the roots as long as its seeds are sown at the top level. RTI ct can be
used to showcase these seeds of corruption which in turn can regulate corruption at the lower
ends.??
P(,"/".(,"*#
2articipation anticipates involvement of the entire community in governance. $oth women
and men are the cornerstones of good governance. Ideal democracy does not mean the rule of
chosen littleJ it should ta%e the interest of all sectors especially the wea%est sections of the
community. ithout individuals= participation, the RTI will remain a non6starter. 2articipation
has a large range of definitions. )n the one side, some people ta%e participation to mean
52
Supranotes57
53
S P -ua v /nin India (*IR) 1982 SC (149)
54
%:=r=urr#n>r?#ri%m
55 Supranotes3*
15
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engaging in any particular movementJ besides this, researchers define participation as an
activity through which individual share control and influence over development activity. RTI
ct creates a relation between government and people. 'ood governance needs that civil
society has the chance to participate in the establishment of development methods and that
directly affected societies and individuals should be able to be part of the implementation anddesign pro"ects and programs. ven where pro"ects have a trivial impact on particular places
or population clusters, there should be a consultation that ta%es their aspects into account. ?C
Individuals who understand public proceedings and what state is doing can voice their idea
on issues that problem their lives, they can ta%e part in the affairs of government. RTI
facilities individuals in ma%ing economic choices and political and thus strengthens
democracy. Right to Information ct encouraged and facilitated the participation of people in
the governance. arlier citizens had the will, but they did not have the chance to ta%e part in
the so6called official proceedings. $ut RTI acts the way for much participation of the
common individuals in governance sensibly.?F
A//%--"")",
Right to Information ma%es it achievable to easy access to information from state and central
government departments, records, services, finances, documents and pro"ects to all sectors of
society.? common person indulges in the matter of government bodies regarding
evolution.?E The RTI ct by providing contributing entry to information decreases the
established wider gap between administration and citizens and thus helps in building nations
process.C@ very individual becomes aware of daily activities of the government bodies.
hen individuals have the approach to information about service transmission and other state
functions, they %now what they are designated to, and they %now where and how to demand
56
'%# Ri=% Inrmain *, 2005,* -uid# r Civi Si# r=aniain
57
Supranotes65
58
Supranotes65
59
Iid a 56
60
@rd Aan!, B#=iain n &r##dm Inrmain: 'r#nd and Sandard,PR+ "# "93, #r, 2004
16
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their right to those activities and other uses.C7 In pre6 RTI era individuals= role was only
restricted to the election of their heads, individuals did not have the legal right to %now about
the affairs of government activities.C; $ut Right to information act gave the people the more6
needed right to see% information regarding the wor%s of their government authorities should
co6operate the people. The RTI act was given the status of the fundamental right, and it is proof of the fact that how needed it is for the proper functioning of the government bodies.
E+.*'%+%#,
To assure development in the local sectors and peoples participation must be decentralized. It
is also called empowerment of citizens. $efore enactment of RTI ct, participation in
economic processes and political and the capacity to ma%e choices has been to India itself. s
a consequence, citizens remain ignorant of various pro"ects and they can=t resist when their
legal rights become ancestry. t the same moment, people remain innocent in terms of the
means and ways through they can get their entitled rights from the respective departments in
a legal way.
ccording to ichel +oucault, a +rench philosopher power is derived from capacity and
information is the component of %nowledge. !o, in this era of the technology6driven
information revolution, empowerment defined as an access to information.C -oncentration of information confidently leads to centralization of power. *ow
with the enforcement of RTI ct Individuals can ta%e part in ma%ing decision process and it
enables the individuals to %now about the government decisions. The RTI ct was
empowering individuals by removing unwanted secrecy surrounding in the decision6ma%ing
process of the government bodies.C?
61
Iid a 56
62
%:$$$Enania#Fr#mn#$m>a>ri>n>a>uiu#>r>=d>
=v#rnan#180763
63
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64
Si Sra?## r#in= n %# n##d Ri=% Inrmain aim a rin=in=ranar#n in adminirain and ui i#
17
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E", (#$ "#/)-"!%#%--
It is another important aspect of good governance. It implies every individual is a part of the
governance, and they don’t feel thrown from the main sector of society. very individual
should have the same status in the government decisions. CC The RTI ct also does not ma%e
any discrimination between poor and rich, and it covers all the individuals in India. It always
plays a ma"or role to fight against in"ustice, inequality and inhuman activities.
RECOMMONDATIONS FOR REFORMING TRANSPARANCY POLICIES
The adoption and implementation phase are relevant to states on the point of adopting new
access to information laws in the process of reforming their transparency policiesA
'enerate political willA
s many case6studies show, access to information laws can be adopted with or without civil
society involvement, and even with or without a full commitment to transparency by the
national government. To achieve full implementation of these laws, there has to be sufficient
political will. Ideas should be pitched to esteemed and well respected political figures. CF This
result in pilot programs being implemented and administrative reforms with political support
and bac%ing.C 2oliticians can be themselves be part of the change in the culture of secrecy
and improve their credibility through their involvement with initiatives to promote and
implement the right to access information.
Develop a culture of the right to informationA
successful access to information law is one that wor%s both on paper and in practice. To
accomplish this, part of the challenge for society organizations campaigning to promote the
right to information is a creation of a culture of the right to information. CE !uch a transparency
culture has faces to itA the acceptance of public heads to give information and willingness to
65
%:#=a#rvi#indiamari#ari#ri=%>>inrmain>a>a>r#dura>
?ui#>491>1%m
66
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67
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68%:$$$indian#Fr#mn#$=v#rnan#>m#>#r#>a>!a775352
18
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file requests by the public.F@ The e#periences of the various states studied in this report show
ongoing problems occurred in the absence of awareness among public to the new access to
information laws and of the right to request information from public bodies. Intensive legal
education and freedom of information campaigns need to be underta%en to raise awareness
amongst the population and stimulate filing of requests.
F7
Improve 'overnment fficiency and Information anagementA
n access to Information law is not only a weapon to e#pose corruption, but it can also avoid
it by the highlighting poor administration regarding how public funds will be spent. new
access to information regime can also help improve internal efficiency and information
management in administrations unused to such levels of accountability, even from internal
supervision organs.F; hen a new ccess to Information /aw has been adopted particularly
during the subsequent C to 7; month implementation period, it is necessary to consider
improvements to the current administrative infrastructure 8including IT systems, web6portals,
filing systems, records and procedures: and internal information management systems. F<
2repare adequately for implementation of a new lawA
The time between the adoption of an access law and when it enters into force should be
utilized wisely. In particular this period 8which is normally C67; months: provides ample time
to train public servants and hold awareness6raising campaigns for the public, business
associations, civil society organizations, and "ournalists.
EXCLUSION INSTITUTIONS
69
Iid a 64
70
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71
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72
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73%:ria=vin#>ma=aGin#riar#vi#$2009"v#m#r#n=d67>69d
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The RTI ct administers that few sensible information can be restrained from the citizensJ if
the public representatives in possession of the acquaintance feel that the same is li%ely to
imperil either state or national interests or to infringe the undisclosed facts of trade. These
e#clusions are primarily found in, in !ection and !ection E of the RTI ct. (owever,
contrary to the famous conception, !ection F8E: is not an e#ception.
F>
!ection gives certain needed e#emptions, which are sub"ects of 2ublic Interest. (ere, the
"urisdiction of public in absorb the information, should consider whether there is ma"or public
interest in curbing the information or conferring out the information 8commonly called6
counteracting the affection of public or herein loo%ed as the individual=s Interest .
stonishingly, the Right to information ;@@? flounders to give anywhere the connotation of
=public authority=.F? 2ublic uthority is not seen e#plained in any of opportunity of
information law. Interest of public, in middling precedence’s, may hold the fundamental idea
while ma%ing the decision of whether the information is to come out of the closet or
withheld. 2ublic emphasis, in the idea of the !upreme -ourt of India has been provided byform of guidance’s of !upreme -ourt for preserving a 2I/, 7EE and also in cases as of , ! 2
'upta v. 2resident of India, !tate of 'u"aratv irzapur oti Mureshi Masab PamatN others,
or in Panta Dal v. 3(! -houdhary.FC
+urther detailing the e#clusions laid down in !ection of Right to information ;@@?, thereduction that all the competent e#emptions can further be buttoned down into threeA
a. -lass #emptions
!ection G7H 8b:, 8e:, 8f:, and 8i: embodies these e#emptions. In these cases, the public
authority may not manifest any harm but simply might show that the information is
discharged under the above6specified clauses.FF
b. 2re"udice based #emptions
74
+KSS, $a inrum#na in dra$in= %# a#nin %# ui d#mand r a Ri=% Inrmain, ##iain Ra?a%an
75
Riu Sarin, '%# R'I d#a# a%# n , 'im# India, 17 +a 2006,
+umai diin
76 Iid a 75
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The degree of pre"udice is not detailed, so any level of pre"udice might disagree. (owever,
less symbolic the pre"udice is shown to be, the bigger the chance of the public interest
lowering in favour of divulgation of the information in the question. hether pre"udice
prevails is a matter of fact to be predetermined. !ection 87: 8a:, 8c:, 8d:, 8g:, 8h:, and 8":
involves these e#onerations.
c.Time /imited #emptions
!ection G
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the heart of the spirit of democracy as it caters for information to the public, but at the same
time, puts a certain limit in place over the same.
IMPLEMENTATION OF TRANSITIONAL DEMOCRACY THROUGH RTI
nticipate administrative reformsA
2arties involved in drafting the law need to ta%e into consideration the public
administration’s capacity for the new legislation. )therwise, a law may be created that is
e#cellent for citizens but leaves the administration incapable of providing proper services and
with a considerably reduced capacity to deliver.; +or e#ample, standardizing the
classification of internal documents and the proactive publication of certain classes of
information such as budgets and annual reports can greatly help in preparing the
administration for answering the most common information requests.<
!anctions for secretive institutionsA
!anctions should penalize the institutions that have failed to respond to requests for
information. long with the heads of these agencies to avoid the possibility of individual,
lower ran% civil servants being penalized & the burden of responsibility should rest with those
with the power to ma%e a change. >
Retrospective actionA
ny new access to information legislation and policies should include a clause that entitles
requestors to obtain access to copies of information contained in official documents that
originated before the adoption of the access to information law. ?
82
Iid a 74
83
%:$$$aunivain-aL20mdiaL20?urna@I"'R
L202010L20*R'ICS*ri#L206d
84 Iid a 56
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!pecifying which private bodies are coveredA
!ome freedom of information laws also oblige private entities to provide information,
particularly where these private bodies receive public funds, perform a public function or
hold information that is necessary for the defence of other rights, such as the right to
education or health or participation in public life. To ensure clarity on which bodies are
bound to respond to requests for information, they should either be named within the law or
the law should specify the criteria to be applied when determining when a public body has an
obligation to respond and which of the information it holds must be made public.
+air feesA
ccess to information regimes usually establishes fees for obtaining copies of the information
requested. )n ccess to )fficial Documents and many national laws establish that the feescharged may only be for the actual costs incurred by the public authority, such as the cost6
price of photocopying the document requested. TI laws should establish that information
may be viewed free of chargeJ it is also the norm that where information is delivered
electronically, such as by e6mail, it be free of charge. here charge fees for providing
information they should adhere to these standards. C
2roactive transparencyA
It is increasingly common to find that access to information laws contain provisions
requiring public bodies and private bodies to the e#tent that the law covers them & to ma%e
certain types of information available proactively, such as by posting the information on
websites or having printed reports available in the reception of the institution. !uch proactive
transparency can be a source of very important information for anti6corruption activists. +or
e#ample, activities of the state with reference to public procurement can be made available
automatically 8on the Internet and in the national gazette or similar publication:, which means
that everyone has an equal opportunity to %now about upcoming tenders and about contracts
that were awarded.F !uch measures are needed to overcome traditions of %eeping business6
related information secret, even where the so6called 9business secrecy5 relates to the
85
%:$$$udmd#m#aRi=%>'>Inrmain>*>419015%m
86
MRi=% Inrmain and -d -v#rnan# Ra?ir Sin=%
87 %:$$$iid#%ir=in%rn#$iid$nad"%rRiR'I>2008d
23
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spending of the ta#payers money as part of public6private partnerships and service contracts.
Independent oversight is essentialA
#perience has shown that where Information -ommissioners or )mbudspersons handle the
implementation of access to information laws, they can ma%e a positive contribution to
building a new culture of openness within a government.E !uch officials should have
independence of mandate and budget and those appointed to the post should have relevant
e#perience and be selected by a public process, with an opportunity for civil society
organizations to ma%e submissions related to the qualifications of the candidates. E@
)versight is also essentialA
$odies such as Information -ommissioners and official persons do, however, need to be
monitored to determine their effectiveness in promoting implementation.E7
CONCLUSION
RTI is efficacious machinery that can convey symbolic social benefits. It can furnish
substantial bedding to democracy and endorse good governance, by capacitating the citizen’s
endowment to latch on effectively and grip government officials accountable. Rather than
only catering information, RTI ct in most of the countries has conveyed to be an impressive
watchdog certifying all those coming in purview of the ct to wor% in congruence with
orders, rules and regulations, without any aberration. )n the other hand, rigorous
implementation of this law craves only political will but also progressive civil societies, RTI
activists and some Democratic visages, such as reverence for the rule of law. 2resently, the
RTI ct in India is passing through a determined "uncture, much more needs to be done to
grease the wheels of growth and development. -ommon protest against the absence of
88
MRi=% Inrmain and -d -v#rnan# Ra?ir Sin=%
89
Iid a 68
90
%:$$$iid#%ir=in%rn#$iid$nad"%rRiR'I>2008d
91 Iid a 68
24
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implementation of this law solo is inadequateJ one needs to strengthen this leadership ta%en,
for the law to sprout in full bloom. The above analysis shows that while the position of the
RTI shows to be adequate in solitude, its communication with constitutional law doctrines
emblazons principled strains. )ne might loc% horns that these doctrinal dilemmas are
e#amples of old wine in a new bottle’ and that they have left no stone unturned since timeage6old. (owever, given the rare nature of the RTI, the essential place it has come to immerse
and its broadening coverage, it would only be down to earth to draw to close that the RTI
management must find e#clusive e#planations to these age6old quandaries. )ne solution
might be to give a wide number of prudence to the 2ublic Information )fficers selected under
the ct. (owever, as our commentary has shown, that too can be precarious.
BIBLOGRAPHY
RTI A -(//*'! T) I2/I*TTI)* & + //RD DR0/
RTI 22/I-TI)*! *D D-I!I)* MI*' & -(RI! RI/0
!1--!!+1/ 22R)-( T) RTI & RP3R*
RTI -T I* I*DI +1T1R & !(R0!MR
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