September 28 is celebrated internationally as Right to Know Day, highlighting the critical importance of people’s right to access information held by their governments. The free flow of information is must for a democratic society as it helps the society to grow and to retain a continuous debate and discussion among the people. No democratic government can survive without accountability and the basic factor of accountability is that the people should have information regarding the functioning of the government. Earlier public dealings were kept in strict secret which often led to corruption, misuse and abuse of statutory and administrative power. But now those days are gone. Freedom of information brings openness in the administration which helps to promote transparency in state affairs, keep government more accountable and ultimately reduce corruption. Disclosure of information in regard to the functioning of the government must be the rule and secrecy an exception. The Right to Information Act, 2005 was passed for making the government transparent and more accountable; the effective use of it would, in a long run, curb corruption.
India’s RTI Act is generally claimed as one of the world’s best law with an excellent implementation track record. It is regarded as one of the most progressive and empowering legislations passed in the post independence. From the day the Act came into force, enlightened citizenry had started using the law by making information requests in order get the police to act or get their entitlements of food grain under public distribution system or expose the corrupt officials. Social activist Aruna Roy has described India’s RTI Act as “the most fundamental law this country has seen as it can be used from the local panchayat (a unit of local government) to parliament, from a nondescript village to posh Delhi, and from ration shops to the 2G scam.”
It is being recognized globally that public participation in democratic and governmental process is at its meaningful best when citizens have adequate access to official information. This access lays the foundation for good governance, transparency, accountability and participation. This realization have found expression with over fifty- five countries having enacted their comprehensive laws that protect the right to information and many more countries are coming forward to enact specific legislations in pursuit of this objective. Sweden, Australia, Canada, New Zealand, Belize, Pakistan, South Africa, Trinidad, Tobago, United Kingdoms, Zimbave, Jamaica and USA are among the countries exhibiting their governments’ commitment to open governance through legislative measures guaranteeing citizens access to information.
Campaign for the Right to Information in India
India too was not left behind in the race. Frowing realization for open governance and assured access to information has information has brought it on the world map. Eight states namely, Maharashtra, Tamilnadu, Rajasthan, Karnataka, Jammu & Kashmir, Assam, Goa and Madhya Pradesh had already enacted laws on right to information to show their commitment in building a more dynamic and prosperous society by involving people in governance and decision making process. Not only this, the Supreme Court of India has, from time to time, interpreted Article 19 which upholds the right to freedom of speech and expression, to implicitly receive and impart information.
The Supreme Court in S.P. Gupta v. Union of India , reinforced the right to information by stating: “The citizens have a right to decide by whom and by what rules they shall be governed and are entitles to call on those who govern on their behalf to account for their conduct. No democratic government can survive without accountability and basic postulate of accountability in that the people should have information about the functioning of the government… The concept of open government is the direct emanation from the right to know which seems to be implicit in the right of free speech and expression guaranteed under Article 19(1)”.
Despite this, a demand to an ‘access to information law’ at the central level grew extensively. There had been relentless efforts and no mobilization in favor of comprehensive Central act providing access to information regime. It also became necessary to protect fundamental rights by some legal mechanisms. The campaign started by some prominent social groups like Mazdoor Kisan Shakti Sangathan ( MKSS) and the National Campaign for People’s Right to information , took concrete shape when in January, 1997 the Government set up a working group on “Right to information and Transparency” under the chairmanship of Shri H.D. Shourie to examine the feasibility and need for a full-fledged law. The Chief Ministers conference held in Delhi in 1997 on ‘Effective and Responsive Government’ recognized the importance and approved the scheme. Thereafter, for greater deliberations, a statutory scheme was circulated to the States/Union Territories and the Ministries of Govt. of India who submitted their report with constructive suggestions and comments. The report of the working groups together with the responses was placed before the committee of Secretaries, which broadly endorsed the legislative proposal subject to certain modification. Finally, the draft bill was submitted to the group of Ministers prior approval of the cabinet. The cabinet approved the proposal in its meeting held on 13th May, 2000. Thus, the legislative process which passed through the different levels concretized in the form of Freedom of Information Bill, 2000.
Freedom of Information Bill, 2000:
The Freedom of Information Bill, 2000 was introduced Lok sabha on 25th July, 2000. The bill was referred to parliamentary standing committee on Home Affairs for examination and report on 14th September, 2000.
In order to live up the ideas reflected in commitment of right to information, the bill laid emphasis on the following features contained in its 21 clauses:-
1. Right to information to all citizens of the country
2. Access to information held by or under the central as well as the state governments and local bodies;
3. Obligation on every public authority to provide information and publish all records at regular intervals;
4. Exemptions from disclosures; and
5. Appellate mechanisms to deal with the cases of defaults in providing information.
The Committee on Home Affairs presented its report to Parliament on 21st July, 2001 recommending some changes/modification in the bill. The bill was passed by the parliament in December, 2002 and got the assent from the President on 6th January, 2003.
The vigorous campaign for bringing out this legislation has seen only partial success as the Act has not been in force, as according to the Government, the basic infrastructure opereationalisation had not been fully established. Meanwhile, there had been growing apprehensions that the Act in many respects fell short of aspirations and expectations of the people. The government had reportedly received a number of representations from people/ civil society/ groups pointing out the key issues needing modifications so that the information access right of citizens was fully realized and the legislation truly achieved its objectives.
Need for an improved Legislation:
Having regard to the above considerations, the Government in its National Common Minimum Programme (NCMP) inter-alia declared that it would strive for corruption free, transparent and accountable governance. The NCMP envisaged enactment of a more progressive, participatory and meaningful law in place of the Freedom of Information Act, 2002. In pursuance of the above commitment, the government assigned to the National Advisory Council (NAC) the task of suggesting constructive changes in the Act of 2002. The NAC based on the inputs received from several NGOs, social groups and experts, proposed some 35 amendments to the Freedom of Information Act, 2002, to ensure:
1. Maximum disclosure and minimum exemptions consistent to the constitutional provisions;
2. Independent appeal mechanism
3. Penalties for failure to provide information as per the law; and
4. Effective mechanisms for access to information and disclosure by authorities
The amendments proposed by NAC were examined comprehensively by the Government and certain provisions suggested by the council were modified keeping in view legislative, constitutional, and administrative requirements. Considering that the changes envisaged were extensive, it had also been decided to enact the new legislation on the subject and simultaneously repeal the existing Freedom of Information Act, 2002. In furtherance thereof the Right to Information Bill, 2004 was introduced in Lok sabha on 23rd December, 2004.
As per the statement and objects and reasons appended to the bill, important changes incorporated inter-alia include establishment of an appellate machinery with investigative powers to review decisions of public information Officers’, Penal provisions for the failure provide information as per law; provisions to ensure maximum disclosure and minimum exemptions consistent with constitutional provisions and effective mechanism for access to information. The statement of objects and reasons also reassured that the proposed legislation would provide an effective mechanism/frame work for effectuating the right to information recognized under article 19 of the constitution of India.
The NAC endorsed most of the suggested amendments and recommended them to the Prime Minister of India for further action. These formed the basis of the subsequent Right to Information Bill, introduced in Parliament on 22 December 2004. However, this bill, as introduced in Parliament, had many weaknesses. Most significantly, unlike the NCPRI suggestion, it did not apply to the whole country but only to the Union Government. The consequent outrage from civil society groups, including the NCPRI, forced the government to review the changes. The Bill was referred to a Standing Committee of the Parliament and to a Group of Ministers. The standing committee asked several of the NCPRI members to give evidence before it, and ultimately endorsed the stand taken by the NCPRI in most matters. In the next session of Parliament, the bill was passed after over a hundred amendments introduced by the government to accommodate the recommendations of the Parliamentary Committee and the Group of Ministers. Most importantly, the jurisdiction of the Bill was extended to cover the whole of India. The RTI Act then came into effect all over India, from 13 October 2005.
Conclusion
No demonstrative government can survive without accountability and basic postulate of accountability that is the people should have information about the functioning of the government. It is only when people know how government is functioning that they can fulfill the role which democracy assigns to them and makes a really effective participatory governing system. Transparency in government in order to ensure that citizens interests are pursued are protected by those in power is just one of the reasons that access to information is essential for good governance.
Undoubtedly, the Right to Information Act is historic, and has the potential of changing, forever, the balance of power in India – disempowering governments and other powerful institutions and distributing this power to the people. It also has the potential to deepen democracy and transform it from a representative to a participatory one, where governments, and their functionaries at all levels, are directly answerable to the people for their actions and inaction.
The RTI Act aims at securing and ensuring in the administration. The participation of the people in democratic form of government should not be limited merely to casting votes but should also include exercising sound judgment in the conduct of the government from time to time. The people shall be able to fulfill their role only when they have full access to the information in respect of the functioning of the government. The concept of an open government has emanated from the right to know. The officer when acting under RTI Act should not treat the information seekers as enemies and adversaries. They must be provided with information in case they need the same.
However, in many cases the implementation of the Act has spelled success. Issues like public distribution system, privatization initiatives, pensions and reforms, road repairs, electricity connections, telecom complaints have been dealt by people through the RTI. Many honest officers also feel strengthened as all decisions are now open to civil society and media scrutiny which will act as a deterrent to uncalled for political pressure.