1
BABASAHEB BHIMRAO
AMBEDKAR UNIVERSITY
RIGHT TO INFORMATION
PROJECT ON:
IMPORTANCE OF RIGHT TO INFORMATION FOR
GOOD GOVERNANCE IN INDIA
SUBMITTED TO:- SUBMITTED BY:-
Prof. Preeti Saxena Shubham Nider
Mrs. Sonali Roy Choudhary Roll No. 18
Babasaheb Bhimrao Ambedkar One Year LLM(IInd sem.)
University, Lucknow Babsaheb Bhimrao Ambedkar
University Lucknow
2
Acknowledgement
This project venture has been made possible due to the generous co-
operation of various persons. I, Shubham Nider student of ONE YEAR
LLM, IInd Semester would like to express my sincere thanks and deep
gratitude to Prof. Preeti Saxena and Mrs. Sonali Roy Choudhary,
without whose thorough and insightful guidance this project work would
not have been a success.
Thank You,
Shubham Nider
3
Contents
Introduction......................................................................................................................................4
The Need of RTI for Good Governance..........................................................................................6
Impact of RTI in Rural India:..........................................................................................................7
RTI Activists: Threatened Group of the Society...........................................................................11
Conclusion and Suggestions..........................................................................................................13
4
Introduction
“Where a society has chosen to accept democracy as its creedal faith, it is elementary that the
citizens ought to know what their government is doing.” -Justice P N Bhagwati
Right to Information (RTI) is an index to measure the growth and development of a country. In
India, till 2005, the citizens had no access to any information which was dealt by a Public
Authority. Matters effecting public interest was not easy for a common man to get accessibility.
Thus, without getting relevant information it was difficult for a citizen to participate in any
social, political or economical debate concerning the issues or interest of the country.
However, with the growing consciousness of participatory democracy, the inbuilt desire to know
and participate in the matters concerning the country or own self, reached a new height that
paved the way in which it could be ascertained and ensured was through bringing the objective
of transparency and accountability in the administration. In the International arena, the need to
disseminate information was hugely felt and the first ever RTI law was enacted by Sweden in
1766, largely motivated by the parliament’s interest in access to information held by the King.
The Swedish example was later followed by the US, which enacted its first law in 1966 and then
by Norway in 1970. Similarly, several western democracies enacted their own laws (France and
Netherlands 1978, Australia, New Zealand and Canada 1982, Denmark 1985, Greece 1986,
Austria 1987, Italy 1990).1
By 1990, the number of countries with Freedom of Information (FOI) laws climbed to thirteen.
A big step forward was the European Union Charter of Fundamental Rights in 2000, which
included both freedom of expression and the right of access to documents. By 2010, more than
eighty five countries had national-level RTI laws or regulations. In Asia so far almost 20 nations
have adopted FOI laws like Kazakhstan, Afghanistan, Bhutan, Maldives etc. In India, though
Article 19(1) (a) of the Constitution indirectly guaranteed the right to know but this right was
overshadowed by the Official Secrets Act, 1923. Thus the entire process of Government
functioning was shielded in secrecy.
1
Briefing Paper, Analyzing the Right to Information Act in India, CUTS International, http://www.cuts-
international.org/cart/pdf/Analysing_the_Right_to_ Information_Act_in_India.pdf
5
In such circumstances, the Indian judiciary played a vital role to strengthen the spirit of
democracy. The Supreme Court in S.P. Gupta v. Union of India 2 endorsed the view that under a
democratic set up, the people have right to know about the functioning of the Government.
Again in Prabhu Dutt v. Union of India3, the Supreme Court held that the right to know news and
information regarding administration of the Government is included in the freedom of press.
There were many more such decisions that reiterated the fundamental right to know and access
information.
All these judicial pronouncements led the Government to enact The Freedom of Information Act,
2002. But major restrictions in the Act became a hindrance to achieve the objective of
transparency and accountability. So, this 2002 Act was repealed by the Right to Information Act,
2005. This legislation entitles every citizen to have access to information controlled by public
authorities. Under the Act, it is obligatory upon the authority to provide information and
maintain records consistent with its operational needs. These records would have to be duly
catalogued, indexed and published at such intervals as may be prescribed by the appropriate
Government or the competent authority.4
RTI is inherent in democratic functioning and a precondition to good governance and realization
of all other human rights. The main objectives of the law on RTI are:
a. To operationalise the fundamental right to information;
b. To set up systems and mechanisms that facilitate people’s easy access to information; to
promote transparency, and
c. Accountability in governance; to minimize corruption and inefficiency in public offices and to
ensure people’s participation in governance and decision making.5
Corruption is an evil which is eating the vitality of the administrative system in India resulting in
various social, political and economical degradations. It is a fact that corruption is a crime that is
done under the veil protection of administration and governance. But this Act somehow became
the barrier of such corrupt barter system. RTI Act brings the two most important tools
2
(1993) 4 SCC 441.
3
AIR 1982 SC 6.
4
J. N. Pandey, The Constitutional Law of India, 175 (46th ed. 2009).
5
M. M. Ansari, Impact of Right to Information on Development: A Perspective on India’s Recent Experiences,
cic.gov.in/CICIntlEvents/IC-MA-LectureAtUNESCO-15052008.pdf
6
‘transparency and accountability’ together for eradicating the evil that becomes hindrance to
good governance. The Act envisages the harmonization of public interests with the right to
information. However, there are some areas where the public interest demands some element of
secrecy. Where it has been felt that certain area of governance have to be kept outside the
purview of the RTI Act, the same have been exempted under the specific provisions envisaged
under the Act. Thus, a harmonious balance has been tried between the two.6
RTI thus became a tool for promoting participatory development, strengthening democratic
governance and facilitating effective delivery of socio-economic services. In the knowledge
society, in which we live today, acquisition of information and new knowledge and its
application have intense and pervasive impact on processes of taking informed decisions,
resulting in overall productivity gains. Therefore, in one word, the purpose of the Act is to
promote openness, transparency and accountability in administration.
The Need of RTI for Good Governance
The enactment of the Right to Information (RTI) Act, 2005 was a landmark in the history of
public administration in India. The new legislation brought sensitivity, responsibility and
accountability to the development process especially in the rural areas. RTI Act is path breaking
in controlling corruption and delays in the implementation of Government-sponsored programs
and in the functioning of public authorities.
Information and knowledge are critical for realizing all the human aspirations, such as,
improvement in quality of life. Before this Act, the accountability of public authority was
practically minimal. The people who voted for the formation of democratically elected
Governments and paid taxes to finance public activities had no legal rights to know as to what
process has been followed in framing the policies affecting them, how the programs have been
implemented, who are the concerned officials associated with the decision making process and
execution of the schemes and why the promises made for delivery of essential goods and
services to the poor have not been fulfilled. Not surprisingly, the culture of secrecy beginning
from the colonial rule till the first six decades of independence fuelled rampant corruption. Lack
6
Dr. Abhe Singh Yadav, Right to Information Act, 2005-An Analysis, 3-4 (3rd ed. 2012).
7
of openness and accountability in the functioning of the Government not only bred inefficiency
but perpetuated all forms of poverty.7
Good governance basically has four elements: Transparency, Accountability, Predictability and
Participation. These criterions refer to the availability of information to the general public and
clarity about functioning of Governmental institutions. Right to information helps in fulfilling
these objectives. Good governance and right to information are complimentary to each other.
Good governance is characterized by- political accountability, availability of freedom,
bureaucratic accountability, availability of information, effectiveness, efficiency, law abiding
citizen and cooperation between Government and society. Therefore, we can say that the Right to
information is a natural corollary of good governance.
Impact of RTI in Rural India:
Information is the currency that every citizen requires to participate in democracy. The greater
the access of the citizen to information, the greater would be the responsiveness of Government
towards its people.
Despite launching various schemes and measures for empowering and developing rural India, the
majority of rural India is still recognized by high incidence of poverty and illiteracy, widespread
disease, considerable unemployment, prevalent malnutrition level among children, miserable
rural infrastructure like roads, electricity, primary health, drinking water, traditional way of
farming, lack of irrigation facilities and many other such sociopolitical problems.
It is a non deniable fact that the rural people are less aware in knowing and exercising their right
that results in growing corruption rate of public works in the rural area. It is at this juncture that a
tool like RTI can make the path breaking impact in combating corruption and giving the people
their share of interest which the Government assures them.
The most important feature that distinguishes the Right to information from other rights is that it
is deeply rooted in the struggles and concerns for survival and justice of most disadvantaged
rural people. The Act is influencing rural people to come forward and question the progress on
various welfare schemes, creating a positive change in the most backward areas of Rajasthan,
7
Smita Srivastava, The Right to Information in India: Implementation and Impact, Volume 1, No. 1 Quarter IV,
Afro Asian Journal of Social Sciences, 2010.
8
Uttar Pradesh, Bihar, Jharkhand, Madhya Pradesh, Karnataka, Assam and in Maharashtra. Let’s
study some cases where the RTI became a major tool for achieving good governance in India.
1. Rajasthan
The first remarkable battle to fight corruption by accessing information from public authorities
started in the Devdungri village, Rajasthan. Aruna Roy, an IAS officer who left her job to work
for the betterment of the village people who were often cheated in their wages because of their
illiteracy. Observing the plight of the rural people, Aruna Roy, in 1987, along with Nikhil Dey
and Shankar Singh founded the Mazdoor Kisan Shakti Sangathan (MKSS). For years, in that
area, the people have been habitual victims of unremitting tradition of acts of corruption by state
authorities like extortion, nepotism, arbitrariness, yet they have been mostly silent sufferers
trapped in settled despair and cynicism 8. In 1994, MKSS entered a new phase, breaking new
ground with experiments in fighting corruption through the methodology of ‘Jan Sunwais’ or
public hearings. This movement, despite its local character, had state-wide reverberations that
shook the very foundations of the traditional monopoly, arbitrariness and corruption of the state
bureaucracy9. It was because of this RTI Act that made access to official records available which
helped in organizing the Jan Sunwais.
2. Delhi Hunger, malnutrition and occasional cases of starvation deaths in the rural areas of our
country are a major cause of concern. In order to ensure the food security and to maintain the
appropriate nutritional level among the citizens the Government has put in place the Public
Distribution System (PDS), which is supposed to make available the monthly rations to the
people in subsidised rate to the below poverty line (BPL) and the poorest of the poor section of
population. But due to the existence of unholy nexus between the licensees of the fair price shops
(FPS) and the officers of food supply department, substantial portion of the money is siphoned
off through black marketing, as a result of which the whole PDS system is in shambles. 10 But, the
fact that the use of RTI can change the whole PDS system was proved by the people of Sunder
8
Supra Note 7
9
Harsh Mander and Abha Joshi, The Movement for Right to Information in India, (21/08/2016, 11.32 pm),
http://www.humanrightsinitiative.org/programs/ai/rti/india/ articles/The%20Movement%20for%20RTI%20in
%20India.pdf
10
Pradeep Baisakh, Right To Information and Rural Development, (24/08/2016, 12.09 pm),
http://pradeepbaisakh.blogspot.in/2009/02/right-to-informationand-rural.html
9
Nagri area of Delhi. The information gathered through RTI showed the massive corruption in the
system and immediate action regarding this was taken.
3. Uttar Pradesh
In a Pre-Middle School in Panchampur village, situated 70 kilometers away from the District
Headquarters of Banda, Uttar Pradesh, a teacher was appointed for the school. However, the
teacher was absent for most of the times. The workers and volunteers from the Delhi based
organisations like Kabir and Parivartan, along with the local workers from the Chingari
Sangathan under the ‘Action Research Villages’ Campaign, propagated the use of the Right to
Information. Finally, the villagers witnessed a ray of hope when they learned that they could
question the Government and ask for information related to the attendance records, leave records
and medical records of the absconding village school teacher.
4. Punjab
The life of a spy is really dangerous as it consist risk at every point. And no one knows better
than Kishorilal Sharma, alias Amarik Singh, alias Saleem, who spied for India in Pakistan. He
put his life into danger relying on the Indian Military Intelligence (IMI) who made promises to
him, that they would help him and his family as and when needed. Though he was expecting a
warm welcome after his release from a Pakistani prison on September 18, 1974, yet no one
turned up at the border to receive him. Even the IMI refused to recognise him, and this is a
common tendency in the intelligence system of any country. However, the state Government
assured that it would provide financial aid for people like Sharma. He fought for a long time yet
nothing materialized. On September 2005, he filed an RTI application regarding this matter.
When this case came into light, over 50 other complaints were also received pertaining to the
malpractices in District Commissioner office, Police department, Income Tax department, Chief
Secretary, Punjab and many other departments. This single complaint led the way to expose
major corrupt practices in the Government departments of the State.
5. Assam
Krishak Mukti Sangram Samiti (KMSS) is a prominent organisation based in the state of Assam
formed by RTI activist Akhil Gogoi. The organisation works on diverse range of issues ranging
from corruption in public distribution system, nonimplementation of National Rural Employment
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Guarantee Scheme (NREGA), land rights, Governmental and corporate corruption, construction
of big dams in fragile seismic territories of North East India etc. The most prominent work of the
Krishak Mukti Sangram Samiti was in 2007 when they filed an RTI application that revealed
irregularities in the distribution of food meant for people below the poverty line. The allegations
of corruption were probed and several high profile Government officials were arrested. They are
still going through suspension because of their corrupt activities.
Important Judicial Pronouncements Relating to RTI
In order to understand the effectiveness of a Fundamental Right it is important to analyse the
various aspects in which the right has been given effect by the Judiciary. A few landmark cases
have been taken to highlight the various facets relating to Right to Information:
In Bennett Coleman v. Union of India11, for the first time, right to know as a Fundamental right
was realized and consequently the Supreme Court ruled that the right to freedom of speech and
expression guaranteed by Art. 19(1) (a) included the right to information.
In State of UP v. Raj Narain12, Justice Mathew thoroughly stated, “It is not in the interest of the
public to cover with a veil of secrecy the common routine business … the responsibility of
officials to explain and to justify their acts is the chief safeguard against oppression and
corruption.”
In Secretary, Ministry of I&B, Government of India v Cricket Association of Bengal 13, the
Supreme Court held that the right to impart and receive information from electronic media was
included in the freedom of speech.
In S.P. Gupta v. Union of India 14, the right of the people to know about every public act, and
the details of every public transaction undertaken by public functionaries was illustrated by the
Apex Court of India.
11
AIR 1973 SC 106 13
12
1975 AIR 865 SC
13
(AIR 1995 SC 1236)
14
AIR 1982 SC 149
11
In People’s Union for Civil Liberties v. Union of India 15, the right to information was further
elevated to the status of a human right, necessary for making governance transparent and
accountable.
Landmark Decisions by the Chief Election Commission:
In the case of Paramveer Singh v. Punjab University 16, the applicant applied for information
regarding the merit list for selection of candidates to a particular post in the university. However,
no proper information was provided. The Commission held that every public authority, must take
all measures in pursuance of Section 4(1) (a) to implement efficient record management systems
in their offices so that the requests for information can be dealt promptly and accurately.
In the case of Shyam Yadav v. Department of Personnel Training 17, the applicant had sought
details of property statements filed by bureaucrats. The Commission held that property
statements filed by civil servants are not confidential and information can be disclosed after
taking the views of concerned officials as per the provisions of the RTI Act.
In case of Ram Bhaj v. Delhi Government 18, the appellant sought information about the
guidelines issued by the Department of Personnel and Training regarding the disposal of public
grievances within a specified time frame. The CIC directed the Delhi Government to inform the
common man about the timeframe required to redress their grievances.
RTI Activists: Threatened Group of the Society
Though the RTI Act is helping in promoting good governance, yet it has major lacunae when it
comes to the safety and security of the activists who risk their lives for public good. The RTI
activists are the risk takers who often put their life into danger for the benefit of others. Yet it is a
bitter truth that the risk that they take to expose corrupt practices many times end with the end of
their lives. Since 2011, there has been a huge rise in the number of attacks done at RTI activists.
There have been several media reports about incidents of harassment, threat, coercion and
violence against RTI users and their family members by both state and the non-state actors.
Media and civil society organisations have particularly been instrumental in raising the issue of
15
AIR 1997 SC 568.
16
(CIC/OK/A/2006/000669, 15/6/2006).
17
(CIC/WB/A/2009/000669, 17/6/2009).
18
(CIC/SG/A/2010/000537+000538/7492, 19/4/2010).
12
protection of the RTI users with the policy makers. The issue has gained great prominence and
has been frequently discussed in the Parliament, courts and the executive meetings. It has now
been widely accepted that RTI users are prone to victimisation by those with vested interests and
a protective mechanism needs to be in place to curb such a practice.19
Ms. Shehla Masood, a prominent name in the field of RTI, Madhya Pradesh, was brutally
murdered. She was an activist working primarily on wildlife conservation, and also supported
other causes like good governance, Police reforms, environment, women's rights etc. The recent
killings of Vyapam whistle blowers, Mumbai based activist Satish Shetty, etc. are instances that
justifies that RTI activists are extremely vulnerable as they live in the same areas as the corrupt
public authorities, political leaders and mafia who do not want information about their illegal
activities to be disclosed. The sad part is that these mishaps get media attention only when there
is a killing, maiming or someone is battling for life. When complaints are made by RTI activists,
the law enforcement personnel, who are usually hand in glove with those threatening the RTI
activists, do not take necessary action. The Right to Information Act, 2005 provides no
protection. The Central Information Commission and the State Information Commissions are not
mandated either to deal with such threats or attacks or to provide protection when needed.20
The issue to protect the whistleblowers caught the attention of the entire nation when National
Highways Authority of India engineer Satyendra Dubey was killed after he wrote a letter to the
office of the then Prime Minister detailing corruption in the construction of highways. His
confidential letter was leaked out and after a few days he was murdered. This led to a national
outcry regarding the safety of RTI activists. The Supreme Court taking the notice of this issue
pressed the Government to take notice of this matter and give immediate effect to the cause.
Many times the issue has been raised in the parliament yet no permanent solution is achieved.
Even The National Human Rights Commission (NHRC), mandated to protect the Human Rights
of citizens have also reported that they get ample of complaints about attacks on RTI activists
and have begun to take cognizance of these attacks.
19
Manu Moudgil, Analysing victimisation of RTI applicants and strategies for their protection,
http://rti.gov.in/manu_moudgil_rti_fellowship_report.pdf (28 June, 2020).
20
Ibid.
13
Because of all these reasons there is an urgent need for amendment of the Right to Information
Act, 2005 so as to provide protection for those seeking information under the Act. The Asian
Centre for Human Rights recommended that a separate chapter, “Protection of those seeking
information under the (RTI) Act” be inserted in the Act.
The Indian RTI Act does not specifically address the issue of protection, however the NCPRI-
RaaG21 study recommends that Information Commissions (ICs) should receive complaints of
threats and attacks as complaints received under Section 18(1) (f) of the RTI Act and, where
prima facie merit is found in the complaint, the IC should institute an inquiry under Section
18(2)23 read along with Section 18(3) which grants IC the powers of civil court and Section 18
(4)24. The report goes on to suggest that such intimidation, threat or attack can also qualify as
obstruction and falls within the gamut of Section 20(1) as an offence liable for penalty.
It is not that the Government is not concerned with the growing attack on the RTI Activists. The
Public Interest Disclosure (Protection of Informers) Bill 2010 was introduced in the Lok Sabha
on August 26, 2010. The Bill seeks to establish a mechanism to register complaints on any
allegations of corruption, willful misuse of power or discretion against any public servant. The
Bill also provides safeguards against the victimisation of the person who makes the complaint.
However, the Bill has not been passed yet.
Much water has flown down the rivers across the country because of no prominent legislative
measure to protect the RTI activists. The process of fighting the atrocities, attack or torture
without any strong legislative back up indicates that the victims or their families often do not get
justice. With public memory being proverbially short, it is difficult to ascertain the outcome of
the criminal cases launched in such matters, especially when the media does not follow up with
the incident.
Conclusion and Suggestions
RTI – the significant instrument to access public information is a unique legislation that puts a
common man in the same footing as that of an MP, MLA or any other member within the
authority to seek accountability and appropriation of the functioning of the Government. Though
the RTI is a remarkable piece of legislation yet it has issues and challenges in its execution and
21
Report Published on 2009 available at http://timesofindia.indiatimes.com/articleshow/ 4791397.cms (23/06/2020)
14
implementation especially in the downtrodden areas. For the effective application of the Act, the
following suggestions are put forward:
1. The technicalities of filing an RTI application should be more simplified. The literacy rate of
rural India is quite low and thus they find it quite difficult to comply with the procedural
formalities. In response to this, the state of Bihar has set a new example by their phone in system
of filing an RTI complaint. Even an illiterate can then avail access to RTI through this means.
This system needs to be followed throughout the whole country.
2. The report of the second Administrative Reforms Commission 22 entitled, “Right to
Information – Master Key to Good Governance” recommends that the Official Secrets Act,
1923, should be repealed, as it is incongruous with the regime of transparency in a democratic
society. This recommendation should be adhered to.
3. RTI gives twin effect of good governance and inclusive development. Thus, the usability and
effect of the RTI should be publicized by awareness campaigns to the general people especially
for the poor and marginalized people who are more victimized when compared to the rest. In this
aspect, the role of NGO’S and the media is highly anticipated.
4. There is an urgent need to protect the whistle blowers who are targeted or attacked so easily.
The impending bill should be passed or else an ancillary strict measure should be taken in this
regard.
5. The disposal rate of RTI application is quite low. Unless and until the pendency rate is
curtailed, the objective of the Act would not be met.
Thus, the Information Commission needs to be more active in their functioning. The stricter
implementation of this law not only depends on the political will but also active civil societies.
Currently, the RTI Act in India is passing through a decisive phase, much more needs to be done
to facilitate its growth and development. Mere protest against the lack of implementation of this
law alone is not sufficient, one needs to encourage this initiative taken, for the law to grow and
mature.
22
1st Report of the Second Administrative Reforms Commission, June 2006 available at
http://arc.gov.in/rtifinalreport.pdf (28/06/2020)
15
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