“Secrecy is the linchpin of abuse of power.
Transparency is the only real antidote.”
TRANSPARENCY DEFINITION
● It is a phenomena of opening up
the functioning of government and
its decisions to citizens.
● It enables the citizens to obtain
information about government’s
decision-making along with facts,
figures & mechanisms followed.
Freedom of information – Core
essence of transparency
NEED FOR TRANSPARENCY
● Ensures accountability.
● Reduces corruption and abuse of power.
● Increases the efficiency of the government.
● Opens up government activities to public scrutiny.
● Corrects asymmetry of
power between people &
government.
● Promotes peoples’
participation in
governance.
● Helps in correcting trust
deficit.
Global scenario
- 90% of worlds population lives in a country with RTI laws
- 96 countries add RTI in their constitution
- 121 countries had adopted comphrehensive RTI laws
ENSURING TRANSPARENCY
Pro active Disclosure PIB
Reactive Disclosure RTI
CONSTITUTIONAL LOCUS
● Preamble
● Art19(1)(a)
● Art 21
Where it began?
1986: Supreme Court, in Mr. Kulwal v/s Jaipur Municipal
Corporation case, it directed that freedom of speech and
expression provided under Article 19 of the Constitution
clearly implies Right to Information, as without information the
freedom of speech and expression cannot be fully used by the
citizens
It has been implemented in order to see that the Indian
citizens are enabled to exercise their rights to ask some
pertinent questions to the Government and different public
utility service providers in a practical way.
The RTI Act replaced the Freedom of Information Act 2002.
RIGHT TO INFORMATION
Main Features of the Act
All citizens have right
to information.
Definition of Information
- records
- documents
- memos
- e-mails
- opinions
- advice
- press release
- circulars
- contracts
- reports
From whom can we access
Sec 2(h): From Public Authority
Constitutional bodies
Statutory bodies
Body owned, controlled, or substantially
financed by government (including
state-funded NGOs)
The Process
Make a request in writing/electronic means in
English/Hindi/official language of the area with fees
specifying the particulars of the information sought.
● Section 6(2): The applicant shall not be required to
give any reason for requesting the information.
TIME LIMIT
Information is to be
provided within 30
days (48 hours where
life or liberty is
involved).
The period can extend
to 35 days where
request is given to
APIO.
RIGHTS CONFERRED ON CITIZENS
Choosing medium of request
Choosing language of request
Not stating any reason for requesting
Information
All fees are waived for below poverty line
(BPL) applicants
Knowledge of reasons for rejection
Making of complaint to CIC/SIC
OBLIGATIONS OF PUBLIC AUTHORITIES
Maintain all its records,
duly cataloged and
indexed and computerize
them within reasonable
time.
Mandatory publishing of
basic information
(directory of officers,
functions performed by
them, categories of docs
held by it etc.) and
regular updation.
To provide as
much information,
suo motu, to the
public
Every
administrative
units/offices to
have PIOs (Public
Information
Officers)
To transfer
misdirected
requests within
five days from the
receipt of
application.
Where does one complain?
The first appeal is made to an officer within the
organization, who is senior in rank to the PIO.
The second appeal is made to the Information
Commission.
Central Information Commission
Chief Information Commissioner(CIC)
Such number of Central ICs not exceeding 10
Central Information Commission
Appointment
By the President on the
recommendation of a committee
consisting of –
- Prime Minister, who shall be the Chairperson of
the committee; - Leader of Opposition in the Lok Sabha; and
- A Union Cabinet Minister to be nominated by the
Prime Minister.
Qualification
CIC & ICs shall be persons of eminence in public
life with wide knowledge and experience in law,
science and technology, social service,
management, journalism, mass media or
administration and governance.
They shall not be an MP/MLA or hold any other
office of profit or connected with any political
party or carrying on any business or pursuing
any profession.
Conditions of Service
3 years
Retirement – 65 years
Not eligible for reappointment
Note: Through RTI (Amendment) Act 2019,
the conditions of service are determined
by the central Executive.
Removal
Ground – is adjudged an insolvent; or has
been convicted of an offence which involves moral
turpitude; or engages during his term of office in any
paid employment outside the duties of his office; or is
unfit to continue in office by reason of infirmity of mind or
body; or
Manner – SC to conduct an enquiry on a reference by
President.
State Information Commission
Analogous provisions w.r.t.
CIC
NEED FOR BALANCE
Section 8
● Information affecting
❖ sovereignty and integrity of India or
❖ Security or
❖ Strategic, scientific or economic interests of the state or
❖ relations with foreign state or
❖ lead to incitement of an offense
● Information causing
❖ contempt of court or
❖ breach of legislative privilege.
Third party info like commercial
confidence, trade secrets or
intellectual property etc.
Information available to a
person in his fiduciary
relationship
Information received in
confidence from a foreign
government
Information which would endanger
the life or physical safety of any
person
Information which would impede
the process of investigation,
apprehension, or prosecution of
offenders
Cabinet papers, administrative
documents etc. till the final
decisions are yet to be made
public
Information which relates to personal
information which has no relationship to
any public activity or interest.
Information can be denied if it would
involve infringement of copyright.
Note: A public authority may allow access
to information protected by Official
Secrets Act’1923 if public interest in
disclosure outweighs the harm to the
protected interests.
Section 24
The act shall not apply to intelligence and
security organizations specified in the Second
Schedule of the Act, but information
pertaining to allegations of corruption and
human rights violations is to be provided.
Time limit – 45 days
It can be amended by Central government.
Impact
It has transformed into a
grievance redressal tool.
It has helped in exposing scams,
corruption, wasteful expenditure
etc.
Set the trend for other
rights-based legislations.
RTI applications have been able
to provide information to many
people.
PERFORMANCE
Issues with the Act
Vague terms and phrases
Right to reject frivolous
applications
Possible abuse of Schedule
II (exempted organizations)
Public authorities
Problem of bureaucratic mindset
No specific budgetary allocation for
RTI by most departments
Rank juniors are appointed as PIOs
Suo moto disclosures have been
very poor
Public authorities
Additional responsibilities given
to PIOs without additional
incentives
Very poor records management
Adjudicators
Penal provisions are rarely used.
SICs have not posted annual reports
online in the prescribed time limit.
ICs are not armed with any contempt
powers
Huge pendency of cases in the CIC
Vacancies in ICs
Citizens
● Genuine activists in some
cases have been replaced by
blackmailers resulting in filing
of frivolous applications.
● Shallow awareness.
full form of RTI
right to information