BPAE-141

RIGHT TO INFORMATION

School of Social Sciences

Indira Gandhi National Open University
EXPERT COMMITTEE

Prof. C.V. Raghavulu Prof. Ramanjit Kaur Johal IGNOU Faculty

Former Vice-Chancellor of Nagarjuna University School of Open Prof. Pardeep Sahni
University, Guntur (A.P.) Learning, Panjab University Prof. E. Vayunandan
Prof. Ramesh K. Arora Chandigarh Prof. Uma Medury
Former Professor of Public Prof. Rajbans Singh Gill Prof. Alka Dhameja
Administration Department of Public Prof. Dolly Mathew
Rajasthan University, Jaipur Administration, Punjabi Prof. Durgesh Nandini

Prof. O. P. Minocha University, Patiala

Consultants
Former Professor of Public Prof. Manjusha Sharma Dr. Sandhya Chopra
Administration Department of Public Dr. A. Senthamizh Kanal
Indian Institute of Public Administration
Administration, New Delhi Kurukshetra University Conveners and
Prof. Arvind K. Sharma Kurukshetra Programme
Former Professor of Public Prof. Lalneihzovi Coordinators
Administration Department of Public Prof. Dolly Mathew
Indian Institute of Public Administration Prof. Durgesh Nandini
Administration, New Delhi Mizoram Central University
Prof. R. K. Sapru Prof. Neelima Deshmukh
Former Professor of Public Former Professor of Public
Administration Administration, Rashtrasant
Panjab University, Chandigarh Tukadoji Maharaj Nagpur
Prof. Sahib Singh Bhayana University, Nagpur
Former Professor of Public Prof. Rajvir Sharma
Administration Maharaja Agrasen Institute of
Panjab University, Chandigarh Management Studies, Delhi
Prof. B.B. Goel Prof. Sanjeev Kumar Mahajan
Former Professor of Public Department of Public
Administration Administration, Himachal
Panjab University, Chandigarh Pradesh University, Shimla
Prof. Ravinder Kaur Prof. Manoj Dixit
Department of Public Administration Department of Public
Osmania University, Hyderabad Administration, Lucknow
Prof. C.Venkataiah University, Lucknow
Dr.B. R. Ambedkar Open University Prof. Sudha Mohan
Hyderabad Department of Civics and
Prof. G. Palanithurai Politics, University of Mumbai
Department of Political Science and Mumbai
Development Administration
Ghandhigram Rural University
Ghandhigram

Course Coordinator and General Editor: Prof. Durgesh Nandini, Faculty of Public
Administration, School of Social Sciences, IGNOU, New Delhi
Content Editor: Prof. Jaytilak Guha Roy, Former Professor, Indian Institute of Public
Administration, New Delhi

COURSE PREPARATION TEAM

Unit Title Unit Writer

Block 1 Right to Information: An Introduction

Unit 1 Right to Information: Evolution, Prof. (Dr) Preeti Misra, Head, Department of
Concept, Achievements and Human Rights, School of Legal Studies,
Limitations Babasaheb Bhimrao Ambedkar University,
Lucknow, Uttar Pradesh

Block 2 The Right to Information Act, 2005

Unit 2 The Right to Information Act, 2005:
An Overview
Prof. (Dr) Preeti Misra, Head, Department of
Unit 3 The Right to Information Rules Human Rights, School of Legal Studies,
Unit 4 The Central Information Babasaheb Bhimrao Ambedkar University,
Commission Lucknow, Uttar Pradesh
Unit 5 The State Information Commission
Block 3 Implementation of the Right to Information Act, 2005: Issues and Challenges
Unit 6 Administrative Efficiency,
Transparency and Accountability Dr. Sapna Chadah, Assistant Professor,
through the Right to Information Administrative & Constitutional Law, Indian
Act, 2005: Issues and Challenges Institute of Public Administration, New Delhi.
Unit 7 Role of the Central Information
Commission, State Information
Commissions and Public
Authorities: Expectations and
Constraints
Unit 8 The RTI Act, 2005: Constraints in Dr. Rajvir S. Dhaka, Senior Faculty Member,
its Implementation at the District Haryana Institute of Public Administration,
Level Gurgaon, Haryana.
Unit 9 Role of Media Prof. (Dr) Preeti Misra, Head, Department of
Human Rights, School of Legal Studies,
Unit 10 Role of Civil Society Organisations Babasaheb Bhimrao Ambedkar University,
Lucknow, Uttar Pradesh
Block 4 Towards Good Governance through Right to Information: Initiatives and Impact
Unit 11 Significance of Right to Information Dr. Rajvir S. Dhaka, Senior Faculty Member,
for Governance Haryana Institute of Public Administration,
Gurgaon, Haryana.
Unit 12 Judgments of the Supreme Court and
High Courts: Instrument for Dr. Sapna Chadah, Assistant Professor
facilitating the RTI Enforcement Administrative & Constitutional Law, Indian
Unit 13 Good Practices and Success: Efforts Institute of Public Administration, New Delhi.
to realise Transparency and
Accountability
Unit 14 Social Audit Prof. Durgesh Nandini, Faculty of Public
Administration, IGNOU, New Delhi.
Unit 15 RTI : Bridging the Gap between Prof. (Dr) Preeti Misra, Head, Dept. of Human
Rights and their Enforceability Rights, School of Legal Studies, Babasaheb
Bhimrao Ambedkar University, Lucknow, U.P.
Formatting of References - Dr. A. Senthamizh Kanal
Graphics/ Cover Design –R K Enterprises
Secretarial Assistance – Ms. Kanta Rawat

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January, 2022
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 Course Contents
Page No.
BLOCK 1 RIGHT TO INFORMATION: AN INTRODUCTION 7
Unit 1 Right to Information: Evolution, Concept, Achievements and
Limitations 9
BLOCK 2 THE RIGHT TO INFORMATION ACT, 2005 33
Unit 2 The Right to Information Act, 2005: An Overview 37
Unit 3 The Right to Information Rules 54
Unit 4 The Central Information Commission 71
Unit 5 The State Information Commission 93
BLOCK 3 IMPLEMENTATION OF THE RIGHT TO
INFORMATION ACT, 2005: ISSUES AND
CHALLENGES 113
Unit 6 Administrative Efficiency, Transparency and Accountability
through the Right to Information Act, 2005: Issues and
Challenges 117
Unit 7 Role of the Central Information Commission, State
Information Commissions and Public Authorities:
Expectations and Constraints 131
Unit 8 The RTI Act, 2005: Constraints in its Implementation at the
District Level 148
Unit 9 Role of Media 163
Unit 10 Role of Civil Society Organisations 183
BLOCK 4 TOWARDS GOOD GOVERNANCE THROUGH RIGHT
TO INFORMATION: INITIATIVES AND IMPACT 205
Unit 11 Significance of Right to Information for Governance 209
Unit 12 Judgments of the Supreme Court and High Courts:
Instrument for Facilitating the RTI Enforcement 224
Unit 13 Good Practices and Success : Efforts to Realise
Transparency and Accountability 240
Unit 14 Social Audit 257
Unit 15 RTI : Bridging the Gap between Rights and their
Enforceability 278
SUGGESTED READINGS 300
COURSE INTRODUCTION
Right to Information has contributed in strengthening the participatory
democracy and promoting transparency and accountability at all levels of the
Government. In this Information Age, the Right to Information Act, 2005 has
marked a paradigm shift in Indian democracy by providing an unrestrained
access to information to the citizens. The institutionalisation of the RTI
regime has, therefore, to be recognised as a far reaching step towards
deepening of democracy in India. This landmark legislation has enabled the
common citizens to participate enthusiastically in the process of governance
by exercising their right to seek information from the Government and its
agencies. Besides empowering the citizens, the Act has also fixed the
responsibility on the officials for timely delivery of information to the
information seekers. In this regard, the role of Information Commission can
be vital. For example, during Covid-19 phase or any other pandemic it is
necessary to ensure that citizens can obtain necessary information on
healthcare facilities, government’s social security programmes and delivery
of essential goods and services meant for marginalised section of the society.
These measures, in the long run, will contribute in curbing corruption and
developing citizen's trust in the governmental actions for sustainable
development.

The Course entitled “Right to Information” aims to familiarise the learners

with evolution of the right to information, significance of the Right to
Information Act, 2005 (the RTI Act, 2005) and the Right to Information
(Amendment) Act, 2019 and the RTI rules, 2019. The study highlights the
issues and challenges in implementation of the RTI Act. It discusses the
judgments of the Supreme Court and High Courts as an instrument for
facilitating the RTI enforcement. A few success stories and case studies,
which have contributed to the strengthening of governance through the RTI,
are explained in this Course. The Course has been divided into four Blocks
and fifteen Units.





 BLOCK 1
 RIGHT TO INFORMATION:
AN INTRODUCTION

BLOCK 1 RIGHT TO INFORMATION: AN
INTRODUCTION

This is an introductory Block, titled “Right to Information: An

Introduction” of Course BPAE 141. In this Block, our focus will be on
evolution of the RTI, and its achievements and limitations.

The first Unit on Right to Information: Evolution, Concept, Achievements

and Limitations of this Course highlights the history and origin of
information as a right, both in national and international perspectives. It tries
to look into the jurisprudential aspect of the right to information. It explains
the concept of information and right to information in different legal systems
of the world, and in international documents. In addition, the study refers to
empowerment of people in carrying out social audit of the governmental
organisations and its functions by obtaining information on work executed
and not executed, especially to find out the gaps in rendering of services. It
also brings to light the acts of omissions and commissions including cases of
inaction, harassment, extortion, corruption or abuse of power and authority
on the part of the officials of various departments of the government and its
instrumentalities. Further, the study investigates into the statutory provisions
of the Right to Information Act, 2005 and other specific statutes, which put a
bar in disclosing information to people on various grounds.




 Right to Information:
UNIT 1 RIGHT TO INFORMATION: Evolution, Concept,
Achievements and
EVOLUTION, CONCEPT, Limitations

ACHIEVEMENTS AND
LIMITATIONS*

Structure

1.0 Objectives
1.1 Introduction
1.2 Right to Information: Evolution
1.3 Right to Information: Conceptual Analysis
1.4 Right to Information: Achievements
1.5 Right to Information: Statutory Limitations
1.6 Appraisal
1.7 Conclusion
1.8 Glossary
1.9 References
1.10 Answers to Check Your Progress Exercises

1.0 OBJECTIVES
After studying this Unit, you should be able to:

x Discuss the origin and evolution of right to information;

x Explain the conceptual genesis and philosophical basis of right to
information;

x Distinguish between the right to information and freedom of

information;

x Describe the importance of right to information as a tool of social

transformation and its landmark achievements for good governance;
x Highlight the restrictions that may be placed on the right to information;
and
x Suggest necessary measures to realise the objectives of right to
information.


Ύ
Contributed by Prof. (Dr) Preeti Misra, Head, Department of Human Rights, School of
Legal Studies, Babasaheb Bhimrao Ambedkar University, Lucknow, Uttar Pradesh.
9

 
Right to
Information: An
1.1 INTRODUCTION
Introduction
In the democratic societies, information is power in the hands of common
people. The democracy expects openness and openness is a concomitant of
free society. The openness is possible only when the “right to know” can be
exercised by the people. In a democracy people are sovereign, they have the
right to know what their representatives are doing. Hence, information is
indispensable for the transparent and accountable functioning of a true
democratic government. It provides safeguards against abuses,
mismanagement and corrupt practices. It is also beneficial to the government,
as openness and transparency in the decision-making process assist in
developing citizen's trust in governmental actions. More than 177 years ago,
James Madison, the fourth President of the US said, “A popular government
without popular information or the means of acquiring it is but a prologue to
a farce or a tragedy, or perhaps both. Knowledge will forever govern
ignorance; And a people who mean to be their own governors, must arm
themselves with the power which knowledge gives” (Letter to Edward
Livingston quoted in Pal, 2009).

Freedom of speech, freedom of the press, freedom of expression and freedom

of information are four different notions, though related to each other.
“Although they are related to similar things, they are not identical” (Martin,
“Media Law” quoted in Ryder, 2006). Freedom of speech means ability of
the individual to express and communicate his ideas.

Freedom of expression contains many of the basic elements of free speech. In

its broader and expansive notion, it includes freedom to speak, write, print
and publish. Freedom of expression may also include the communication of
ideas or opinions through gestures. Freedom of information is quite different
from freedom of speech, freedom of the press or freedom of expression.
Freedom of information means individual’s ability to gain access to
information in the possession of the State authorities. It is the right of the
individual to be informed about the activities of his State-past, present and
future. The phrases “access to information” and “freedom of information”
have been used synonymously. In the present Unit, we are going to discuss
evolution and concept of the right to information, jurisprudential aspect of
this right and its philosophy. We will also analyse the achievements and
limitations of the Act.

1.2 RIGHT TO INFORMATION: EVOLUTION

Highlighting the importance of right to information, in its very first session in
1946, the UN General Assembly adopted Resolution 59 (1) stating,
“Freedom of information is a fundamental human right and the touch-stone
10 of all the freedoms to which the United Nations is consecrated”. Thereafter,


governments around the world were increasingly making available more Right to Information:
Evolution, Concept,
information about their activities. Over fifty Countries around the World Achievements and
Limitations
adopted comprehensive Freedom of Information Acts or Right to Information
Acts to facilitate access to records held by governmental bodies. Various
factors such as international pressure, modernisation, corruption and
scandals, recognition of right to information as a human right etc. have been
responsible for this wave.

The phrase “Freedom of Information” owes its origins to the United States.
In the later part of the 20th Century, US Supreme Court “interpreted the First
Amendment to the Constitution to include a right to access of information.
Till that time, the right to information had only been interpreted to indirectly
guarantee the people’s right to know through the right of freedom of speech
and the press” (Aroopagita, 2009). In United States the right to information
can be traced through the cases of United States v. The Progressive Inc (467
F. Supp. 990 (1979)) and New York Times Co. v. United States (403 U.S. 713
(1971)),“wherein District Court Judge Robert W. Warren granted a
preliminary injunction against the publication of an article. Acknowledging
“the injunction will infringe upon (the public’s) right to know and to be
informed”. Judge Warren concluded, “this Court can find no plausible reason
why the public needs to know the technical details about the hydrogen bomb
construction to carry on an informed debate on this issue”. However, Sweden
was the first Country, to enshrine a right to access of information in 1766.The
oldest freedom of information law is called the Swedish Freedom of the Press
Act, though its rights to access provisions are not limited to the press at all.
Right to information was introduced to the rest of the world only after two
centuries.

The concept of an open government directly flows from the right to know,
which is implicit in the fundamental right to freedom of speech and
expression, guaranteed under Article 19(1) (a) of the Indian Constitution. In
a democratic form of Government, disclosure of information with regard to
the functioning of Government must be the rule. Secrecy can only be an
exception justified only where the strict requirement of public interest so
demands. The Courts can satisfy protection of secrecy only on the ground of
requirement of public interest, bearing in mind all the time that disclosure
also serves an important aspect of public interest.

The freedom of speech and expression includes right to acquire information

and disseminate it. It is necessary for self-expression, which is an important
means of free conscience and self-fulfillment. It enables people to contribute
to debates on social and moral issues. It is the best way to find a truest model
of anything, since it is only through it, that the widest possible range of ideas
can circulate. It is the only vehicle of political discourse, so essential to
democracy. Freedom of speech and expression includes freedom of the press. 11

 
Right to The freedom of the press in turn includes the right to circulate and also to
Information: An
Introduction determine the volume of such circulation.

The Right to Information is indisputably a fundamental right. According to

Sarbjit Sharma and Krishan Gopal (2006), right to information is a necessary
tool for social welfare. They point out that this right is a potent tool for
countering many of the social evils from society and for protecting
fundamental rights of the people. The RTI is also necessary for protecting
civil liberties, just to quote as example, by making it easier for civil society
groups to monitor wrong doings like encounter killings or the abuse of
preventive detention legislation.

In India a nationwide concerted campaign by Mazdoor Kisan Shakti

Sangathan (MKSS), National Campaign for People’s Right to Information
(NCPRI), Press Council of India (PCI) and others led to the demand for right
to information. The legislation saw the light when Parliament passed
Freedom of Information Act, 2002. It was for the first time, this right was
recognised by the legislature of India, but it could not become a statute as it
was not notified by the government. The Right to Information Act, 2005 that
replaced the Freedom of Information Act, 2002 is a significant development
in the realm of the Constitutional and Administrative law and a means of
social audit in India. It may be stated that the RTI Act of 2005, “is merely the
legislative implementation of the constitutional norm of the right to know
available to the people against the Government as a part of democratic
structure of the Constitution” (Rai, 2011).

The Government of India enacted the Right to Information Act, 2005, which
is considered to be one of the most important laws in furtherance of good
governance. It contains all the rules and procedures regarding the citizen’s
right to information from the government, inspect government documents,
and seek certified photocopies thereof. The RTI Act of 2005 mandates timely
response to citizens requests for government information. The RTI is a part
of fundamental rights under Article 19(1) of the Constitution. Article 19(1)
specifies that every citizen has freedom of speech and expression. Any
person who is the citizen of India or Non-Resident Indian (NRI) can file
Right to Information requests. It extends to whole of India including the State
of Jammu and Kashmir after the revocation of Article 370.

It recognises the people’s right to information, which has been proclaimed by

numerous judicial pronouncements as a fundamental right enshrined in our
Constitution. Enactment of the Right to Information (RTI) Act, 2005 is a
historical step. It substituted the culture of secrecy and control with
transparency and participation. The RTI Act not only covers the Central and
State Governments, but also the grassroots democratic bodies and the
institutions, which receive Government grants. The RTI Act, 2005 empowers
12


citizens with information for ensuring transparency, accountability and good Right to Information:
Evolution, Concept,
governance. The Act also casts an obligation on every public authority to Achievements and
Limitations
provide information suo motu to the public and to publish annually various
particulars concerning the organisation including the categories of documents
available with it.

The Right to Information Act, 2005 defines Information as “any material in

any form, including records, documents, memos, e-mails, opinions, advices,
press releases, circulars, orders, logbooks, contracts, reports, papers, samples,
models and data material held in any electronic form”. It also includes
information relating to any private body, which can be accessed by a public
authority under any other law for time being in force.

According to the RTI Act, 2005 right to information means,“the information

accessible under this Act, which is held by or under the control of any public
authority and includes the right to:

i) inspection of work, documents, records;

ii) taking notes, extracts or certified copies of documents or records;
iii) taking certified samples of material; and
iv) obtaining information in the form of diskettes, floppies, tapes, video
cassettes or in any other electronic mode or through printouts where such
information is stored in a computer or in any other device”.

Access to information is often called, and rightly so, as the “oxygen for a
democratic society”. Citizens are gradually becoming more aware of their
right to information. The Act has been used as a tool to hold elected
representatives accountable for the manner in which they spend public funds.
In this way, more than the law, the Right to Information Act is a process, a
tool, a concept and a cultural approach to life.

1.3 RIGHT TO INFORMATION: CONCEPTUAL

ANALYSIS
Etymologically, the term “information” is derived from the Latin words
“Formation” and “Forma”, which means “giving shape to something and
forming a pattern, respectively. Being a matter related to speech and
expression, information is known as something which removes vagueness in
ideas and adds something new to our awareness” (Kumar, 2009).

E. Westermarck found, “all the important differences of moral opinions

between savage people and civilized nations depend on knowledge or
ignorance of facts”. Among the “seven goods necessary for human being and
one of them is knowledge”. Francis Bacon long ago pointed out, “knowledge
is power that comes from information”. Similarly, the theory of knowledge 13

 
Right to propounded by Descartes is based on the “method of doubt” Finnis (2011).
Information: An
Introduction His “method of doubt pre-supposes that data and information is to acquire
knowledge for the clarification of doubt that one has. Unless we have access
to information we cannot acquire knowledge and there can be no wisdom
without knowledge”. John Locke, who was an empiricist, did not agree, “man
is a divine creature having predetermined ideas while coming into this world.
As an empiricist he believed that knowledge is the product of experience. For
him, no man's knowledge can be segregated from his experience. He was of
the view that man is born with an empty mind. There are no such things as
innate ideas and moral precepts. Beginning empty, the human mind acquires
knowledge through the use of the five human senses and through the process
of reflection. The empty mind of the human being is filled up by the
information it receives and the interpretation it makes on the basis of the
received information. One can infer that the people who do not have access to
information cannot judge right or wrong because their mind cannot be
nurtured properly. For this reason information is essential to enrich human
mind”(cited in Mahajan, 2000).

John Milton in his book “Areopagitia” develops certain arguments, which

are valuable to understand the philosophical foundation of the right to
information. Milton was of the opinion, “the licensing order cannot possibly
achieve its preferred end. Truth is strong and will prevail without the help of
the censor’s coercive assistance. He says that truth is strong, next to the
“Almighty”. Truth in Milton’s universe is considered to prevail in due time.
The “Areopagitia” exalts the importance and dignity of learning. He calls
truth as one richest product. Similarly, he valued many forms of secular
knowledge, which come from divergent source of information. He believed
that each citizen must use sovereignty over one’s mind and must use that
mind to help energise the society and hold its leader accountable” (J. Locke,
Two Treaties of Civil Government.

Writings of John Stuart Mill also supports the right to information. From his
writings one can conclude, “without information or resources to nourish the
mind no one can judge something as right or wrong”. Mill in his book On
Liberty argues, “a person should endeavour to know the ideas of his
opponents with greater imagination and understanding than he devotes to
knowing his own” (John Stuart Mill, “On Liberty” reproduced in Morris,
1971). Thomson Emerson also talked about the “role of discussion”. He was
of the opinion, “suppression of ideas promotes inflexibility and substitutes
force for reason” (Emerson, 1976). The powerful argument for openness is
also found in the writings of Madison. He was of the opinion, “meaningful
participation in democratic processes requires informed participants.
Informed participation is possible only if there is an access to information.
Excessive secrecy in the government reduces the chances of the citizens to be
14


informed which create hindrance for the meaningful participation”(Barlow, Right to Information:
Evolution, Concept,
1994). Achievements and
Limitations
Public opinion is indispensable to establish a just system of governance based
on popular consent. Public opinion created by information is only the soul of
democracy. There is a very good nexus between public opinion and access to
information. If there is no access to information, public opinion cannot be
effective because information is the tonic for the human mind and in the
absence of it the human mind cannot form effective opinion.

John developed the concept of information very brilliantly. He

conceptualised information as follows:

a) Information is an activity

b) Information is a life form
c) Information is a relationship.

“Information is an activity because it is something that happens in the field of

interaction between minds and objects or other pieces of information. It is
generated in human mind and it is movable” (Barlow, 1994).

Toffler is of the view, “information is conveyed by propagation but not by

distribution”. Similarly “information has some characteristics that make it
comparable to a living being. Information replicates one after another, and
wants change like a living being”. With the lapse of time, the value of
information decreases and finally it dies like the farm products in general.
Likewise “information is a relationship because it has value. Therefore, we
say that information is money. Most of the money in the informative world is
in ones and zeros. Information has become as fundamental to the creation of
modern wealth as land and sunlight once were”(Toffler, 1981).

According to Ryder, right to information is an access to information. He

stated, “Access to information may be defined as the ability of the citizen to
obtain information in the possession of the state”. He says, some states
provide for access in their Constitution and Laws, many do not. Even where
access is recognised, it is invariably subject to limitations Ryder (2006).

“Information is power”, has been one of the most common sayings. On the
other hand, the absence of adequate and accurate information can collapse
economies, cripple governments and paralyses societies. It is not the military
might or economic prosperity that can be considered as indicators of a strong
nation, rather it depends on the good governance of the nation. Governance
means rules, processes and behaviour that affect the ways in which powers
are exercised. The principles that strengthen good governance are openness,
participation, accountability, effectiveness and coherence. If the people are
well informed, they will be more vigilant and hence, democracy will become 15

 
Right to more vibrant. Access to government information is one of the conditions for
Information: An
Introduction democratic participation through which the common people can exercise
democratic control over government authorities. Information is an important
element for a fair, free public administration and transparency in
governmental actions. This could be obtained only through empowering the
people to have access to official information. To diminish information to
people is to diminish their participation in Government. As Jefforson said,
“Information to the people is the most certain and legitimate engine of
government. When a government refuses to put its trust in the people, the
people in turn will withdraw their trust from the Government” (Mathew,
1979). In real sense, the Government of the people, by the people and for the
people requires that people should know who govern them and how are they
being governed? “Modern democracy has given valuable concepts and
instrumentalities suitable for social transformation. Inspired by Constitutional
ideals a number of specific legislations have contributed to welfare ideology
of the Government and have led to social transformation. The concept of
right to information, backed by the people’s will and definite legal base”
(Bhat, 2009), has empowered the people for social transformation in the
direction of good governance.

Check Your Progress 1

Note: i) Use the space given below for your answers.

ii) Check your answers with those given at the end of the Unit.
1) Discuss the origin of right to information in India.
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2) Elaborate upon the right to information as incorporated under Article
19(1)(a) of the Indian Constitution.
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16


3) Discuss the concept of right to information and distinguish freedom of Right to Information:
Evolution, Concept,
expression from freedom of information. Achievements and
Limitations
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1.4 RIGHT TO INFORMATION:

ACHIEVEMENTS
The Right to Information Act, 2005 aimed at ensuring maximum disclosure
with minimum exemptions. The Act has been very impactful due to its brief
and crisp construction. Every citizen is empowered to get information. All
that one need to do is to make a request in writing as no fixed proforma is
required, pay minimal fees and specify the particulars of the information
sought. Sub-Section (2) of Section 6 specifically says that an Applicant,
making request for information, is not required to give any reason for
requesting the information or any other personal detail, except those that may
be necessary for contacting him. The Act has brought many documents and
details in public domain that would have otherwise remained bundled in files.
It structured and strengthened many litigations, gave birth to many RTI
activists. In 15 years of its implementation, reels of pages have been
photocopied and have reached the citizens through the tool of RTI” (Megha,
2021). Precisely, the achievements of RTI may be summarised as follows:

x Means of Social Audit

The Right to Information is a means of social audit. It empowers to carry
out social audit of the governmental organisations by obtaining
information on work executed and that prevailing on the ground to find
out the gaps in provisions of services. It also brings to light the acts of
omissions and commissions including cases of inaction, harassment,
extortion, corruption or abuse of power and authority on the part of the
officials of various departments of the government, its local bodies,
autonomous organisations/undertakings and other institutions owned or
substantially financed by the government including non-governmental
organisations.
x Tool of Social Transformation
In any society transformation can be brought by an informed citizenry.
RTI is an instrument through which information regarding policies and
programmes of the Government, decisions taken on various issues of
17

 
Right to public importance lying in the possession of public authorities can be
Information: An
Introduction unraveled. “Right to information is not only a human right but also an
essential tool of democracy” (Union of India v. Assn. for Democratic
Reforms (2002) 5 SCC 294; People’s Union for Civil Liberties (PUCL)
v. Union of India (2003) 4 SCC 399). It helps in combating corruption
and misuse of power. It brings good governance through accountability
and transparency and thus strengthens democratic institutions. Judiciary
recognised “freedom of press at the heart of social and political discourse
and played a definite role in the process of social change” (Indian
Express Newspapers v. Union of India, (1985) 1 SCC 641: AIR 1986 SC
515; Union of India v. Motion Picture Assn. (1999) 6 SCC 150).
Judiciary has also played a key role in bringing out social dimension of
the RTI by protecting rights of deprived sections of the society.
In a significant order, the Central Information Commission (CIC) partly
allowed a wife’s appeal, seeking information about her husband’s
income under the Right to Information Act, 2005. Information
Commissioner, while relying on certain High Court orders where it was
held that a wife is entitled to know what remuneration her husband is
getting, directed the Income Tax Authority to provide the Appellant wife
with “generic details” of the net income of her husband. The CIC
observed,“In a litigation, where the issue involved is of maintenance of
wife, the information relating to the salary details no longer remain
confined to the category of personal information concerning both
husband and wife, which is available with the husband hence accessible
by the wife”. Further the Commission, however, denied, “the information
sought by the appellant regarding copies of income tax returns of her
husband, etc. as it belonged to personal information of third party, which
cannot be disclosed under Section 8(1) (j) of the RTI Act” (Indian
Express Newspapers v. Union of India, (1985) 1 SCC 641: AIR 1986 SC
515; Union of India v. Motion Picture Assn. (1999) 6 SCC 150).
x Uncovers Scams and Anomalies
Adarsh Society Scam: A six-storey building for the widows of Kargil
War, 1999 Martyr turned into a 31-storey called Adarsh Housing
Society. Located in Mumbai's posh residential area in Colaba soon
became the abode of politicians, bureaucrats and top military officers. It
was exposed by the RTI activists Simpreet Singh and Yogacharya
Anand. They revealed that the piece of land doesn't belong to the state
government but to the Union Ministry of Defence and culminated in
resignation of Ashok Chavan, the then Chief Minister of Maharashtra.
x Delhi Demolitions by MCD
Parivartan, an NGO working towards bringing transparency and
18 accountability in governance, demanded through the RTI that the entire


process of demolitions by the Municipal Corporation of Delhi (MCD) Right to Information:
Evolution, Concept,
should take place with complete transparency. Pointing to a seeming Achievements and
Limitations
confusion about the definition of “demolition”, Parivartan noted that
whereas some structures were being completely razed, others were being
let off with minor damages. In addition, the action taken by the MCD
against misuse of residential premises for commercial purposes did not
seem to be uniform. Whereas, some structures have been demolished,
others, including some big showrooms, were let off with just sealing. In
the RTI it was asked –What guidelines govern such decisions? Absence
of any such clear guidelines could be a fertile ground for further
corruption. The MCD needs to make its stand clear on all these issues.
The people have a right to know all these informations under the Right to
Information Act. (For analysing, in detail,the achievements of RTI, refer
to Unit 4 and 5 of Block 2).

Check Your Progress 2

Note: i) Use the space given below for your answers.

ii) Check your answers with those given at the end of the Unit.
1) Discuss the achievements of right to information as a tool of social
transformation.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
2) Enumerate some success stories brought by the Right to Information Act,
2005 for eliminating corruption from the Indian society.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………

1.5 RIGHT TO INFORMATION: STATUTORY

LIMITATIONS
It is the general observation from the study of the RTI Act, 2005 that no one
should be restricted to get any information, which is significant for protecting
public interest and ensuring transparency and accountability of public 19

 
Right to authority. It is also obvious from the study that proactive disclosure policy
Information: An
Introduction reduces the burden of the RTI Act, 2005 and it is really very helpful to make
it more effective and contributory in the general interest of any country. But,
it has also been found from the study that there are certain exemptions where
informations are restricted to be disclosed and people are not entitled to get it,
because it may affect the national interest of the country adversely. Similarly,
exclusive provisions have been made under different legislations in respect of
right to information and proactive disclosure policy of the public authority.

Here, we will find out and highlight those provisions, which impose
restrictions on disclosing the information by public authority in addition to
the exemptions given in RTI Act, 2005 and in the Constitution.

x Article 19(2) of the Constitution

Right to Information (RTI) has been accepted as a fundamental right of
citizens under Article 19 (1) (a). This covers right to free speech, right to
publish and right to information. A citizen does not have to give reasons
for exercising any of these rights.The fundamental right can be limited
only by reasonable restrictions under a law made for the purposes
mentioned in Article 19 (2) of the Constitution. The restrictions are for
protecting sovereignty and integrity of India, friendly relations with
foreign countries, public order, decency or morality. The burden is on the
authority to justify the restriction. Public order is not the same thing as
public safety and hence no restrictions can be placed on the right to
freedom of speech and expression on the ground that public safety is
endangered. Unlike in the American Constitution, limitations on
fundamental rights are specifically spelt out under Article 19 (2) of our
Constitution (Secretary, Ministry of Information and Broadcasting,
Government, of India v. Cricket Association of Bengal, (1995) 2 SCC
161: AIR 1195 SC 1236).
x Non-disclosure Clause : Section 8 of the RTI Act, 2005
The RTI Act, 2005 itself provides for certain exemptions, which pose
limitations on the people’s right to receive information. Non-disclosure
clause of Section 8 discharges public authorities from the obligation to
provide information to citizens. Section 8 is the most important part of
the Act and it is very simple for officials to reject the request for
information if it falls under any of the long, general and ambiguous
clauses of exemptions. This section is general and can be interpreted in
either way. Sub-section (1) lists out the specific exemptions to
disclosure, namely, information that a requestor may not claim as a
matter of right. Sub-section (2) provides for the disclosure of even
exempt information when public interest in disclosure outweighs the
harm to the protected interests. Sub-section (3) limits the operation of
20


seven out of the ten exemptions up to 20 years for a given set of records. Right to Information:
Evolution, Concept,
The exemptions relating to national security, relations with foreign Achievements and
Limitations
Governments, Parliamentary and Legislative privileges and Cabinet
documents apply for an indefinite period of time. A proviso is inscribed
at the bottom of Section 8(1).

The complete text of Section 8 along with the provison is reproduced below:

Section 8(1) notwithstanding anything contained in this Act, there shall be no

obligation to give any citizen—

a) information, disclosure of which would prejudicially affect the

sovereignty and integrity of India, the security, strategic, scientific or
economic interests of the State, relation with foreign State or lead to
incitement of an offence;
b) information, which has been expressly forbidden to be published by any
court of law or tribunal or the disclosure of which may constitute
contempt of court;
c) information, the disclosure of which would cause a breach of privilege of
Parliament or the State Legislature;
d) information including commercial confidence, trade secrets or
intellectual property, the disclosure of which would harm the competitive
position of a third party, unless the competent authority is satisfied that
larger public interest warrants the disclosure of such information;
e) information available to a person in his fiduciary relationship, unless the
competent authority is satisfied that the larger public interest warrants
the disclosure of such information;
f) information received in confidence from the foreign Government;
g) information, the disclosure of which would endanger the life or physical
safety of any person or identify the source of information or assistance
given in confidence for law enforcement or security purposes;
h) information, which would impede the process of investigation or
apprehension or prosecution of offenders;
i) cabinet papers including records of deliberations of the Council of
Ministers, Secretaries and other officers:
Provided that the decisions of Council of Ministers, the reasons thereof,
and the material on the basis of which the decisions were taken shall be
made public after the decision has been taken, and the matter is
complete, or over:
Provided further that those matters, which come under the exemptions
specified in this section shall not be disclosed;
21

 
Right to j) information, which relates to personal information the disclosure of
Information: An
Introduction which has no relationship to any public activity or interest, or which
would cause unwarranted invasion of the privacy of the individual unless
the Central Public Information Officer or the State Public Information
Officer or the appellate authority, as the case may be, is satisfied that the
larger public interest justifies the disclosure of such information:
Provided that the information, which cannot be denied to the Parliament
or a State Legislature shall not be denied to any person.
2) Notwithstanding anything in the Official Secrets Act, 1923 (19 of 1923)
nor any of the exemptions permissible in accordance with sub-section
(1), a public authority may allow access to information, if public interest
in disclosure outweighs the harm to the protected interests.
3) Subject to the provisions of clauses (a), (c) and (i) of subǦsection (1), any
information relating to any occurrence, event or matter which has taken
place, occurred or happened twenty years before the date on which any
request is made under Section 6, shall be provided to any person making
a request under that section:
Provided that where any question arises as to the date from which the
said period of twenty years has to be computed, the decision of the
Central Government shall be final, subject to the usual appeals provided
for in this Act.
x Non-obstante clause : Section 22 of the RTI Act, 2005
To ensure that other laws and constraints could not be used to deny
information to the real rulers of democracy – the citizens, legislature has
enacted a Non-obstante clause in Section 22 of the RTI Act, which
provides,“The provisions of this Act shall have effect notwithstanding
anything inconsistent therewith contained in the Official Secrets Act,
1923, and any other law for the time being in force or in any instrument
having effect by virtue of any law other than this Act”.
This clearly means that the RTI Act will prevail over all laws and rules,
including the Official Secrets Act as far as providing information under
RTI is concerned. It does not mean that the Official Secrets Act or other
acts are repealed. When a request for information is filed under the RTI
Act, it can be denied only if the provisions of the RTI Act provide for an
exemption.
b) Limitations under Other Statutes
x Limitations Under Official Secrets Act (OSA), 1923
The Official Secrets Act was first enacted in 1923 and was retained after
Independence. It is India’s Anti-Espionage Act. The law, applicable to
22 government servants and citizens, provides the framework for dealing


with espionage, sedition, and other potential threats to the integrity of the Right to Information:
Evolution, Concept,
nation. The law makes spying, sharing “secret” information, Achievements and
Limitations
unauthorised use of uniforms, withholding information, interference with
the armed forces in prohibited/restricted areas, among others, punishable
offences. Section 3 of the Act is basically concerned with the provisions
of penalties for spying and Section 5 is concerned with wrongful
communication of information which is also a punishable offence. If
guilty, a person may get up to 14 years’ imprisonment, fine, or both.
Section 14 of this Act provides power to the court for excluding public
from proceedings.
The information could be any reference to a place belonging to or
occupied by the government, documents, photographs, sketches, maps,
plans, models, official codes or passwords.
It clearly states that any action, which involves helping an enemy state
against India is punishable. It also states that one cannot approach,
inspect, or even pass over a prohibited government site or area.
According to this Act, helping the enemy state can be in the form of
communicating a sketch, plan, model of an official secret, or of official
codes or passwords, to the enemy. The disclosure of any information that
is likely to affect the sovereignty and integrity of India, the security of
the State, or friendly relations with foreign States, is punishable by this
Act.
Another contentious issue with the law is that its Section 5, which deals
with potential breaches of national security, is often misinterpreted. The
Section makes it a punishable offence to share information that may help
an enemy state. The Section comes in handy for booking journalists
when they publicise information that may cause embarrassment to the
government or the armed forces.
However, in the OSA, information from any governmental office is
considered official information; hence it can be used to override freedom
of information requests. The OSA does not define “secret” or “official
secrets”. Public servants could deny any information terming it “secret”
when asked under the RTI Act. Under the OSA, confidentiality is the
norm and disclosure is the exception. This tendency was challenged
when the Right to Information Act came into existence. This has drawn
harsh criticism.
The Second Administrative Reforms Commission (SARC) Report, 2006,
suggested that the Act should be substituted by a chapter in the National
Security Act that incorporates the necessary provisions. The reason: it
had become a contentious issue after the implementation of the Right to
Information Act.
23

 
Right to x Indian Evidence Act, 1872
Information: An
Introduction This Act provides that evidence relating to affairs of the state, official
records and professional communications are restricted for disclosure to
the general public. Section 123 of this Act states that no one shall be
permitted to give any evidence derived from unpublished official records
relating to affairs of the state, except with the permission of the Head of
Department concerned, who shall give or withhold such permission as he
or she thinks fit.
Sections 124, 125 and 126 of the Indian Evidence Act provides for
privileged communications. Section 124 of this Act says that no public
officer shall disclose communications made to him in official capacity, if
he considers that the public interest would suffer by the disclosure.
Section 125 bars communication of information by the Magistrate,
Police Officer or Revenue Officer relating to the offences committed by
any person. Section 126 is concerned with professional communication
relating to the professional persons such as Barrister, Attorney, Pleader
or Vakil to their client.
Exception to Section 126 states that communications for illegal purposes
are not protected from disclosure. Besides no restrictions are justified, if
public or national interest so demands (The Indian Evidence Act, 1872).

x Central Civil Services (Control) Rules and All India Service (Conduct)
Rules
The unauthorised communication of information by any government
servant is highly prohibited. The Central Civil Services (Control) Rules
as well as All India Services (Conduct) Rules have the same version.
This rule clearly states that no government servant shall, except in
accordance with any general or special order of the Government or in the
performance in good faith of the duties assigned to him, communicate,
directly or indirectly, any official document or any part thereof or
information to any Government servant or any other person to whom he
is not authorised to communicate such document or information.
x The Atomic Energy Act, 1962
This Act has also some provisions, which put restrictions on disclosure
of information as found from the study of the same. Section 18(1) puts
restrictions on disclosure of certain information. The study of this section
states that the central government may by order restrict the disclosure of
the information relating to document, drawing photograph, plan, model
of an existing or proposed plant used for the purpose of producing,
developing or using atomic energy or method of operation of any such
plant. The section further states that this information cannot be disclosed
24


by any person without taking authority from the central government for Right to Information:
Evolution, Concept,
the same. Achievements and
Limitations
Thus, it is crystal clear that some informations under this Act are of
strategic nature and are restricted to be disclosed but there is no
restriction on other information available under Section 18(3) of this Act.
x The Information Technology Act, 2000
This Act intends to regulate the electronic data. It is the view of the Act
that the data collected through computers about any organisation should
be maintained and saved properly and the same may not be disclosed
without taking their consent otherwise it will be treated as punishable
offence. Section 72 of this Act prescribes penalty for the breach of
confidentiality and privacy of the data. This section clearly states that
one should save and maintain electronic record, book, register,
correspondence, information document or other material as per the
provisions of this Act and the same should not be disclosed without
taking consent of the person concerned, otherwise, the accused person
shall be punished with imprisonment for a term, which may extend to
two years, or with fine which may extend to one lakhs rupees, or with
both.

Check Your Progress 3

Note: i) Use the space given below for your answers.

ii) Check your answers with those given at the end of the Unit.
1) Elaborate the Statutory provisions relating to restrictions on disclosure of
information under the RTI Act, 2005 in India.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
2) Discuss the restrictions that have been imposed by the Official Secrets
Act, 1923 and other statutory laws on the disclosure of the information.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
25

 
Right to
Information: An
1.6 APPRAISAL
Introduction
We all know that there are provisions under the Indian Constitution regarding
Right to Know and Right to Information, which have been spelt out from
time to time. In addition to these, there are number of legislations, where
Right to Information and disclosure of public policy have been explained.
Despite Constitutional provisions and provisions in other legislations of
India, a separate RTI Act was enacted in 2005, as provisions existing under
the Constitution and other legislations including Freedom of Information Act,
2002 were not very effective in justifying the transparency and accountability
in action by the public authorities. However, the RTI Act, 2005 is far better
and open than the Freedom of Information Act 2002 as there were many
restrictions and the provisions were ambiguous. Though the RTI Act, 2005
also have restrictions under Section 8 but these are less in complexity and
more in number than under the Freedom of Information Act, 2002. Section 8
of the RTI Act, 2005 deals with exemptions to the right to information. In
recent times many cases of misappropriation, misuse and careless use of
public funds in the Government have been brought to the light by the Act of
2005. To counter corruption, it is essential that there should be complete
transparency in all public dealings. Like any other legislation, the RTI Act
also is not free from criticism of misuse. However, against a few instances of
misuse of the RTI Act and wastage of time of officials in answering RTI
queries, there would be hundreds of instances where information is withheld
by public authorities without any justifiable reason.The RTI is bound to bring
about a more careful dealings. This is bound to bring about a more careful
utilisation and application of funds. In addition, transparency in government
functioning will also help to hold people accountable for their mishandling of
public time and money.

1.7 CONCLUSION
This particular Unit highlights the origin and concept of right to information.
It discusses etymology of the term “information”. It also analyses the
evolution and development of concept of information, freedom of
information and right to information. “Information” is known as something,
which removes vagueness in ideas and adds something new to our awareness.
In 1946, the UN General Assembly adopted a Resolution, Freedom of
information is a fundamental human right. The US Supreme Court
interpreted the First Amendment to the Constitution to include a right to
access of information. The oldest freedom of information law is called the
Swedish Freedom of the Press Act. In Indian context, the right to information
is a “facet of speech and expression” as enshrined in Article 19(1)(a) of the
Constitution of India. The Right to Information is indisputably a fundamental
26 right. This Unit further analyses the role of right to information in


empowering citizenry to carry out social audit of the governmental Right to Information:
Evolution, Concept,
organisations and its instrumentalities by obtaining information on works Achievements and
Limitations
completed and uncompleted to find out the gaps in provisions of services.
Access to information is often and rightly called as the “oxygen for a
democratic society”. The absence of adequate and accurate information can
collapse economies, cripple governments and paralyse societies. Hence,
information is indispensable for the transparent and accountable functioning
of a true democratic government. It provides safeguard against abuses,
mismanagement and corrupt practices. There are certain restrictions, which
are imposed on disclosing information to the public but these restrictions are
always in the public interest or national interest of the country. The
discretionary power of the public authority with regard to proactive
disclosure is subjected to some limitations. The right to information
represents an essential ingredient in the proper functioning of substantive as
well as procedural democracy, and thus this right is a necessary condition for
the exercise of other human and civil rights.

1.8 GLOSSARY
Non-Disclosure Clause: It is a confidentiality clause that prohibits the
sharing of confidential information. Section 4(1)(b) of the RTI Act lays down
the information, which should be disclosed by Public Authorities on a suo
motu or proactive basis. Section 4(2) and Section 4(3) prescribe the method
of dissemination of such information. The purpose of suo motu disclosures
under Section 4 is to place large amount of information in public domain on a
proactive basis to make the functioning of the Public Authorities more
transparent and also to reduce the need for filing individual RTI applications.

Non-Obstante Clause: It is a Latin word, which means “notwithstanding

anything contained”. It means this clause empowers the legislation or a
provision in which it contains, to override the effects of any other legal
provisions contrary to this under the same law or any other laws.

Social Audit: The concept was pioneered by Charles Medawar in 1972.

A social audit is a way of measuring, understanding, reporting and ultimately
improving an organisation’s social and ethical performance. A social
audit helps to narrow gaps between vision/goal and reality, between
efficiency and effectiveness.

In the context of government schemes, a social audit is an accountability tool

that measures, evaluates, identifies gaps in service delivery and elicits
promises to rectify these gaps with the direct participation of intended
beneficiaries in this process. Thus, social audits examine and assess
the social impact of specific programmes and policies. In April 2017,
27

 
Right to Meghalaya became the first State in the country to pass social
Information: An
Introduction audit legislation.

Social Transformation: It is a broad concept, which incorporates the

meaning of evolution, progress, change, on the one hand, and development,
modernisation and revolution on the other. Its literal meaning is “changing
form” or “appearance” or “character”. When massive, structural or far
reaching social change occurs, it is called social transformation. New social
movement facilitates it, and new form of power emanates from it.

CCS (Conduct) Rules:The Central Civil Services (Conduct) Rules, 1964

were notified laying down the Code of Conduct for Central Government
employees, with a view to maintain integrity in Public Services. In exercise
of the powers conferred by the proviso to article 309 and clause (5) of
Article148 of the Constitution and after consultation with the Comptroller
and Auditor General in relation to persons serving in the Indian Audit and
Accounts Department, the President hereby makes the rules. It imposes
various restrictions on the Government servants.

1.9 REFERENCES
Agarwal, U.C. (2009). The Official Secret Act to the Right to Information
Act Dawn of “Glasnost”. The Indian Journal of Public Administration. 55(3),
336-345.
Aroopagitia, J.M. (2009).The Right to Information and the Role of Media. All
India Reporter. 30, 30-32.
Awasthi, S. K. (2008). The Right to Information Act, 2005. Allahabad, India:
Dwivedi Law Agency.
Bakshi, P. M. (2003). The Constitution of India. Delhi, India: Universal Law
Publications.
Barlow, J.P. (1994). The Economy of Ideas. Retrieved from
https://www.wired.com/1994/03/economy-ideas/
Barowalia, J.N. (2006). Commentary on the Right to Information Act, 2005.
Delhi, India: Universal Law Publishing.
Basu, D.D. (2008). Introduction to the Constitution of India. Nagpur, India:
LexisNexus Butterworths.
Bhat, I.P. (2009). Law and Social Transformation in India. Lucknow, India:
Eastern Book Company.
Das, P.K. (2005). The Right to Information Act, 2005. Delhi, India:
Universal Law Publishing Co. Pvt. Ltd.

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Emerson, T.I. (1976). Legal foundations of the Right to Know. Retrieved Right to Information:
Evolution, Concept,
from https://openscholarship.wustl.edu/cgi/viewcontent.cgi?article=2625& Achievements and
Limitations
context= law_lawreview
Finnis, J. (2011). Natural Law and Natural Rights (2nded.). New York:
Oxford University Press.
Goel, S.L. (2007). Right to Information and Good Governance. New Delhi,
India: Deep & Deep Publications Pvt. Limited.
Iyer, V.R.K. (1990). Freedom of Information. Lucknow, India: Eastern Book
Co.
Jefferson, T. (1785).Thomas Jefferson to James Monroe. Retrieved from
https://founders.archives.gov/documents/Jefferson/01-08-02-0174
Jefferson, T. (1820).Thomas Jefferson to William Short. Retrieved from
https://founders.archives.gov/documents/Jefferson/98-01-02-1438
Jogarao, S.V. (2011). Law Relating to Right to Information: A
Comprehensive and Insightful Commentary with Comparative Perspectives.
New Delhi, India: Pentagon Press.
Joshi, A.S. & Gupta, A.D. (2001). Your Right to Information. New Delhi,
India: Commonwealth Human Rights Initiative.
Krammer, M.H., Simmonds, N. & Steiner, H. (2000). Debate over Rights.
Oxford University Press.
Kumar, G.S. (2009). The Right to information in India - A Study. Supreme
Court Journal.18, 17-25.
Lovina B, T. (2020). Right To Information Act, 2005: All You Need To
Know. Retrieved fromhttps://www.livelaw.in/know-the-law/right-to-
information-act-2005-all-you-need-to-know-159485?infinitescroll
Mahajan, G. (Ed.) (2000). Democracy Difference and Social Justice. New
Delhi, India: Oxford University Press.
Mahajan, V.D. (2016). Jurisprudence and Legal Theory. Lucknow, India:
Eastern Book Co.
Mathew, K.K. (1979).The Nature and Scope of the Right to Know in a
Democratic Republic.3 S.C.C. (Journal). 19.
Megha, J. (2021). Overreaching Act. Retrieved from
https://www.livelaw.in/columns/right-to-information-act-rti-transparency-
article-19-constitution-169166?infinitescroll=1
Morris, C. (Ed.) (1971). The Great Legal Philosophers:Selected Readings in
Jurisprudence. Pennsylvania: University of Pennsylvania Press.
Pal, R. (2009).Information and Fundamental Rights. Supreme Court Cases
Weekly. 10(4), 49-59. 29

 
Right to Rai, U. R. (2011). Fundamental Rights and Their Enforcement. New Delhi,
Information: An
Introduction India: PHI Learning Pvt. Ltd.
Ryder, R.D. (2006). Right to Information: Law-Policy Practice. Nagpur,
India: LexisNexis Butterworths.
Saxena, A. (2004). Right to Information and Freedom of Press. New Delhi,
India: Kanishka Publishers & Distributors.
Sharma, S. & Gopal, K. (2006).Right to Information: Implementing
Information Regime. New Delhi, India: Authorspress.
Shukla, V.N. (2013). Constitution of India. Lucknow, India: Eastern Book
Co.
Sudhir, N. (2011). Right to Information Act, 2005. Mumbai, India: Oxford
University Press.
The Indian Evidence Act, 1872. (n.d.). Retrieved from
https://legislative.gov.in/sites/default/files/A1872-01.pdf
The Right to Information Act, 2005. Retrieved from https://rti.gov.in/rti-
act.pdf
Toffler, A. (1981). The Third Wave. New York: Bantam Books.

1.10 ANSWERS TO CHECK YOUR PROGRESS

EXERCISES
Check Your Progress 1

1) Your answer should include the following points:

x In 1946, the UN General Assembly adopted a Resolution stating,
Freedom of information is a fundamental human right. The US
Supreme Court interpreted the First Amendment to the Constitution to
include a right to access of information.The oldest freedom of
information law is called the Swedish Freedom of the Press Act. For
details see Section 1.2 of the Unit.
2) Your answer should include the following points:
x Right to information is a “facet of speech and expression” as
contained in Article 19(1)(a) of the Constitution of India. Right to
information is indisputably a fundamental right. Read preamble of the
RTI Act, 2005 and for more details, refer to Section 1.2
3) Your answer should include the following points:
x Write meaning of the term ‘information’ and from where it is derived.
Freedom of expression means freedom to speak, write, print or
publish whereas freedom of information means the ability of the
30


individuals to get access to information. For details, Refer to Right to Information:
Evolution, Concept,
Section 1.3 Achievements and
Limitations
Check Your Progress 2

1) Your answer should include the following points:

x Analyse the right to information as a tool to carry out social audit of
the governmental organisations by investigating gaps between work
executed and promised. It also brings out cases of corruption or abuse
of power for bringing structural changes in different institutions of
national life. Refer to Section 1.4
2) Your answer should include the following points:
x Many cases of misuse of power and money have been highlighted by
the RTI and culprits have been brought to book. See Section 1.4 of the
Unit for referring to success stories. You may also consult other
relevant Unit of Block 4.

Check Your Progress 3

1) Your answer should include the following points:

x Refer to Section 1.5 (a) of the Unit for non-disclosure clause of right
to information and for non-obstante clause, which gives overriding
effect to provisions of the RTI Act.
2) Your answer should include the following points:
x Refer Sections 3, 5 and 14 of the Official Secrets Act, 1923 which
impose certain restrictions on disclosure of the information. Besides,
for referring to other statutory provisions prohibiting disclosure of
information refer Section 1.5(b) of the Unit.

31

 

Right to
Information: An
Introduction

32


 Right to Information:
Evolution, Concept,
Achievements and
Limitations

BLOCK 2
THE RIGHT TO INFORMATION ACT, 2005

33



Right to

Information:
Introduction
An BLOCK 2 THE RIGHT TO INFORMATION
ACT, 2005
There are four Units in this Block. The second Unit of this Course is related
to overview of the Right to Information (RTI) Act, 2005. It looks upon
overall mechanism of the RTI regime provided under the Act. The RTI Act
consists of six Chapters and thirty-one Sections. This Unit focuses on
Chapter one of the Act, that is, preliminary in nature; and stating title, extent
and commencement of the Act. Section 2 is definition clause explaining the
various important terms used in the text of the Act. Chapter two explains the
right to information and obligation of public authorities in supply of
information. It discusses how an RTI application is to be filed and on what
grounds rendering of information is refused. The study emphasises on
analysis of powers and functions of the Information Commissioners, both at
the level of Centre and State as given in Chapters three and four, along with
provisions of appeal and penalty provided in Chapter five. It also highlights
the issues of file noting and third party information along with ancillary
provisions of retrospective effect and overriding effect of the Act.

The third Unit analyses importance and role of rule-making power under the
RTI Act, 2005. The Rules are very important for making provisions of any
Act effective. Before the coming into being of Right To Information (RTI)
Rules 2012, the Right To Information (Regulation of Fee and Cost) Rules,
2005, the Central Information Commission (Appeal Procedure) Rules, 2005
and the Central Information Commission (CIC) (Management) Regulations
2007 were governing principles for the Right To Information Act, 2005. This
Unit deals, in detail, with rules regarding fees for application of the RTI; and
appeal to the Commission and authorities under the RTI Rules, 2012. It
enumerates various steps taken by the Ministry of Personnel, Public
Grievances and Pensions, Department of Personnel and Training,
Government of India for the improvement in rules of the RTI. Harmonisation
of the RTI (Fee & Cost) Rules and Appeal Procedure Rules were also made
in order to bring uniformity of provisions regarding fees and appeal
throughout India. In order to facilitate the citizens in filing the RTI
application, electronic Indian Postal Order (eIPO) service was launched and
this facility was extended to Indian citizens living abroad too.

The fourth Unit discusses about the Central Information Commission(CIC),

which was established in 2005 with the enforcement of the RTI Act, 2005. It
is one of the pillars of the RTI on which the RTI regime stands. The CIC is
an appellate authority within the provisions of the RTI Act. It is a quasi-
judicial body with powers of a civil court. This Unit refers to the constitution,
powers and functions of the CIC, along with its appellate jurisdiction. Its
powers to receive complaints, appeals and imposition of penalty are also
discussed. The RTI (Amendment) Act, 2019 has been enacted along with
34 corresponding RTI, Rules 2019. This Amendment and Rules of 2019 have


brought remarkable changes in the appointment and service conditions of the  Right to Information:
Evolution, Concept,
Chief Information Commissioner and that of the Information Commissioners. Achievements and
This Unit highlights these changes and focuses on some very important Limitations

leading cases decided by the CIC in order to give an insight into the working
of the CIC. In the end, it brings out the facts by evaluating the CIC with the
acknowledgment that in recent times its working has improved in giving
justice to the information seekers.

The last Unit of this Block, emphasises on the State Information

Commissions (SICs). The State governments are mandated to establish the
SIC under the provisions of sub-section 1 of Section 15 of the RTI Act, 2005.
The SIC is an appellate authority within the provisions of the RTI Act. It is a
quasi-judicial body with powers of a civil court. This Unit refers to the
constitution, powers and functions of the SIC, along with its appellate
jurisdiction. The SIC has power to receive complaints, appeals and
imposition of penalty, in case of default in supplying desired information by
the public authority to the RTI applicant. The RTI (Amendment) Act, 2019
and corresponding RTI, Rules of 2019 have introduced changes in the
appointment and service conditions of the Chief Information Commissioner
and that of Information Commissioners of the SIC. This Unit incorporates
information from the official websites of the different SICs, so as to reveal
working and activities of these Commissions. This Unit concludes by
evaluating the SICs with the suggestion that its performance needs to be
improved with proper training and workshops for ensuring good governance.

35

 
Right to
Information: An
Introduction

36


 The Right to
UNIT 2 THE RIGHT TO INFORMATION Information Act, 2005:

ACT, 2005: AN OVERVIEW* An Overview

Structure

2.0 Objectives
2.1 Introduction
2.2 Framework of the RTI Act, 2005
2.3 Eligibility for the Right to Information
2.4 Obligations of Public Authority
2.5 Authorities under the RTI Act
2.6 Enforcement of Right to Information under the Act
2.7 Dissemination of Proactive Disclosure
2.8 Exemption from Disclosure of Information
2.8.1 Non-disclosure Clause

2.8.2 Exemption under Second Schedule

2.8.3 Exception under Section 9

2.9 Overriding Effect of the RTI Act from Disclosure of Information

2.10 The RTI Act: Retrospective Effect
2.11 Appraisal
2.12 Conclusion
2.13 Glossary
2.14 References
2.15 Answers to Check Your Progress Exercises

2.0 OBJECTIVES
After studying this Unit, you should be able to:

x Discuss the RTI Act and its working;

x Explain the meaning of important terms under the RTI Act;
x Analyse the mechanism of the RTI regime; and
x Highlight the practical aspect of the RTI law and means to follow it.


Ύ
 Contributed by Prof. (Dr) Preeti Misra, Head, Department of Human Rights, School of
Legal Studies, Babasaheb Bhimrao Ambedkar University, Lucknow, Uttar Pradesh.
37

 
The Right to
Information Act,
2.1 INTRODUCTION
2005
The Parliament of India enacted the Right to Information (RTI) Act, 2005 in
order to give effect to people’s right to know. This enactment was preceded
by the Freedom of Information Act, 2002, which could never come into
effect. As a matter of fact, in various states the RTI Acts came into operation
much before the RTI Act, 2005 became operative from 12th October, 2005. It
covers both Central and State level governing machinery. The Act of 2005
has overriding effect, since in case of conflict between the Centre and State
law, the Central law shall prevail. The Right to Information Act has definitely
been a powerful empowering legislation for citizens of India. Success of the
RTI Act can be gauged from the fact that every year near about six to eight
million applications are filed seeking one or other kind of information. The
Supreme Court’s leading judgments (State of UP v. Raj Narain, AIR 1975 SC
865; S. P. Gupta v. President of India, AIR 1982 SC 149) have regarded the
RTI as intrinsic part of fundamental rights under Article 19(1)(a) of the
Constitution, which embraces the true democratic ideal of freedom of
expression. In a democracy, the citizen’s voice must be free and unhindered.

Internationally, it has been accepted that freedom of expression includes the

right to be informed. Without the right to information, freedom of expression
cannot be fully realised. An uninformed citizenry cannot express or
participate meaningfully in democratic governance. The Right to Information
is, therefore, an intrinsic part of the fundamental right to freedom of
expression specifically mentioned under Article 19(1)(a). It is not a new right
conferred on the citizens. The essence of democracy is that each individual
citizen is a sovereign in his/her own right. The Right to Information Act,
therefore, needs to be understood as a tool of dialogue by each sovereign
individual with the State.

It is the people of a country, who play key role in democratic process of the
Government at every level. For them information means power, which is to
be shared with fellow citizens. Participatory governance is envisaged by the
Indian Constitution. If people of India were not given this right to
information, their role in the political process of the country would have been
negligible.

2.2 FRAMEWORK OF THE RTI ACT, 2005

The Right to information Act, 2005 (No. 22 of 2005) which came into
enforcement from 12th October 2005 contains Preamble, 6 Chapters, 31
Sections and 2 Schedules.

38


Preamble The Right to
Information Act, 2005:
An Overview
Preamble is the soul of any Act/Statute. It is the mirror to view the legislative
framework of any law. The Preamble of the RTI Act, plays a very important
role in interpreting the provisions of the statute. Just like the Preamble of the
Constitution, the interpretative clause of the RTI assists in arriving at the
objectives of the Act. The legislative intent of RTI is to create an informed
citizenry, “to contain corruption and to hold Governments and their
instrumentalities accountable to the governed”. Transparency ensures
absence of arbitrariness and corruption.

By enacting the RTI, the Parliament of India aims to harmonise conflicting

interests of public and bureaucracy by putting restrictions on the Right to
Information under Section 8 of the RTI Act, which are in sync with Article
19(2) of the Constitution providing an inherent and inbuilt safeguard in the
form of “reasonable restrictions”. The RTI law looks towards efficient
operations of the government, optimum use of limited fiscal resources and
preservation of confidentiality of sensitive information in national interest.

Extent & Commencement

Section 1 contains short title, extent and commencement. It states, “this Act
may be called the Right to Information Act, 2005”. The Act came into
operation w.e.f. 12-10-2005, after being passed by the Parliament on 12-05-
2005. It received the assent of the President on 15-06-2005. It extends to the
whole of India.

Important Terms

Section 2 of the Act is Definition Clause, which defines the meaning of the
important terms used in the body of the text of the Act. Here, we will take up
some selected ones-

Section 2(f) “Meaning of information”

Information means “any material in any form”, which exists with a public
authority. The information has to exist in the material form, such as “records,
documents, memos, e-mails, opinions, advices, press releases, circulars,
orders, logbooks, contracts, reports, papers, samples, models, data materials
held in any electronic form”. Information also covers legal and other opinions
received by the Public authorities. The list given in the section is only
illustrative.

The RTI Act suggests an important principle regarding private bodies.

“Information relating to any private body, which may not be covered by the
definition of “Public Authority” [given in Section 2(h)], can be obtained
through a Public Authority if the law allows the public authority to access it.
For Example– 39

 
The Right to x Information about a private bank can be obtained from the Regulator –
Information Act,
2005 RBI – if the law requires the information to be filed.
x Information about a private unaided school – from the Education
Department.
x Information about a Public Limited Company – from the Registrar of
Companies or SEBI, if the law empowers them to ask for it.
x Information about a Cooperative Society – from the Registrar of
Cooperative Societies.
x Information about Trusts – from the Charities Commissioner.
x Information about various banks, including private banks – from the
Reserve Bank of India” (Shailesh & Prahalad, 2016).

Since inception of the Act, there has been controversy whether file noting
should be covered within the purview of the Act? Even an amendment was
proposed to take out file noting from the purview of the RTI Act, soon after
the Act became operative. But succumbing to civil society pressure, a cabinet
note was released on 23rd June, 2009, “…file noting can be disclosed except
file noting containing information exempt from disclosure under Section 8 of
the Act”. In Dr RK Garg v. Ministry of Home Affairs, it was held, “…noting
of a ‘confidential’ file should be disclosed only after giving opportunity to the
third party, such as, the officer(s) writing those notes, to be heard” (Appeal
No. CIC/AT/A/2006/00363).

“The Public authority holds the information on behalf of citizens. All the
information with the possession of Public authority is certainly information
as per the RTI Act, available to any citizen under the Act subject to the
exemptions of Sections 8 & 9”.

Section 2(i) Meaning of “record”

Record means “any record in any form available with public authority”. It
covers “any document, manuscript and file; any microfilm, microfiche and
facsimile copy of a document; any reproduction of image or images
embodied in such microfilm (whether enlarged or not); and any other
material produced by a computer or any other device”.

Section 2(j) “Meaning of Right to Information”

Right to Information means applicant’s “right to inspection of work,

documents and records, taking notes, extracts or certified copies of
documents or records, taking certified samples of material and obtaining
information in the form of diskettes, floppies, tapes, video cassettes or in any
other electronic mode or through printouts where such information is stored

40


in a computer or in any other device”. The information shall be provided The Right to
Information Act, 2005:
subject to the provisions of Section 7(9). An Overview

Section 2(h) “Public Authority” means any authority or body or institution

of self-government established or constituted —

a) by or under the Constitution;

b) by any other law made by Parliament;
c) by any other law made by State Legislature;
d) by notification issued or order made by the appropriate Government, and
includes any–
i) body owned, controlled or substantially financed;
ii) non-Government organisation substantially financed, directly or
indirectly by funds provided by the appropriate Government”.

The term public authority has been defined very widely to include all
governing structure, legislature and judiciary. It includes “any authority or
body which is considered as Government, means all Ministries and their
departments, Municipal Bodies and Panchayats. It will include Courts,
UPSC, and Public Sector Undertakings like Nationalised Banks, LIC, UTI,
Deemed Universities which are created by specific notifications are also
public authorities as per sub clause (h) (d). Under sub-clause (d) (i) and (ii),
aided schools and colleges are Public Authorities. If there are Government
nominees on the boards of companies, or trusts or NGOs this is control by the
Government”. It is worth noting that establishments of the Parliament,
Legislatures, Judiciary, President and the Governors have also been brought
under the surveillance of the citizen.

Section 2(e) “Competent Authority”

“It is the duty of competent authorities to ensure that the supply of

information comes within the scope of their authority. Chief Justice of India
is competent authority with respect to the Supreme Court. All Chief Justices
of the High Courts are competent authorities in respect of all High Courts.
Similarly the presiding officers of the respective legislative chambers of
Parliament and State legislatures are competent authorities in relation to the
particular legislative chambers they preside. For other public authorities both
at the Centre and State level, the President of India, the respective Governors
and the Union Territory administrators are the competent authorities within
their respective spheres of governing authority” (Raj, 2011).

41

 
The Right to Check Your Progress 1
Information Act,
2005
Note: i) Use the space given below for your answers.

ii) Check your answers with those given at the end of the Unit.

1) What is Information as per the RTI Act, 2005? Discuss the importance
and meaning of the right to information.

……………………………………………………………………………

……………………………………………………………………………

……………………………………………………………………………

……………………………………………………………………………

……………………………………………………………………………

2) Define Public Authority and Competent Authority within the meaning of
the RTI Act, 2005 with some illustrative cases.

……………………………………………………………………………

……………………………………………………………………………

……………………………………………………………………………

……………………………………………………………………………

……………………………………………………………………………

2.3 ELIGIBILITY FOR THE RIGHT TO

INFORMATION
Section 3 makes clear eligibility for asserting right to information. It declares,
“subject to the provisions of this Act, all citizens shall have the right to
information”. This is the smallest section, but has great implications. It is the
unfettered right of a citizen to get information from any public authority. The
restrictions can only be placed on the conditions given in Sections 8 and 9.

2.4 OBLIGATIONS OF PUBLIC AUTHORITY

Section 4 of the Act puts an obligation on all public authorities to provide
information to a citizen who seeks it unless the information sought comes
under the exempted category. “Under the RTI Act, 2005, Public Authorities
are required to make disclosures on various aspects of their structure and
functioning. This includes: (i) disclosure on their organisations, functions,
and structures, (ii) powers and duties of its officers and employees, and (iii)
financial information. The intent of such suo moto disclosures is that the
42


public should need minimum recourse through the Act to obtain such The Right to
Information Act, 2005:
information. If such information is not made available, citizens have the An Overview
right to request for it from the Authorities. This may include information in
the form of documents, files, or electronic records under the control of the
Public Authority. The intent behind the enactment of the Act is to promote
transparency and accountability in the working of Public Authorities” (PRIS
India, 2019).

2.5 AUTHORITIES UNDER THE RTI ACT

Designation of PIOs & APIOs

Section 5 of the Act requires public authorities to designate as many Public

Information Officers (PIOs) as may be necessary to provide information.
They are to be assisted by Assistant Public Information Officers (APIOs).
The public authority is also required to ensure that APIOs are designated at
different sub divisional or sub district levels, for the purpose of receiving
applications of RTI and forwarding it to the PIOs for necessary action.

Constitution of Central and One State Information Commission

Sections 12 & 15 of the Act makes provision for Central and State
Information Commissions. Each Commission shall consist of one Chief
Information Commissioner (CIC) and some Information Commissioners
(ICs) not exceeding ten. These Commissioners are appointed by the President
or the Governor as the case may be on the recommendations of the three
member Committee consisting of the Prime Minister/Chief Minister, a
Cabinet Minister nominated by the Prime Minister/Chief Minister and the
leader of opposition from the House of People/Legislative Assembly. In the
absence of the designated leader of opposition, the leader of the largest
opposition group in the House shall be the third member of the Committee.
The CIC or ICs can be removed only on the ground of proved misbehaviour
or incapacity, which has been inquired into by the Supreme Court after the
matter has been referred to it by the President/Governor as the case may be.
“The entire information regime created under the Act is to work under their
control or supervision only”.

Terms and Conditions of Service

The RTI Amendment Act, 2019 changes the terms and conditions of service
of the Chief Information Commissioners (CIC) and Information
Commissioners (ICs) at the Centre and in States by amending Section 13 and
16 of the RTI Act, 2005. Table 2.1 highlights the comparative provisions of
the Act of 2005 and 2019.

43

 
The Right to Table 2.1: Comparison of the provisions of the Right to Information
Information Act,
2005 Act, 2005 and the Right to Information (Amendment) Act, 2019 w.e.f. 1st
August 2019

The RTI (Amendment)

Provision The RTI Act, 2005
Act, 2019
The Chief Information
The Act removes this
Commissioner and Information
S. 13 & provision and states that the
Commissioners (at the central and
S. 16 Central Government will
state level) will hold office for a
Term notify the term of office for
term of five years or up to the age
the CIC and the ICs.
of 65 years, whichever is earlier.

The salary of the CIC and ICs (at

the central level) will be
equivalent to the salary paid to the The Act removes these
Chief Election Commissioner and provisions and states that
Election Commissioners, the salaries, allowances,
Quantum respectively. and other terms and
of Salary Similarly, the salary of the CIC conditions of service of the
and ICs (at the state level) will be central and state CIC and
equivalent to the salary paid to the ICs will be determined by
Election Commissioners and the the Central Government.
Chief Secretary to the State
Government, respectively.

The Act states that at the time of

the appointment of the CIC and
ICs (at the central and state level),
if they are receiving pension or
any other retirement benefits for
previous government service, their
salaries will be reduced by an
The Act removes these
Deductions amount equal to the pension. provisions.
in Salary Previous government service
includes service under: (i) the
Central Government, (ii) State
Government, (iii) Corporation
established under a Central or
State Law, and (iv) Company
owned or controlled by the Central
or State Government.

2.6 ENFORCEMENT OF RIGHT TO

INFORMATION UNDER THE ACT
Here, we will discuss the process for obtaining information and disposal of
requests. It is the right of every citizen to seek any information without
disclosing his identity and reason for asking information. The Act has
established a three-tier structure for enforcing the right to information
44


guaranteed under the Act. Public Authorities designate some of their officers The Right to
Information Act, 2005:
as Public Information Officers. An Overview

Submission of Application

Any person who desires to obtain any information under the Act can make a
request for the information under Section 6 of the Act without giving a
reason for such a request or any personal details, except those that are
necessary to contact him. This signifies that the Act does not prescribe any
specific format of application for making a request under this Act. An
application for RTI can be submitted either in writing or electronically in
English, Hindi or in the official language of the area in which applicant
resides. The application should accompany with requisite fee to the
Central/State PIO or APIO [Section 6(1)], designated by the Public
Authorities. These Officers are required to provide information to
the RTI applicant within 30 days of the request and within 35 days if
application is sent to APIO [Section 5(2)]. Proviso to Section 7(1) provides
that information is to be given within 48 hours if right to life or liberty is
involved. If any information is provided on additional charge, as the cost of
providing that information, time taken for intimation and payment of fees is
excluded from the above time frame [Section 7(3)(a)]. If no action is taken on
application within stipulated time, the information is deemed as refused
[Section 7(2)].

Provisions for Appeal

RTI regime constructs two tier mechanism for appeal. The first appeal goes,
to an officer within the organisation who is senior in rank to the PIO. The
first appeal must be disposed of within 30 days or such extended period not
exceeding a total of 45 days from the date of filing. Second appeal lies to the
State Information Commission or the Central Information Commission, as
the case may be, against the first appellate authority [Section 19 (1) and (3)].
No time limit is specified in the Act for the disposal of second appeal. The
Commission exercises powers of a civil court, as dealing with a civil suit
under the Civil Procedure Code 1908.

Imposition of Penalty and Disciplinary Action against PIO

Section 20(1) of the Act provides that the Commission can impose penalties
on erring PIO. A penalty of Rs. 250/- per day of delay, subject to the total
amount of such delay not exceeding Rs. 25,000/-. Whereas under Section
20(2), in case of persistent failure to honour its decisions, disciplinary actions
may be recommended against the concerned PIO by the Commission.

The CIC/SIC exercises its jurisdiction over all Central/State Public

Authorities. It invites online quarterly returns from the Public Authorities
(PAs) in a prescribed proforma [Section 25(3)], to fulfill its mandate of 45

 
The Right to preparation and forwarding of the Annual Report to the Appropriate
Information Act,
2005 Government. The State Government is “to compile in its official language a
guide containing such information, in an easily comprehensible form and
manner, as may reasonably be required by a person who wishes to exercise
any right specified in this Act [Section 26 (2)]”. Guide is to be updated at
regular intervals. The Government of India, Ministry of Personnel, Public
Grievances and Pensions, Department of Personnel and Training publishes a
guide, which facilitates all the stakeholders of right to information.

2.7 DISSEMINATION OF PROACTIVE

DISCLOSURE
The scheme of Section 4(1) is such that at every level of administration, the
requisite information shall be properly stored, indexed and computerised.
Under Section 4(1)(b) of the RTI Act, every public authority is required to
upload information in the public domain within 120 days of the coming into
force of the Act. The legislative objective is to discourage filing of individual
applications by having a transparent governance. In Central Board of
Secondary Education and Anr. v. Aditya Bandopadhyay and Ors (Central
Board of Secondary Education and Anr. vs. Aditya Bandopadhyay and Ors.,
(2011) 8 SCC 497), it was held, “…to start with, all RTI queries and answers
given (except where information relates to private matter) may be put in
public domain”.

Third Party Information

Section 11 provides for third party information. Third party means a person
other than the citizen making the application requesting information, and
includes a public authority [Section 2(n)]. Section 11 lays down procedure
and not an exemption. Section 7 (1) clearly states, “…request for information
may be rejected for any of the reasons specified in Section 8 and 9”. Section
11 gives an opportunity to the third party to put his objections to disclosing
information, which may be detrimental to his interests.

Section 11(a) provides, “Where a CPIO or a SPIO, as the case may be,
intends to disclose any information or record, or part thereof on a request
made under this Act, which relates to or has been supplied by a third party
and has been treated as confidential by that third party, the CPIO or SPIO, as
the case may be, shall, within five days from the receipt of the request, give a
written notice to such third party of the request and of the fact that the CPIO
or SPIO, as the case may be, intends to disclose the information or record, or
part thereof, and invite the third party to make a submission in writing or
orally, regarding whether the information should be disclosed, and such
submission of the third party shall be kept in view while taking a decision
46 about disclosure of information”. Under Section 7(1), it is mandatory for the


PIO to give information within thirty days of the receipt of application. Thus, The Right to
Information Act, 2005:
in case of third party information, deadline for providing information is An Overview
extended up to forty days.

In Bombay Stock Exchange v. SEBI (CIC/SM/A/2011/001687), “it was held

that RTI Act 2005 does not give automatic veto on disclosure of information
pertaining to him, which may be held by a public authority”.

In another case of K.K.Mahajan v. Office of Cantonment Board, Dagshai,

H.P. (CIC/AT/A/2006/00014), the CIC held, “a mere objection by a third
party is not enough reason to embargo the disclosure of such information.
The law requires the application of the CPIO and the appellate authority’s
minds regarding the pros and cons of a proposed disclosure. On the basis of
the facts of each case, in terms of the norms set out in the Act”.

“If third party is not satisfied with the decision of PIO for disclosure of
information, he can appeal under Section 19 of the Act, in accordance with
the provision of Section 11(4). Third party has another opportunity of second
appeal to the Information Commission against the decision of the First
appellate authority” (Shailesh & Prahalad, 2016).

2.8 EXEMPTION FROM DISCLOSURE OF

INFORMATION
In the Act, there are certain exemption clauses, which deny the right to
information to citizens.

2.8.1 Non-disclosure Clause

1) Under Section 8(1) of the Act, ten categories of information are given,
which cannot be disclosed. It provides that notwithstanding anything
contained in this Act, there shall be no obligation to give any citizen:
a) information, disclosure of which would prejudicially affect the
sovereignty and integrity of India, the security, strategic, scientific
or economic interests of the State, relation with foreign State or lead
to incitement of an offence;
b) information, which has been expressly forbidden to be published by
any court of law or tribunal or the disclosure of which may
constitute contempt of court;
c) information, the disclosure of which would cause a breach of
privilege of the Parliament or the State Legislature;
d) information including commercial confidence, trade secrets or
intellectual property, the disclosure of which would harm the
competitive position of a third party, unless the competent authority
47

 
The Right to is satisfied that larger public interest warrants the disclosure of such
Information Act,
2005 information;
e) information available to a person in his fiduciary relationship, unless
the competent authority is satisfied that the larger public interest
warrants the disclosure of such information;
f) information received in confidence from foreign Government;
g) information, the disclosure of which would endanger the life or
physical safety of any person or identify the source of information or
assistance given in confidence for law enforcement or security
purposes;
h) information which would impede the process of investigation or
apprehension or prosecution of offenders; and
i) cabinet papers including records of deliberations of the Council of
Ministers, Secretaries and other officers:
Provided that the decisions of Council of Ministers, the reasons
thereof, and the material on the basis of which the decisions were
taken shall be made public after the decision has been taken, and the
matter is complete, or over:
Provided further that those matters, which come under the
exemptions specified in this section shall not be disclosed;
j) information, which relates to personal information, the disclosure of
which has no relationship to any public activity or interest, or which
would cause unwarranted invasion of the privacy of the individual
unless the Central Public Information Officer or the State Public
Information Officer or the appellate authority, as the case may be, is
satisfied that the larger public interest justifies the disclosure of such
information:

Provided that the information, which cannot be denied to the

Parliament or a State Legislature shall not be denied to any person.

2) Notwithstanding anything in the Official Secrets Act, 1923 (19 of 1923)

nor any of the exemptions permissible in accordance with sub-section
(1), a Public Authority may allow access to information, if public interest
in disclosure outweighs the harm to the protected interests.
3) Subject to the provisions of clauses (a), (c) and (i) of Sub-section (1), any
information relating to any occurrence, event or matter which has taken
place, occurred or happened twenty years before the date on which any
request is made under Section 6, shall be provided to any person making
a request under that section:

48


Provided that where any question arises as to the date from which the The Right to
Information Act, 2005:
said period of twenty years has to be computed, the decision of the An Overview
Central Government shall be final, subject to the usual appeals provided
for in this Act.

2.8.2 Exemption under Second Schedule

First there is Second Schedule of the Act, which contains a list of 26 security
and intelligence organisations established by the Central Government. The
State Governments are also authorised to notify their own lists of such
organisations. Any information relating to such organisations or any
information provided by such organisations to the Government does not
come within the purview of the RTI Act. The only exception is the
information relating to violation of human rights or that relating to
corruption.

2.8.3 Exemption under Section 9

Central/State PIOs has been empowered under section 9 of the Act “to reject
a request of information, where such a request would involve an infringement
of copyright subsisting in a person other than the State”.

2.9 OVERRIDING EFFECT OF THE RTI ACT

FROM DISCLOSURE OF INFORMATION
Non-obstante clause of Section 22 of the RTI Act, provides, “The provisions
of this Act shall have effect notwithstanding anything inconsistent therewith
contained in the Official Secrets Act, 1923, and any other law for the time
being in force or in any instrument having effect by virtue of any law other
than this Act”.

This clearly means that the RTI Act will prevail over all laws and rules,
including the Official Secrets Act, 1923. It does not mean that the Official
Secrets Act or other acts are repealed. When a request for information is filed
under the RTI Act, it can be denied only if the provisions of the RTI Act
provide for an exemption.

2.10 THE RTI ACT: RETROSPECTIVE EFFECT

One unique feature of the Act is that it is wholly retrospective in nature. It not
only applies to information created or held by public authorities after Act of
2005 has come into force. It applies to all information held by public
authorities regardless of its date.

49

 
The Right to Check Your Progress 2
Information Act,
2005
Note: i) Use the space given below for your answers.
ii) Check your answers with those given at the end of the Unit.
1) Who can seek information under the RTI Act, 2005? Discuss procedure
for obtaining information under the Act.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
2) What is proactive disclosure under the RTI Act, 2005? On what grounds
information can be refused under the RTI Act, 2005?
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
3) Explain third party information. Whether third party information can be
disclosed, if yes, what is the procedure?
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………

2.11 APPRAISAL
The RTI Act, 2005 has facilitated information to be claimed as a matter of
right. It has “empowered the individual citizen” and has paved a way towards
“inclusive good governance” leading to the fulfilment of the “accountability
principles” of the Preamble. The Act has helped people question every public
institution and authority on the matters of public interest like demonetisation,
non-performing assets, the Rafale fighter aircraft deal, electoral bonds,
unemployment figures, appointment of the Central Vigilance Commissioner
(CVC), etc. The RTI Act is a constant challenge to the governance.

50


The Right to
2.12 CONCLUSION Information Act, 2005:
An Overview
Though the RTI Act of India is well acclaimed at international level in terms
of its provisions, yet its rating for implementation and actual transparency is
not up to the mark. This is mainly because of the apathetic attitude of
authorities. There may be some conflict with the RTI and other public
interests, which need to be harmonised as per our Constitution. Independent
structures like RTI regime set up to regulate and monitor the government are
vital to a democratic state committed to deliver justice and constitutional
guarantees.

2.13 GLOSSARY
File Noting: File noting are written remarks recorded on a paper/file under
consideration to facilitate its disposal. Notes are recorded by bureaucrats,
ministers, etc. Hence, this becomes an important part of the information to
understand the rationale for a particular decision/action.

SEBI: It refers to the Securities and Exchange Board of India (SEBI), which
is a regulatory body for securities and commodity market under the
jurisdiction of Ministry of Finance, Government of India. The board was
established on 12th April 1992 in accordance with the provisions of the
Securities and Exchange of Board of India Act, 1992.

2.14 REFERENCES
Awasthi, S. K. (2008). The Right to Information Act, 2005. Allahabad, India:
Dwivedi Law Agency.

Bakshi, P. M. (2003). The Constitution of India. Delhi, India: Universal Law

Publications.

Barowalia, J.N. (2006). Commentary on the Right to Information Act, 2005.

Delhi, India: Universal Law Publishing.

Basu, D.D. (2008). Introduction to the Constitution of India. Nagpur, India:

LexisNexus Butterworths.

Das, P.K. (2005). The Right to Information Act, 2005. Delhi, India:
Universal Law Publishing Co. Pvt. Ltd.

Goel, S.L. (2007). Right to Information and Good Governance. New Delhi,
India: Deep & Deep Publications Pvt. Limited.

Iyer, V.R.K. (1990). Freedom of Information. Lucknow, India: Eastern Book

Co.

51

 
The Right to Jogarao, S.V. (2011). Law Relating to Right to Information: A
Information Act,
2005 Comprehensive and Insightful Commentary with Comparative Perspectives.
New Delhi, India: Pentagon Press.

Joshi, A.S. & Gupta, A.D. (2001). Your Right to Information. New Delhi,
India: Commonwealth Human Rights Initiative.

PRIS India. (2019). Explainer: The Right to Information (Amendment) Bill,

2019. Retrieved from https://www.prsindia.org/theprsblog/explainer-right-
information-amendment-bill-2019

Rai, U. R. (2011). Fundamental Rights and Their Enforcement. New Delhi,

India: PHI Learning Pvt. Ltd.

Shailesh, G. & Pralhad, K. (2016). RTI Act, Authentic Interpretation of the

Statute. Mumbai, India: Vakils, Feffer, and Simons Pvt Ltd.

Shukla, V.N. (2013). Constitution of India. Lucknow, India: Eastern Book

Co.

Sudhir, N. (2011). Right to Information Act, 2005. Mumbai, India: Oxford

University Press.

Yadav, A.S. (2012). The Right to Information Act, 2005, an Analysis.

Allahabad, India: Central Law Publications.

2.15 ANSWERS TO CHECK YOUR PROGRESS

EXERCISES
Check Your Progress 1

1) Your answer should include the following points:

‡ RTI is very important for good governance and having a corruption free
society. Information means any material in any form. Refer to Section
2.2 of the Unit for the answer.
2) Your answer should include the following points:
‡ Refer to Section 2.2 of the Unit for the answer.

Check Your Progress 2

1) Your answer should include the following points:

‡ Any citizen of India even living abroad may seek information within
the provisions of the RTI Act. There is no particular proforma for
filing RTI application nor any reason is to be cited for asking
information, only requisite fee is required. Refer to Section 2.3 to 2.6
of this Unit.
52


2) Your answer should include the following points: The Right to
Information Act, 2005:
An Overview
‡ Refer to Section 2.7 and 2.8 of this Unit. You may also refer Unit 1
for limitations on the RTI.
3) Your answer should include the following points:
‡ Section 2(n) states that third party means a person other than the
citizen making the application requesting information. Refer to
Section 2.7 of this Unit along with the case law referred.

53

 

The Right to UNIT 3 THE RIGHT TO INFORMATION
Information Act,
2005 RULES*

Structure

3.0 Objectives
3.1 Introduction
3.2 Rule Making Power under the RTI Act, 2005
3.3 The Right to Information Rules, 2012
3.3.1 Rules Regarding Fees under the Right to Information Rules, 2012
3.3.2 Government of India: Initiatives for Effective Implementation of the RTI
Rules, 2012

3.3.3 Rules Regarding Appeal to the Commission under the RTI Rules, 2012

3.4 The Right to Information Rules, 2019

3.5 Online Portal for Filing RTI Application and First Appeal
3.6 Appraisal
3.7 Conclusion
3.8 Glossary
3.9 References
3.10 Answers to Check Your Progress Exercises

3.0 OBJECTIVES
After studying this Unit, you should be able to:

x Discuss the importance of rules for making a statute workable;

x Explain the background of Right to Information Rules, 2012;
x Describe the procedure for filing application and appeal for the right to
information; and
x Explain how to file an online application or appeal for right to
information.

3.1 INTRODUCTION
The Right to Information (RTI) Act, 2005 was enacted to bring good
governance in the system. It enjoined every public authority to be transparent

Ύ
Contributed by Prof. (Dr) Preeti Misra, Head, Department of Human Rights, School of
Legal Studies, Babasaheb Bhimrao Ambedkar University, Lucknow, Uttar Pradesh.
54


and accountable in his/her working. The basic objective of the RTI Act, 2005 The Right to
Information Rules
is to empower the citizens to seek information from the government and its
instrumentalities unless sought information falls in the exempted category.
Open government make our democracy work for the people in real sense. The
RTI regime is intended to provide access to the citizenry to all kinds of
information relating to the governance of the country, which helps in useful
political participation. A clear knowledge of the provisions of the Act and
Rules to the Public Information Officers/First Appellate Authorities is key to
the successful implementation of the Act. Rules are very important to carry
out the provisions of any Act/Statute.

3.2 RULE MAKING POWER UNDER THE RTI

ACT, 2005
In order to carry out the aims, objectives and functions of the RTI Act, the
Central and State Governments are empowered to make Rules under the
provisions of RTI Act, 2005. The Right to Information Rules are framed in
pursuance of Section 27, 28 and 29 of the RTI Act, 2005. Section 27 of the
Act “gives power to the appropriate Government (Central or State) to frame
rules. Primarily, rules can provide for application fees, additional fees for
providing information, formats for RTI applications and appeals, for
procedure to be adopted by the Central Information Commission or State
Information Commission in deciding appeals or any other matter
prescribed”. Section 28 of Act gives authority only to the Competent
Authorities to make rules for the fees payable under the Act, to charge
additional fee for rendering information, to devise formats for application and
appeal. It is important to note that this power cannot be exercised by the
public authorities. Section 29 makes it mandatory for the governments to lay
the rules before both the Houses of Parliament as soon as the rules are
framed.

In order to give effect to the provisions of the RTI Act, 2005 before the
framing of RTI Rules 2012, Rules Regarding Charging of Fee for
Application of RTI, Central Information Commission (Appeal Procedure)
Rules, 2005 and Central Information Commission (CIC) (Management)
Regulations 2007 were framed. Let us first discuss, in brief, these
regulations —

x The Right to Information (Regulation of Fee and Cost) Rules, 2005

In exercise of the powers conferred by clauses (b) and (c) of sub-section
(2) of Section 27 of the Right to Information Act, 2005 (22 of 2005), the
Central Government made the first principal rule, “the Right to
Information (Regulation of Fee and Cost) Rules, 2005), which became
effective from 16th September, 2005. These Rules provided for the
55

 
The Right to application fee for seeking information, mode of fee payment and
Information Act,
2005 charges for the document inspection or for having a hard or soft
document copy of the information sought. Rules 3 to 5 are given as
hereunder —
3. A request for obtaining information under sub-section (1) of Section 6
shall be accompanied by an application fee of Rs. 10/- by way of cash
against proper receipt or by demand draft or bankers cheque [or Indian
Postal Order — inserted vide Right to Information (Regulation of Fee
and Cost) (Amendment) Rules, 2006, w.e.f. 17-5-2006] payable to the
Accounts officer of the Public Authority.
4. For providing the information under sub-section (1) of Section 7, the fee
shall be charged by way of cash against proper receipt or by demand
draft or bankers cheque [or Indian Postal Order — inserted vide Right to
Information (Regulation of Fee and Cost) (Amendment) Rules, 2006,
w.e.f. 17-5-2006] payable to the Accounts Officer of the Public
Authority at the following rates:
a) Rs. 2/- for each page (in A-4 or A-3 size paper), created or copied;
b) actual charge or cost price of a copy in larger size paper;
c) actual cost or price for samples or models; and
d) for inspection of records, no fee for the first hour; and a fee of
rupees five for each subsequent hour (or fraction thereof).
5. For providing the information under sub-section (5) of Section 7, the fee
shall be charged by way of cash against proper receipt or by demand
draft or bankers cheque [or Indian Postal Order — inserted vide Right to
Information (Regulation of Fee and Cost) (Amendment) Rules, 2006,
w.e.f. 17-5-2006] payable to the Accounts officer of the Public Authority
at the following rates:
a) for information provided in diskette or floppy – Rs. 50/- per diskette
or floppy; and
b) for information provided in printed form at the price fixed for such
publication or Rs. 2 per page of photocopy for extracts from the
publication.
x Central Information Commission (Appeal Procedure) Rules, 2005
In exercise of the powers conferred by clauses (e) and (f) of sub-section
(2) of Section 27 of the Right to Information Act, 2005 (22 of 2005), the
Central Government passed Central Information Commission (Appeal
Procedure) Rules, 2005, which came into application w.e.f. 28-10-2005.
These Rules provided for contents of appeal having particulars of the
appellant and details of the relief sought. Documents to accompany
56 appeal were to be self-attested by the appellant. Rules also provided for


procedure in deciding appeal, service of notice by the Commission. The The Right to
Information Rules
Order of the Commission was to be pronounced in open proceedings and
be in writing duly authenticated by the Registrar or any other officer
authorised by the Commission. The Appellant or complainant was to be
present during appeal proceedings or through his authorised representative.
x Central Information Commission (CIC) (Management) Regulations,
2007
CIC (Management) Regulations, 2007 were introduced for the smooth
functioning of the CIC as there were no provisions in the RTI Act, 2005
with regard to the powers and functions of the CIC on how to deal with
appeals and complaints. These regulations were, however, quashed by
the Delhi High Court in 2010, which ruled that the CIC had no power to
make Regulations under Section 12(4) of the RTI Act, 2005. But some
High Courts, including Patna High Court, have approved the Regulations
framed by their respective State Information Commissions. The CIC
challenged the decision of the Delhi High Court in the Supreme Court.

3.3 RIGHT TO INFORMATION RULES, 2012

In exercise of the powers under Sections 27 and 28 of the RTI Act, 2005, the
Central Government, State Governments, High Courts, etc. had notified rules.
Under these rules, the fee prescribed by different appropriate Governments/
Competent Authorities were at great variance.

1. While RTI Rules 2012 were being framed, a notification was issued by
the Government of India to “the Chief Secretaries of all States/UTs
(except J&K), Registrars of all High Courts and to the Registrar of the
Supreme Court on 26th April 2011 for the harmonisation of fee payable
under the Right to Information Act. 2005, which read as—
Sections 27 and 28 of the Right to Information Act, 2005 empower the
appropriate Governments and the Competent Authorities to make rules
to prescribe, inter-alia, the fees payable under the Act. In exercise of
these powers, the Central Government, State Governments, High Courts,
etc. have notified rules. It has been observed that the fee prescribed by
different appropriate Governments/Competent Authorities is at great
variance.
2. The Second Administrative Reforms Commission has, in this regard,
recommended that the States should frame Rules regarding application fee
in harmony with the Central Rules and ensure that the fee should not
become a disincentive for using the right to information.
3. All the States/Competent Authorities are, therefore, requested to kindly
review their Fee Rules and to prescribe fee in consonance with the fee
prescribed by the Government of India” (N0.F. 1/5/2011 -IR ,Dt 26 April

57

 
The Right to 2011, Department of Personnel and Training, Ministry of Personnel, PG
Information Act, and Pension, Government of India, New Delhi).
2005

A copy of the “Right to Information (Regulation of Fee and Cost) Rules,

2005 notified by the Government of India” was “enclosed for ready
reference” and information was also sought for the action taken in this regard.

Government of India, Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training (DOPT) issued a “Notification in
supersession of the Central Information Commission (Appeal Procedure)
Rules, 2005 and the Right to Information (Regulation of Fee and Cost) Rules,
2005” in order to provide rules and procedures for efficient and smooth
conduct of RTI machinery. The Right to Information Rules, 2012
(G.S.R.603(E) NOTIFICATION Dt. 31st July, 2012) mainly deal with (A)
rules relating to fees for filing a RTI petition, and (B) appeals to the
Commission. These rules also aim at reducing the number of appeals and
complaints to the CIC. These became effective from 31st July, 2012.

3.3.1 Rules Regarding Fees Under the Right to Information

Rules, 2012
Rules 3 to 6 of RTI Rules, 2012 pertain to provisions regarding fee as
prescribed by the Central Government. Provisions relate to RTI application
fee, fees for providing information, mode of payment of fee and exemption
from payment of fee. Details are as follows:

Rule 3. Application Fee — An application under sub-section (1) of Section

6 of the Act shall be accompanied by a fee of rupees ten and shall ordinarily
not contain more than five hundred words, excluding annexures, containing
address of the Central Public Information Officer and that of the applicant:
Provided that no application shall be rejected only on the ground that it
contains more than five hundred words.

Rule 4. Fees for providing information — Fees for providing information

under sub-section (4) of Section 4 and Sub-sections (1) and (5) of Section 7
of the Act shall be charged at the following rates, namely:

a) rupees two for each page in A-3 or smaller size paper;

b) actual cost or price of a photocopy in large size paper;
c) actual cost or price for samples or models;
d) rupees fifty per diskette or floppy;
e) price fixed for a publication or rupees two per page of photocopy for
extracts from the publication;
f) no fee for inspection of records for the first hour of inspection and a fee
58 of rupees 5 for each subsequent hour or fraction thereof; and


g) so much of postal charges involved in supply of information that exceeds The Right to
Information Rules
fifty rupees.

Rule 5. Exemption from Payment of Fee — No fee under Rule 3 and Rule
4 shall be charged from any person who, is below poverty line provided a
copy of the certificate issued by the appropriate Government in this regard is
submitted along with the application.

Rule 6. Mode of Payment of fee — Fees under these Rules may be paid in
any of the following manner, namely:

a) in cash, to the public authority or to the Central Assistant Public

Information Officer of the public authority, as the case may be, against a
proper receipt; or
b) by demand draft or bankers cheque or Indian Postal Order payable to the
Accounts Officer of the public authority; or
c) by electronic means to the Accounts Officer of the public authority, if
facility for receiving fees through electronic means is available with the
public authority.

3.3.2 Government of India: Initiatives for Effective

Implementation of the RTI Rules, 2012
x Harmonisation of the RTI (Fee & Cost) Rules and Appeal Procedure
Rules under the Right to Information Act, 2005
1) The Government of India had notified a set of the RTI Rules, 2012 dated
31st July 2012. While drafting the RTI Rules, 2012, it was stipulated that
once notified, the State Governments would be requested to adopt these
rules mutatis mutandis, so that there will be uniformity, as far as
possible, in the matter of implementation of the Act in the country.
2) Attention is also invited to this Department’s letter of even number dated
26.4.2011 titled harmonisation of fee payable under the Right to
Information Act requesting thereby to review the State/Supreme
Court/High Court RTI Fee & Cost Rules and to prescribe fee in
consonance with the fee prescribed by the Government of India as per
the Right to Information (Regulation of Fee and Cost) Rules, 2005, so
that the fee should not become disincentive for using the Right to
Information. It has been observed that few States have not yet
harmonised their fee rules with that of the Central Government.
3) All the States/Competent Authorities are, therefore requested to kindly
review their Right to Information (Fee & Cost Rules) and Appeal
Procedure Rules and to notify, if need be, fresh rules in consonance with
those notified by the Government of India.
59

 
The Right to x Timely intimation about payment of additional fee under the RTI
Information Act,
2005 Act, 2005
1) It has been brought to the notice of the Central Information Commission
that some CPIOs inform the information seeker about the additional fee
under Sub-section 7(3) of the RTI Act at the end of the thirty days period
prescribed for providing the information under sub-section 7(1) of the
RTI Act.
2) The Central Information Commission in one of its orders has mentioned
that while there cannot be any hard and fast rule about when exactly the
intimation about the photocopying charges should be conveyed to the
information seeker, it is implied in the prescribed time limit that the
demand for the photocopying charges must be made soon after the RTI
application is received so that the information seeker has time to deposit
the fees and receive the information within the prescribed thirty days
period. If the information sought is not voluminous or is not dispersed
over a large number of files, computation of the photocopying charges
should not be a time consuming task. As soon as the RTI application is
received, the holder of the information should decide about how much
information to disclose and then calculate the photocopying charges so
that the CPIO can immediately write to the information seeker
demanding such fees.
3) This may be brought to the notice of all concerned for compliance”.
x Launching of Electronic Indian Postal Order
1) On the initiative of the Department of Personnel and Training, the
Department of Posts has launched Electronic Indian Postal Order (eIPO)
w.e.f. 22/03/2013.This service provides a facility to obtain an ‘Indian
Postal Order’ electronically by paying a prescribed fee online through e-
Post Office Portal i.e. http://www.epostoffice.gov.in. It can also be
accessed through India Post website www.indiapost.gov.in. The RTI
Rules, 2012, provides for online fees submission, if facility is available
with the public authority to take fees through electronic mode.
2) This facility is only being given to Indians Citizens living abroad, so
that they may get information under the RTI Act, 2005, from the Central
Public Information Officers (CPIOs), eIPOs can be purchased through
‘Debit and Credit cards’.
3) Detailed information for submitting application/appeal is given on online
portal of ‘rtionline.gov.in’. Applicants/Appellants can get themselves
registered at the website, by selecting concerned Ministry/Department
from where information is sought. After registration and submission of
requisite fee (if applicable), an eIPO is generated, that can be used for the
60 information from the concerned Ministry/Department. If RTI application


is to be filed online, a printout of elPO needs to be attached with the The Right to
Information Rules
application/appeal.
4) It is be noted that this “procedure is only for purchasing an Indian Postal
Order electronically”. All other requirements for filing application as
well as other provisions regarding eligibility, time limit, exemptions, etc.
will remain the same as per the RTI Act, 2005.
5) An elPO so generated can be used only once, as “CPIOs shall maintain a
record of the elPOs received from Indian Citizens living abroad”. The
“details of eIPOs can be verified from the portal of India Post” (DoPT,
2013).
x Extension of Facility of eIPO to Indian Citizens Abroad
1) “A service called eIPO was launched w.e.f. 22-03-2013 to facilitate
Indian citizens abroad across the, globe to, purchase, an eIPO by paying
the fee online to access the information under the RTI Act, 2005 from
the Central Public Authorities.
2) The procedure to obtain eIPO has already been explained vide Office
Memorandum of DoPT Dt 22-03-2013. The main points of procedure are
as under:
[a] The user needs to get herself/himself registered at either http-
//www.epostoffice.gov.in or www.indiapost.gov.in.
[b] S/he has to select the Ministry/Department from whom s/he desires
to seek the information under the RTI Act and the eIPO so
generated, by making payment using the Debit or Credit card, can be
used to seek information from that Ministry/Department only.
[c] A printout of the eIPO is required to be attached with the RTI
application. If the RTI application is being filed electronically, eIPO,
is required to be attached as an attachment.
[d] This facility is only for purchasing an Indian Postal Order
electronically. All the requirements for filing an RTI application as
well as other provisions regarding eligibility, time limit, exemptions,
etc. as provided in the RTI Act, 2005 will continue to apply.
3) It has been brought to the notice of this Department that Indian citizens
living abroad are facing difficulties in payment of fees for accessing
information from Indian Missions/Posts abroad as the facility of eIPO
was not available with them,
4) In order to facilitate for obtaining the information under the RTI Act,
2005 by the Indian citizen living abroad from Indian Missions/Posts
under the Ministry of External Affairs, the facility of eIPO is extended to
176 Indian Missions/Posts”. List of Indian Missions/Posts were enclosed
and this was to be brought to the notice of all concerned (eIPO, 2013). 61

 
The Right to Check Your Progress 1
Information Act,
2005
Note: i) Use the space given below for your answers.
ii) Check your answers with those given at the end of the Unit.
1) Discuss the rule making power of the government under the Right to
Information Act, 2005.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
2) For what purpose Rules can be framed under the Right to Information
Act, 2005? Highlight the Rules covering fees and cost of filing
applications and appeals for the right to information.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
3) What measures have been taken by the Government of India for making
the RTI Rules, 2012 more effective?
…………………………………………………………………………….
…………………………………………………………………………….
…………………………………………………………………………….
…………………………………………………………………………….
…………………………………………………………………………….

3.3.3 Rules Regarding Appeal to the Commission under the

RTI Rules, 2012
Provisions regarding appeal are enacted under Section 19 of the RTI Act,
2005. An appeal can be filed to the Central Information Commission/State
Information Commission against the first Appellate Authority and to the first
Appellate Authority against Central Public Information Officer (CPIO)/State
Public Information Officer (SPIO) as the case may be, within specified time
limit (See Unit 2 of Block 2 for details). Rules 8 to 15 of the RTI Rules, 2012
lay down detailed procedure for filing appeal to the Commission. A format of
62 Appeal is also attached in the APPENDIX of the RTI Rules, 2012 to facilitate


the aggrieved persons to file appeal against the first appellate authority. The The Right to
Information Rules
appellant should give details on the points given in the Appendix.

Appeal to the Commission: Rule 8 provides that a person who is

“...aggrieved by an order of the First Appellate Authority” or by “non-
disposal of his appeal” by the First Appellate Authority, may file an appeal to
the Commission in the format given in the Appendix. The appeal shall be
accompanied by the following documents, duly authenticated and verified by
the appellant–

i) a copy of the application submitted to the Central Public Information

Officer;
ii) a copy of the reply received, if any, from the Central Public Information
Officer;
iii) a copy of the appeal made to the First Appellate Authority;
iv) a copy of the Order received, if any, from the First Appellate Authority;
v) copies of other documents relied upon by the appellant and referred to in
his appeal; and
vi) an index of the documents referred to in the appeal.

Return of Appeal: Rule 9 states, “An appeal may be returned to the

appellant, if it is not accompanied by the documents as specified in Rule 8”.
The appeal may be filed again “after removing the deficiencies”.

Process of Appeal: Rule 10 provides for the procedure of appeal. According

to the Clause (1), “...if on receipt of an appeal the Commission is not satisfied
that it is a fit case to proceed with, it may dismiss the appeal, after giving an
opportunity to the appellant of being heard”. The reasons are to be recorded
for dismissing the appeal. Proviso to Rule 10 states, “no appeal shall be
dismissed only on the ground that it has not been made in the specified
format if it is accompanied by documents as specified in Rule 8”.

Clause (2) of Rule 10 stipulates that the Commission shall not consider an
appeal unless all the remedies have been exhausted by the appellant available
under the Act.

Clause (3) specifies, “a person shall be deemed to have exhausted all the
remedies available under the Act “if he had filed an appeal before the First
Appellate Authority and the First Appellate Authority or any other person
competent to pass order on such appeal had made a final order on the appeal”
or “where no final order has been made by the First Appellate Authority with
regard to the appeal and a period of forty five days has elapsed from the date
on which such appeal was filed”.

63

 
The Right to Procedure for deciding appeals is given under Rule 11. The Commission,
Information Act,
2005 while deciding an appeal may “(i) receive an oral or written evidence on oath
or on affidavit from the concerned or interested person (ii) peruse or inspect
documents, public records or copies thereof (iii) inquire further details or
facts through an authorised officer (iv) hear Central Public Information
Officer, Central Assistant Public Information Officer or the First Appellate
Authority or such person, against whose action the appeal is preferred (v)
hear third party and (vi) receive evidence on affidavits from the Central
Public Information Officer, Central Assistant Public Information Officer,
First Appellate Authority and such other person against whom the appeal lies
or the third party”.

Presence of the appellant before the Commission: Rule 12

The Commission shall inform the appellant about the “date of presence at
least seven clear days before the date of hearing”. “The appellant may be
present in person or through his duly authorised representative or through
video conferencing, if the facility of video conferencing is available, at the
time of hearing of the appeal by the Commission”. If the Commission is
satisfied that the appellant is not able to attend the hearing, then, the
Commission may afford the appellant another opportunity of being heard
before a final decision is taken. The “Commission may take any other
appropriate action”, if it deems fit.

Presentation by the Public Authority: As per Rule 13 “the public authority

may authorise any representative on his behalf to present its case”.

Service of Notice by the Commission: Rule 14 provides, “...the Commission

may issue the notice by name, which shall be served (i) by the party itself (ii)
by hand delivery (dasti) through Process Server (iii) by registered post with
acknowledgement due or (iv)by electronic mail in case electronic address is
available”.

Order of the Commission: As per Rule 15 “...the order of the Commission

shall be given in writing and issued under the seal of the Commission, duly
authenticated by the Registrar or any other officer authorised by the
Commission for this purpose”.

Appendix attached with the Rule contains Format of Appeal (See Rule 8).
The proforma requires following details –

1) Name and address of the appellant.

2) Name and address of the Central Public Information Officer, to whom
the application was addressed.
3) Name and address of the Central Public Information Officer, who gave
64 reply to the application.


4) Name and address of the First Appellate Authority who decided the First The Right to
Information Rules
Appeal.
5) Particulars of the application.
6) Particulars of the order(s) including number, if any, against which the
appeal is preferred.
7) Brief facts leading to the appeal.
8) Prayer or relief sought.
9) Grounds for the prayer or relief.
10) Any other information relevant to the appeal.
11) Verification/authentication by the appellant.

3.4 THE RIGHT TO INFORMATION RULES,

2019
The Right to Information (Term of Office, Salaries, Allowances and Other
Terms and Conditions of Service of Chief Information Commissioner,
Information Commissioners in the Central Information Commission, Central
Chief Information Commissioner and State Information Commissioners in
the State Information Commission) Rules, 2019” were made in pursuance of
the RTI (Amendment) Act, 2019. The rules are of administrative nature and
pertain to the internal administration of the concerned organisation only.

‘The Right to Information (Term of Office, Salaries, Allowances and Other

Terms and Conditions of Service of Chief Information Commissioner,
Information Commissioners in the Central Information Commission, State
Chief Information Commissioner and State Information Commissioners in
the State Information Commission) Rules, 2019 were made in pursuance of
the RTI (Amendment) Act, 2019. In a press release, the Government stated,
“The rules are of administrative nature and pertain to the internal
administration of the concerned organisation only. These Rules do not in any
way affect the citizens’ Right to Information or obligations of Public
Authorities and Public Information Officers given in Chapter II of the RTI
Act inter-alia. The powers and functions of the Information Commissions
stay undiluted as the relevant provisions under Chapter V of the Act remain
unaltered. Nor are the independence and autonomy of these institutions
affected in any way” (G.S.R. 810E Dt. 24 October 2019. Ministry of
Personnel, Public Grievances & Pensions, Department of Personnel &
Training, Govt of India, New Delhi: https://pib.gov.in/PressReleasePage.
aspx PRID=1595927).

65

 
The Right to
Information Act,
3.5 ONLINE PORTAL FOR FILING RTI
2005 APPLICATION AND FIRST APPEAL
An online portal https://rtionline.gov.in/ has been launched by the
Government of India for filing RTI Application and First Appeal along with
payment gateway by Indian citizen for all Ministries/Departments and other
public authorities of the Central Government. Online RTI Application or
First Appeal, should not be filed for public authorities of State Government
including Government of NCT Delhi. If filed, application would be returned,
without refund of amount. A user manual is available on the website.

According to the RTI Rules, 2012 “no fees is required to be paid by any
citizen who is below poverty line”. If a citizen belongs to BPL category s/he
has to upload BPL card certificate in supporting document filed. If a citizen
belongs to Non BPL category, s/he will make a payment of Rs.10 as
prescribed in the RTI Rules, 2012.

Online Payment mode can be:

1) Internet Banking
2) Credit or Debit Card / RuPay Card

The requisite fee can be paid through “Internet banking through SBI and its
associated banks” or by “using credit/debit card”.

3.6 APPRAISAL
The working of the RTI Act 2005 has shown that the RTI Rules 2012 are
incomplete as they do not cover many things like rules regarding safety of the
person seeking information, eligibility criterion for Information
Commissioner, Central Public Information Officer, First Appellate Authority,
rules regarding non-compliance of the RTI, etc. It has been noticed that the
fee prescribed by the Central and State Government Authorities are different.
Rules framed by the High Courts and Legislative Assemblies are often not in
accordance with the RTI Act. Rules relating to exemptions, compelling
citizen to disclose reasons for seeking information, giving id proofs or
lowering the penalty are beyond the provisions of the RTI Act and also
beyond the competence of subordinate legislation (Rule making powers)
conferred by Section 28.

After the inception of the RTI Act, 2005, many clarifications have been
issued by the DoPT regarding various provisions of the Act. To facilitate the
citizens, “a compendium of Office Memorandums (OMs) and Notifications”
has also been uploaded online. “Topic wise search facility is also available”
(https://dopt.gov.in/rti/proactive-disclosures/compendium-oms-notifications-
66


rti-act). This would further help applicants/appellants in developing the The Right to
Information Rules
understanding of provisions of the RTI Act and the Rules thereof.

Check Your Progress 2

Note: i) Use the space given below for your answers.

ii) Check your answers with those given at the end of the Unit.
1) Discuss the provisions for making appeal under the RTI Act, 2005 and
highlight the rules governing filing of appeal as given under the RTI
Rules, 2012.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
2) Draft an appeal against the State Public Information Officer for not
providing information within specified time limit.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
3) Discuss the provisions for filing an application/appeal online.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………

3.7 CONCLUSION
There seems to be inbuilt deliberate legislative lapses as far as Rules framed
by the Competent Authorities are concerned, as there is no provision to place
such Rules on the floor of legislature. If all the competent authorities frame
similar Rules, it would be convenient for the information seekers and would
bring more clarity in legislation. All these shortcomings emphasise that
changes were necessary to increase the effectiveness of the RTI Rules, 2012.
Though, on 31st March 2017, the Ministry of Personnel, Public Grievances 67

 
The Right to and Pensions, Department of Personnel and Training (DoPT) proposed Right
Information Act,
2005 to Information Rules, 2017 to correct the inadequacies of the Central
Information Commission Management Rules, 2007 and RTI Rules of 2012
by the Central Government under Section 27 of the Right to Information Act,
2005. Though the proposed Rules of 2017 were much more exhaustive
regarding provisions of appeal, covering format for filing non-compliance
application, format of complaint along with format of appeal, but
unfortunately could not see the light of the day. Amendment of 2019 is of
administrative concern only. If the RTI Rules, 2012 are duly modified
addressing all the concerns mentioned above, it would go a long way in
further strengthening the RTI regime.

3.8 GLOSSARY
Mutatis Mutandis: It is a Medieval Latin phrase meaning “with things
changed that should be changed” or “having changed what needs to be
changed” or “once the necessary changes have been made”. It remains
unnaturalised in English and is therefore usually italicised in writing. It is
used in many countries to acknowledge that a comparison being made
requires certain obvious alterations, which are left unstated. Mutatis
mutandis is still used in law and in other subjects of economics,
mathematics, linguistics and philosophy.

3.9 REFERENCES
Central Information Commission (Appeal Procedure) Rules, 2005. Retrieved
from https://cic.gov.in/node/2511

Central Information Commission (CIC) (Management) Regulations, 2007.

Retrieved from http://www.igntu.ac.in/RTI/Central%20Information%
20Commission%20(Management)%20Regulations,%202007.pdf

Department of Personnel & Training Circulars. Retrieved from

https://doptcirculars.nic.in/Default.aspx?URL=Fa0rNMJBxQoH%20

Department of Personnel Training. Retrieved from

https://dopt.gov.in/goisearch?search_key=RTI+Rules#

DoPT. (2013). Launching of Electronic Indian Postal Order. Retrieved from

https://documents.doptcirculars.nic.in/D2/D02rti/1_44_2009-IR-
22032013.pdf

eIPO. (2013). Purchase Electronic Indian Postal Order online for Indian
Ciitizen abroad. Retireved from https://www.cgihk.gov.in/pdf/rti-ipo.pdf

Harmonisation of RTI (Fee & Cost) Rules and Appeal Procedure Rules under
68 Right to Information Act, 2005. Retrieved from


https://documents.doptcirculars.nic.in/D2/D02rti/1-5-2011-IR_10-07- The Right to
Information Rules
2015.pdf

Muthuswamy, Brinda, & Sanjeev. (2020). Swamy’s Compilation on Right to

Information-Act, Rules, Orders and Guides. Chennai, India: Swamy
Publishers Pvt Ltd.

Right to Information Rules, 2012. Retrieved from

https://cic.gov.in/node/2506

Right to Information Rules, 2019. Retrieved from

https://prsindia.org/files/bills_acts/bills_parliament/RTI%20Bill%20as%20pa
ssed%20by%20LS.pdf

Right to Information, Citizen Gateway. Retrieved from https://rti.gov.in/

RTI Online. Retrieved from https://rtionline.gov.in/

Shailesh, G. & Pralhad, K. (2016). RTI Act, Authentic Interpretation of the

Statute. Mumbai, India: Vakils, Feffer, and Simons Pvt Ltd.

Taxmann’s Bare Act. (2016). Right to Information Act, 2005. New Delhi,
India: Taxmann.

The Right to Information (Regulation of Fee and Cost) Rules, 2005.

Retrieved from https://cic.gov.in/node/2510

The Right to Information Act, 2005. Retrieved from https://rti.gov.in/rti-

act.pdf

3.10 ANSWERS TO CHECK YOUR PROGRESS

EXERCISES
Check Your Progress 1

1) Your answer should include the following points:

x Discuss Sections 27, 28 and 29 of the RTI Act, 2005 and refer to point
3.2 of this Unit.
2) Your answer should include the following points:
x See Rules 3 to 6 of the RTI Rules, 2012 and refer to Point 3.3 of this
Unit.
3) Your answer should include the following points:
x Refer to Point 3.3 (A) of the Unit.

Check Your Progress 2

1) Your answer should include the following points:

69

 
The Right to x Write your answer with the help of Section 19 of the RTI Act, 2005
Information Act,
2005 and Rules 8 to 15 of the RTI Rules, 2012. Refer to Point 3.3(B) of the
Unit too.
2) Your answer should include the following points:
x Draft your appeal with the help of proforma of appeal given in RTI
Rules, 2012.
3) Your answer should include the following points:
x Refer to point 3.4 of this Unit and visit https://rtionline.gov.in/ for
more details regarding online application for the RTI.

70


 The Central
UNIT 4 THE CENTRAL INFORMATION Information

COMMISSION* Commission

Structure

4.0 Objectives
4.1 Introduction
4.2 The Central Information Commission
4.3 Term of Office and Conditions of Service
4.3.1 Before the RTI (Amendment) Act, 2019
4.3.2 After the RTI (Amendment) Act, 2019

4.3.3 Removal of the CIC or IC

4.3.4 Suspension of the CIC or IC

4.4 The CIC: Powers and Functions

4.4.1 Power to Receive and Inquire into Complaint

4.4.2 Appellate Jurisdiction of the Commission

4.4.3 Power to Impose Penalty

4.4.4 Power of Monitoring and Reporting

4.5 Landmark Judgments of the CIC

4.6 Conclusion
4.7 Glossary
4.8 References
4.9 Answers to Check Your Progress Exercises

4.0 OBJECTIVES
After studying this Unit, you should be able to:

x Explain the structure of CIC;

x Describe the procedure and working of CIC and its officials;
x Analyse the functions and powers of the CIC; and
x Examine the leading cases decided by the CIC, effecting governance.


Ύ
 Contributed by Prof. (Dr) Preeti Misra, Head, Department of Human Rights, School of
Legal Studies, Babasaheb Bhimrao Ambedkar University, Lucknow, Uttar Pradesh.


71

 
The Right to
Information Act,
4.1 INTRODUCTION
2005
The new millennium promises to be an era of good governance ensuring
transparency and accountability on the part of the government, its
instrumentalities and all sections of society concerned with public life. These
trends have been further stimulated by the growth of information technology,
enhanced globalisation and interdependency of national economies. Freedom
of information has many advantages. It facilitates participation of people in
public affairs by having access to relevant information. In an informed
society, people can make better choices; and exercise their democratic rights.
Right to Information (RTI) improves decision-making power of elected
representatives as they have better understanding of needs of their citizenry.
It enhances their credibility too. The legislative intent behind the enactment
of the RTI Act is to foster transparency and accountability in the working of
every Public Authority, bridge the gap between the information provider and
the information seeker, enhance efficiency in administration of public
authorities, mitigate corruption and promote good governance. Besides, the
Act is a means of livelihood for those who are living in poverty or in a
situation of powerlessness.

The object and reasons clause of RTI Act “provide for setting out the
practical regime of right to information for citizens to secure access to
information under the control of public authorities, in order to promote
transparency and accountability in the working of every public authority”.
One of the important objects of the Act is “establishment of appellate
machinery” of the Central Information Commission (CIC) and State
Information Commission (SIC) to monitor and review the decisions of public
information officers. In this Unit we will discuss constitution, powers and
functions of the CIC in detail. Here, some landmark decisions of the CIC will
also be discussed, which have been instrumental in the efficient working of
the RTI Act, 2005.

4.2 THE CENTRAL INFORMATION

COMMISSION
The Central Information Commission constituted under sub-section (1) of
Section 12 (Section 2(b) of RTI Act, 2005) of the RTI Act, 2005. The CIC
was established in October 2005 through the Central Government
Notification in the Official Gazette. Sections 13 and 14 provide for the terms
and conditions of service of the Chief Information Commissioner and
Information Commissioners. Powers and functions of the CIC, including
power to receive appeals and impose penalty are discussed under Sections 18
- 20 of the Act. Besides, the Commission is also entrusted with the duty of
72 monitoring the functions of public authorities and sending report to the


Parliament about the implementation of the provisions of the Act. It may also The Central
Information
render recommendations regarding efficient working of the Act. Commission

Constitution of the Central Information Commission

Section 12 (1) of the RTI Act, 2005 provides that the Central Government
shall, by notification in the Official Gazette, constitute a body to be known as
the Central Information Commission to exercise the powers conferred on,
and to perform the functions assigned to, under this Act. Sub-section (2)
states that the Central Information Commission shall consist of the Chief
Information Commissioner and such number of Central Information
Commissioners, not exceeding ten, as may be deemed necessary. As per
Section 2 (d) “Chief Information Commissioner” and “Information
Commissioner” mean the Chief Information Commissioner and Information
Commissioner appointed under sub-section (3) of section 12.

Appointment of the Chief Information Commissioner and Other Members

Section 12(3) provides that the Chief Information Commissioner and

Information Commissioners shall be appointed by the President on the
recommendation of a committee. The appointment Committee shall consist
of three persons–

i) the Prime Minister, who shall be the Chairperson of the Committee;

ii) the Leader of Opposition in the Lok Sabha; and
iii) a Union Cabinet Minister to be nominated by the Prime Minister.

Explanation to sub-section (3) of Section 12 makes it clear that where the

Leader of Opposition in the House of the People has not been recognised as
such, the Leader of the single largest group in opposition of the Government
in the House of the People shall be deemed to be the Leader of Opposition.

The CIC: Superintendence, Direction and Management

Sub-section (4) of Section 12 states that the general superintendence,

direction and management of the affairs of the Central Information
Commission shall vest in the Chief Information Commissioner, who shall be
assisted by other Information Commissioners. The Chief Information
Commissioner may exercise all such powers and can do all such acts and
things, which may be exercised or done by the Central Information
Commission autonomously without being subjected to directions by any
other authority under this Act.

Qualifications for Appointment of the CIC and other Members

Sub-section 5 of Section 12 lays down qualifications for the appointment of

Chief Information Commissioner and other members. It states that all the
73

 
The Right to members of CIC including Chief Information Commissioner shall be persons
Information Act,
2005 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.

Sub-section (6) makes it mandatory that the Chief Information Commissioner

or an Information Commissioner shall not be a Member of Parliament or
Member of the Legislature of any State or Union territory, nor they will hold
any other office of profit. It is further required that members of the
Commission will not be connected with any political party or carrying on any
business or pursuing any profession.

Headquarters of the CIC

As per Section 12 (7), the headquarters of the Central Information

Commission shall be at Delhi. The Central Information Commission may,
establish offices at other places in India too, with the prior approval of the
Central Government.

Decision of the Government of India Regarding Constitution of Benches

On 22nd May 2005, the Government of India issued office memorandum

(O.M.) regarding clarification on constitution of Benches by the CIC for the
purpose of hearing applications and appeals of the RTI. It stated that it has
been observed, “the Central Information Commission… taking decisions on
the complaints and the appeals by constituting Benches. …the Central
Information Commission …could function through Benches only if there was
a specific provision in the Act regarding constitution of Benches…provision
of Section 12(4) of the RTI Act does not empower the Chief Information
Commissioner to constitute the Benches. Hence, it is advised that decisions
on the complaints and appeals should be taken by the Central Information
Commission as defined in Section 2(b) of the RTI Act, 2005 and not by the
Benches of the Commission” (Department of Personnel and Training,
Clarification on constitution of Bench by Central Information Commission
(CIC). No. 1/1/2009-IR, Dt 22 May 2009).

4.3 TERM OF OFFICE AND CONDITIONS OF

SERVICE
4.3.1 Before the RTI (Amendment) Act, 2019
Section 13 of the Act provides for the term of office and conditions of service
of the Chief Information Commissioner and Information Commissioners.
Section 13(1) and (2) provide, inter alia, that the Chief Information
Commissioner and every Information Commissioner shall hold office for a

74


term of five years or till they attain the age of sixty-five years, whichever is The Central
Information
earlier, and shall not be eligible for reappointment. Commission

Proviso to Section 13(2) states that every Information Commissioner, on

vacating his office under this sub-section, shall be eligible for appointment as
the Chief Information Commissioner in the manner specified in sub-section
(3) of section 12. It is further stated that where the Information
Commissioner is appointed as the Chief Information Commissioner, his/her
term of office shall not be more than five years in aggregate as the
Information Commissioner and the Chief Information Commissioner.

Sub-section (3) provides that before entering upon the office, the Chief
Information Commissioner or an Information Commissioner shall take oath
before the President or some other person appointed by him/her in that
behalf. Oath shall be taken on the proforma given in the First Schedule.

Sub-section (4) of Section 13 provides that the Chief Information

Commissioner or an Information Commissioner may, at any time, by writing
under his hand addressed to the President, resign from his office: Provided
that the Chief Information Commissioner or an Information Commissioner
may be removed in the manner specified under Section 14.

Salaries and allowances payable to and other terms and conditions of

service of the CIC and ICs

Sub-section (5) of Section 13 clarifies that the salaries and allowances and
other terms and conditions of service of the Chief Information Commissioner
and Information Commissioners shall be the same as that of the Chief
Election Commissioner and Election Commissioner, respectively.

Provided that if the Chief Information Commissioner or an Information

Commissioner, at the time of his/her appointment is, in receipt of a pension,
other than a disability or wound pension, in respect of any previous service
under the Government of India or under the Government of a State, his salary
in respect of the service as the Chief Information Commissioner or an
Information Commissioner shall be reduced by the amount of that pension
including any portion of pension, which was commuted and pension
equivalent of other forms of retirement benefits excluding pension equivalent
of retirement gratuity:

Provided further that if the Chief Information Commissioner or an

Information Commissioner, at the time of his/her appointment, is in receipt of
retirement benefits in respect of any previous service rendered in a
Corporation established by or under any Central Act or State Act or a
Government company owned or controlled by the Central Government or the
State Government, his/her salary in respect of the service as the Chief
75

 
The Right to Information Commissioner or an Information Commissioner shall be reduced
Information Act,
2005 by the amount of pension equivalent to the retirement benefits:

Provided also that the salaries, allowances and other conditions of service of
the Chief Information Commissioner and the Information Commissioners
shall not be varied to their disadvantage after their appointment.

Under sub-section (6), the Central Government shall provide the Chief
Information Commissioner and the Information Commissioners with such
officers and employees as may be necessary for the efficient performance of
their functions under this Act, and the salaries and allowances payable to and
the terms and conditions of service of the officers and other employees
appointed for the purpose of this Act shall be such as may be prescribed.

4.3.2 After the RTI (Amendment) Act, 2019

The RTI Amendment Act, 2019 changed the terms and conditions of service
of the Chief Information Commissioners (CIC) and Information
Commissioners (ICs) at the Centre and in States by amending Section 13 of
the RTI Act, 2005. Table 4.1 below shows the comparative provisions of the
Act of 2005 and 2019.

Table 4.1: Comparison of the provisions of the Right to Information Act, 2005
and the Right to Information (Amendment) Act, 2019 w.e.f. 1st August 2019

The RTI (Amendment)

Provision The RTI Act, 2005
Act, 2019
The Chief Information
Commissioner (CIC) and The Act removes this
Information Commissioners (ICs) provision and states that the
S. 13
at the central level will hold office Central government will
Term
for a term of five years or up to the notify the terms of office
age of 65 years, whichever is for the CIC and the ICs.
earlier.
The Act removes these
The salary of the CIC and ICs will provisions and states that
be equivalent to the salary paid to the salaries, allowances,
Quantum the Chief Election Commissioner and other terms and
of Salary and Election Commissioners, conditions of service of the
respectively. central and state CIC and
ICs will be determined by
the Central Government.

76


The Central
The Act states that at the time of Information
appointment of the CIC and ICs if Commission

they are receiving pension or any

other retirement benefits for
previous government service, their The Act removes these
Deductions
salaries will be reduced by an provisions.
in Salary
amount equal to the pension
[Previous government service
includes service under: (i) the
Central government, and (ii) State
government].

Justification given by the Government in Statement of Objects and Reasons

of the RTI (Amendment) Bill, 2019

“The functions being carried out by the Election Commission of India and the
Central and State Information Commissions are totally different. The
Election Commission is a constitutional body established by Clause (1) of
Article 324 of the Constitution and is responsible for the superintendence,
direction and control of the preparation of the electoral rolls for, and the
conduct of, all elections to Parliament and to the Legislature of every State
and of elections to the offices of the President and Vice-President held under
the Constitution. On the other hand, the Central Information Commission and
State Information Commissions are statutory bodies established under the
provisions of the Right to Information Act, 2005. Therefore, the mandate of
Election Commission of India and Central and State Information
Commissions are different. Hence, their status and service conditions need to
be rationalised accordingly” [RTI Amendment Bill, (Bill No. 181 of 2019) as
introduced in the Lok Sabha on 15 July 2019].

Right to Information Rules 2019

The Right to Information (Term of Office, Salaries, Allowances and Other

Terms and Conditions of Service of Chief Information Commissioner,
Information Commissioners in the Central Information Commission, State
Chief Information Commissioner and State Information Commissioners in
the State Information Commission) Rules, 2019 was made in pursuance of
the RTI (Amendment) Act, 2019. In a press release, the Government stated,
“The rules are of administrative nature and pertain to the internal
administration of the concerned organisation only. These Rules do not in any
way affect the citizens’ Right to Information or obligations of Public
Authorities and Public Information Officers given in Chapter II of the RTI
Act inter-alia. The powers and functions of the Information Commissions
stay undiluted as the relevant provisions under Chapter V of the Act remain
unaltered. Nor are the independence and autonomy of these institutions 77

 
The Right to affected in any way” (G.S.R. 810E Dt. 24 October 2019 Ministry of
Information Act,
2005 Personnel, Public Grievances and Pensions, https://pib.gov.in/PressRelease
Page.aspx? PRID=1595927).

4.3.3 Removal of the CIC or IC

Section 14 (1) provides, subject to the provisions of sub-section (3), “the
Chief Information Commissioner or any Information Commissioner shall be
removed from his office only by order of the President on the ground of
proved misbehaviour or incapacity after the Supreme Court, on a reference
made to it by the President, has, on inquiry, reported that the Chief
Information Commissioner or any Information Commissioner, as the case
may be, ought on such ground be removed”.

Sub-section (3) states, “Notwithstanding anything contained in Sub-section

(1), the President may by order remove from office the Chief Information
Commissioner or any Information Commissioner if the Chief Information
Commissioner, or a Information Commissioner, as the case may be–

a) is adjudged an insolvent; or
b) has been convicted of an offence which, in the opinion of the President,
involves moral turpitude; or
c) engages during his term of office in any paid employment outside the
duties of his office; or
d) is, in the opinion of the President, unfit to continue in office by reason of
infirmity of mind or body; or
e) has acquired such financial or other interest as is likely to affect
prejudicially his functions as the Chief Information Commissioner or a
Information Commissioner”.

It is not out of place to mention here, “if Chief Information Commissioner or

Information Commissioner in any way, concerned or interested in any
contract or agreement made by or on behalf of the Government of India or
participates in any way in the profit thereof or in any benefit or emolument
arising therefrom otherwise than as a member and in common with the other
members of an incorporated company, he shall be deemed to be guilty of
misbehaviour” [Section 14(4)].

4.3.4 Suspension of the CIC or IC

The power has been conferred upon President of India by Section 14(2) “to
suspend from office and if deemed necessary also to prohibit from attending
the office during the inquiry, the Chief Information Commissioner or
Information Commissioner in respect of whom a reference has been made to
78 the Supreme Court [regarding misbehaviour or incapacity under sub-section


(1)] until the President has passed orders on receipt of the report of the The Central
Information
Supreme Court on such reference”. However, during suspension of such Commission
Commissioner, s/he shall be entitled to the pay and allowances, i.e.,
subsistence allowance as allowed to a Government servant during the period
of suspension subject to final order to be passed after the inquiry.

Check Your Progress 2

Note: i) Use the space given below for your answers.

ii) Check your answers with those given at the end of the Unit.
1) Write a note on the constitution of Central Information Commission.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
2) Discuss the terms and conditions of service of the members of Central
Information Commission. What changes have been brought by the RTI
(Amendment) Act of 2019?
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
3) Enumerate provisions regarding removal and suspension of the members
of Central Information Commission.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………

4.4 THE CIC: POWERS AND FUNCTIONS

Chapter V of the RTI Act, 2005, Sections 18-20 describe the power and
functions of the CIC, its right to receive appeals and impose penalties.
Chapter VI, Section 25 provides for monitoring of all Central Public
Authorities by the CIC and reporting about implementation of the provisions 79

 
The Right to of Act before the Parliament. Now, let us discuss in detail powers and
Information Act,
2005 functions of the CIC–

4.4.1 Power to Receive and Inquire into Complaint

Section 18 (1) empowers the CIC to receive and inquire into a complaint
from any person in the following circumstances:

a) When an appellant is unable to submit his/her RTI application since no

PIO or APIO are appointed, or they refuse to take the RTI application.
b) When information is denied by the PIO.
c) When information has not been provided in the time limit provided.
d) Where fee in excess of that specified in the rules is being charged.
e) When an appellant has been given incomplete, misleading or false
information.
f) In any other matter like noncompliance of Section 4.

Under sub-section (2), where the Central Information Commission is satisfied

that there are reasonable grounds to inquire into the matter; it may initiate an
inquiry in respect thereof.

Powers of a Civil Court

Sub-section (3) confers the powers of a civil court. It states that while
inquiring into any matter under this Section, the Central Information
Commission shall have the same powers as are vested in a civil court while
trying a suit under the Code of Civil Procedure, 1908, in respect of the
following matters, namely:

a) Summoning and enforcing the attendance of persons and compelling

them to give oral or written evidence on oath and to produce the
documents or things;
b) requiring the discovery and inspection of documents;
c) receiving evidence on affidavit;
d) requisitioning any public record or copies thereof from any court or
office;
e) issuing summons for examination of witnesses or documents; and
f) any other matter, which may be prescribed.

Access to Records

Sub-section (4) states that, notwithstanding anything inconsistent contained

in any other Act of Parliament, during the inquiry of any complaint under
80 this Act, the Central Information Commission may examine any record to


which this Act applies, which is under the control of the public authority, and The Central
Information
no such record may be withheld from it on any grounds. This clearly lays Commission
down that no record can be denied to the Commission.

4.4.2 Appellate Jurisdiction of the Commission

The RTI regime constructs two tier mechanisms for appeal. Section 19
bestows the power of entertaining appeal to the Commission. The Central
Information Commission (Appeal Procedure) Rules, were notified in 2005.
These Rules contain contents of appeal, documents to be attached with appeal
and procedure in deciding appeal. Section 19 (1) provides that any person
who does not receive a decision within the time specified or is aggrieved by a
decision of the Central Public Information Officer, may prefer first appeal,
within thirty days from the expiry of such period or from the receipt of such a
decision, to such officer who is senior in rank to the Central Public
Information Officer. Proviso to Section 19 (1) states that such officer may
admit the appeal even after the expiry of the period of thirty days, if he or she
is satisfied that the appellant was prevented from filing the appeal in time due
to some sufficient cause.

Under Section 19 (2), where an appeal is filed by third party, against an order
made by a Central Public Information Officer under Section 11 to disclose
third party information, the appeal by the concerned third party shall be made
within thirty days from the date of the order.

Disposal of First Appeal

The first appeal under sub-section (1) or (2) must be disposed of within 30
days or such extended period not exceeding a total of 45 days from the date
of filing, with reasons to be recorded in writing.

Government of India Decision on Disposal of First Appeal

An office memorandum (O.M.) was issued on 9th July, 2007, “if CPIO does
not implement the order passed by appellate authority and intervention of
higher authority is required, the appellate authority should bring the matter to
the notice of the officer in the public authority competent to take action
against the CPIO. Such competent officer shall take necessary action so as to
ensure implementation of the provisions of the RTI Act” (Disposal of first
appeals under the RTI Act, 2005, Department of Personal and Training, No.
10/23/2007-IR, Dt 9th July 2007).

Second Appeal

As per Section 19 (3), if the appellant is not satisfied with the decision of the
first appellate authority, s/he should file a second appeal to the Information
Commission within 90 days from the date on which the decision should have
81

 
The Right to been made or was actually received, with the Central Information
Information Act,
2005 Commission. Provided that the Central Information Commission may admit
the appeal after the expiry of the period of ninety days, if it is satisfied that
the appellant was prevented by sufficient cause from filing the appeal in time.

(4) If the decision of the Central Public Information Officer, against which an
appeal is preferred relates to information of a third party, the Central
Information Commission, shall give a reasonable opportunity of being heard
to that third party.

(5) In any appeal proceedings, the onus to prove that a denial of a request was
justified shall be on the Central Public Information Officer, who denied the
request.

It is to be noted that no time limit is specified in the Act for the disposal of
second appeal. Deciding appeals under the RTI Act is a quasi-judicial
function of the CIC. Hence “Appellate Authority should ensure that justice is
not only done but it should also appear to have been done”.

Sub-section (7) declares that the decision of CIC shall be binding. The final
level of review is an appeal to the judiciary.

Section 19 (8) provides that the Central Information Commission (CIC) has
the power to —

a) require the public authority to take any such steps as may be necessary to
secure compliance with the provisions of this Act, including —
i) by providing access to information, if so requested, in a particular
form;
ii) by appointing a Central Public Information Officer or State Public
Information Officer, as the case may be;
iii) by publishing certain information or categories of information;
iv) by making necessary changes to its practices in relation to the
maintenance, management and destruction of records;
v) by enhancing the provision of training on the right to information for
its officials;
vi) by providing it with an annual report in compliance with Clause (b)
of Sub-section (1) of Section 4;
b) require the public authority to compensate the complainant for any loss
or other detriment suffered;
c) impose any of the penalties provided under this Act;
d) reject the application.
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Under Section 19 (9), the Central Information Commission is required to The Central
Information
give notice of its decision, including any right of appeal, to the Commission
complainant and the public authority.
Section 19 (10) mandates that the Central Information Commission shall
decide the appeal in accordance with such procedure as may be
prescribed under the Act.

4.4.3 Power to Impose Penalty

Under Section 20, the Commission is responsible for the implementation and
effectiveness of the RTI Act. If the PIO has without reasonable cause:

i) Refused to receive an application for information or

ii) has not furnished information within the time specified under sub-section
(1) of Section 7 or
iii) malafide denial of request for information or
iv) knowingly given incorrect, incomplete or misleading information or
v) destroyed information, which was the subject of the request or obstructed
in any manner in furnishing the information,

The Commission shall impose a penalty of Rs. 250/- each day till application
is received or information is furnished. However, the total amount of such
penalty shall not exceed Rs. 25,000/-. Only the Commission has the authority
to impose penalty. This must be done after giving the PIO an opportunity of
hearing to defend his/her actions. The onus of proving that s/he had acted in a
reasonable and responsible manner is on the PIO.

Sub-section (2) provides, if there is persistent default by a PIO, the

Commission has the power to recommend disciplinary action against the
defaulting officer. However, since it is a recommendatory power, it is up to
the public authority to take action within the service rules applicable.

4.4.4 Power of Monitoring and Reporting

Under Section 25 of the Act, the CIC exercises its jurisdiction over all
Central Public Authorities. It invites online quarterly returns from the Public
Authorities (PAs) in a prescribed proforma (Section 25(3), RTI Act, 2005), to
fulfill its mandate of preparation and forwarding of the Annual Report to
Appropriate Government (https://cic.gov.in/reports/37). For this purpose, all
PAs, as defined under Section 2(h) of the Right to Information Act, 2005, are
required to be registered with the Commission. As per Section 25 of the RTI
Act, 2005, there is a legal requirement for the PAs to submit Quarterly
Returns to the Commission. Due to efforts made by the Commission, 97.17%
PAs have submitted all the four Quarterly Returns during the reporting year
of 2019-20 (Annual Report 2019-20, available at https://cic.gov.in/reports/37). 83

 
The Right to The CIC may also suggest measures for improving the functioning of the
Information Act,
2005 public authorities in conformity with the provisions and spirit of the Act
(Section 25 (5), RTI Act, 2005).

4.5 LANDMARK JUDGMENTS OF THE CIC

x Political Parties Come Under the Ambit of the RTI Act
Landmark judgement that brought political parties under the ambit of the
RTI Act was delivered by the Central Information Commission on 3rd
June, 2013. Full bench consisting of Shri. Satyananda Mishra and
Information Commissioners Shri. M.L. Sharma and Smt. Annapurna
Dixit delivered this judgement (Mr.Anil Bairwal vs Parliament of India).
The order was issued to adjudicate the RTI applications filed by Shri S.
C. Agarwal and Shri Anil Bairwal of the Association for Democratic
Rights (ADR) in 2011.The RTI application was filed to bring six
national level political parties under the purview of the transparency law.
The parties were: 1. Indian National Congress /All India Congress
Committee (AICC), 2. Bhartiya Janata Party (BJP), 3. Communist Party
of India (Marxist) [CPI(M)], 4. Communist Party of India (CPI), 5.
Nationalist Congress Party (NCP) and 6. Bahujan Samaj Party (BSP).
The CIC in its historic order stated, “We have, no hesitation in
concluding that INC/AICC, BJP, CPI (M), CPI, NCP and BSP have been
substantially financed by the Central Government and, therefore, they
are held to be public authorities under Section 2(h) of the RTI Act”.
On 21st November, 2014 a show cause notice was issued to the political
parties by the Commission on the non-compliance of their 3rd June, 2013
order and then on 28th November, 2014, it issued an interim order to six
political parties to appear before the Commission for a hearing. But the
political parties did not appear.
On 16th Macrh, 2015, the CIC again issued an order of non-compliance
with respect to the political parties and stated that the order of 3rd June,
2013 was final and binding. Finally, the ADR filed a PIL on 19th May,
2015 in the Supreme Court to bring the political parties within the ambit
of the RTI and the case is still pending in the apex court.
x CBI cannot claim exemption under Second Schedule of the RTI Act
In a landmark judgment (SS Ranawat v. Ashwani Kumar, CPIO & SSP
(HQ)), the CIC ruled, “Since CBI is an investigation agency, it cannot
claim exemption under Second Schedule of the RTI Act meant for
intelligence or security organisation”. “The Central Information
Commission (CIC), while allowing a complaint, directed the Central
Public Information Officer (CPIO) and Senior Superintendent of Police
84 (SSP) at the headquarters of Central Bureau of Investigation (CBI) to


provide complete information on appointment of its Director. The CIC The Central
Information
also directed the PIO and Assistant Inspector General (AIG) to provide Commission
the details of movable and immovable property of existing CBI officials
working in Delhi and Mumbai. The CPIO had claimed exemption by
citing a notification issued by the Department of Personnel and Training
(DoPT) that included CBI in the Second Schedule the Right to
Information (RTI) Act”.
While giving this judgment on 4th July, 2011, the then Central
Information Commissioner said, “Springing such a Notification to shroud
CBI with an armour of opacity without giving any reasons, is violative of
the promise made by the Parliament in Section 4(1)(d) of the RTI Act.
Since no reasons have been advanced, citizens are likely to deduce that
the purpose of including CBI in the Second Schedule was to curb
transparency and accountability from the investigations of several
corruption cases against high-ranking Government officers”.
x Whether Chief Justice of India is Public Authority under the RTI
Act?
In 2007, an RTI application was filed with the Supreme Court asking
among other things, whether the Supreme Court and the High Court
Judges are submitting information about their assets to their respective
Chief Justices. The application was dismissed by the CPIO. In this case,
the CIC has directed the CPIO to provide the information. The aggrieved
CPIO, Supreme Court, filed an appeal in High Court of Delhi, where a
single judge in case of the Supreme Court of India v. Subhash Chandra
Agarwal stated that the CJI is a Public Authority. However, the CPIO
filed an appeal against the single bench decision. The larger bench of the
High Court in its decision in January 2010 confirmed that the CJI is a
public authority and the RTI Act covers the office of the CJI.
x Showing of Evaluated Answer Sheets
In the case of Laxmikanta Giri v. PIO, Council for Indian School
Certificate Examinations (CIC/SA/A/2015/001554, Decided on:
23.01.2017). The appellant filed the RTI application seeking scanned
answer sheets of all six subjects attempted by his son Kaushik Kumar
Giri in the Council for Indian School Certificate Examinations (CISCE)
for 2014-15. The Central Public Information Officer (CPIO) claimed that
CISCE was not “public authority” under the RTI Act. The First
Appellate Authority (FAA) upheld the order of the CPIO. The appellant
approached the Commission. Contention of CISCE was that they are not
public authority and hence they are under no obligation to share the
information.

85

 
The Right to The CIC observation was, “...the CISCE is a regulatory body of
Information Act,
2005 thousands of schools spread over various states and discharging
regulatory duties similar to those of CBSE. The Commission directed the
respondent authority to provide certified copies of answer sheets as
sought by the appellant”. The CIC relied on the landmark judgment of
the Supreme Court in CBSE v Aditya Bandopadhyay & Ors, (2011 (8)
SCC 497) finally settling principle on sharing the answer sheets of the
candidates in the interest of protecting the standards of education through
transparency. As per the landmark judgment of the Hon’ble Supreme
Court, “the evaluated answer-books of an examinee writing a public
examination conducted by statutory bodies like CBSE or any University
or Board of Secondary Education, being a ‘document, manuscript
record, and opinion’ fell within the definition of “information” as
defined in section 2(f) of the RTI Act. It held that the provisions of the
RTI Act should be interpreted in a manner which would lead towards
dissemination of information rather than withholding the same; and in
view of the right to information, the examining bodies were bound to
provide inspection of evaluated answer books to the examinees.
Consequently, it directed the CBSE to grant inspection of the answer
books to the examinees who sought information”. The Supreme court
further held, “an examining body does not hold the evaluated answer-
books in a fiduciary relationship. Not being information available to an
examining body in its fiduciary relationship, the exemption under Section
8(1)(e) is not available to the examining bodies with reference to
evaluated answer-books. As no other exemption under Section 8 is
available in respect of evaluated answer books, the examining bodies
will have to permit inspection sought by the examinees”.
x Information about illegal/legal migrants
In an important decision (Utpal Kumar Roy vs PIO, MHA), “the Central
Information Commission directed the Home Ministry to give clear and
categorical information to an RTI applicant who sought copies of
records/data pertaining to illegal/legal migrants.
The Commission was considering a Second Appeal filed by one RTI
applicant Utpal Kumar Roy, who in his RTI application sought copies of
file noting and records in relation to illegal migrants, especially in West
Bengal. He approached the Commission contending that the MHA
instead of giving specific/desired information transferred his RTI
application to multiple Public Authorities. The Chief Information
Commissioner Y. K. Sinha also advised the Ministry to maintain a
“consolidated record/database regarding identified legal/illegal migrants,
in the national interest”.

86


x Wife Can Seek Information About Husband's Income Under the The Central
Information
RTI Commission

In a significant order, “the Central Information Commission partly

allowed a wife's appeal, seeking information about her husband’s
income under the Right to Information Act, 2005. The Information
Commissioner, Neeraj Kumar Gupta, while relying on certain High
Court orders where it was held that a wife is entitled to know what
remuneration her husband is getting, directed the Income Tax Authority
to provide the Appellant with ‘generic details’ of the net income of her
husband.” The Commission, however, denied Appellant's request
seeking photocopies of income-tax returns filed by her husband. It held,
“the information sought by the appellant regarding copies of income tax
returns of her husband, etc. is personal information of third party, which
cannot be disclosed under Section 8(1)(j) of the RTI Act” (Rahmat Bano
v. CPIO).
x Husband Cannot Demand Bank Details of his Wife
However, in another case, Pawan Kumar Saluja v. Income Tax,
analysing factual matrix, the CIC held, “the appellant is not entitled to
seek information regarding bank details and income tax returns of his
wife which is exempted u/Section 8(1)(j) of the RTI Act, 2005”.
The Information Commissioner stated, “the filing of the Income Tax
Returns by an individual with the Income Tax Department is not a public
activity”. It is in the nature of an obligation which a citizen owes to the
State viz. to pay his taxes, this information cannot be disclosed to the
applicant in the absence of any larger public interest".
x On Implementation of the RTI in True Spirit
In the instant case, an order was passed by the CIC, Bimal Julka, in the
second appeal preferred against the Department of Legal Affairs, over its
failure to disclose the information sought by the Appellant regarding the
names of Advocates appointed by the Department of Legal Affairs for
the Ministry of Culture with respect to matters before the High Court of
Delhi. Noting the issue of “multiple transfers” of the RTI application, the
Commission was “pained to observe that the Department of Legal
Affairs which was the department concerned with advising the Ministries
on legal matters and formulation of Rules and Regulations and its
interpretation for various Government bodies, faulted in recognising the
basic issues pertaining to the RTI Act, 2005 which was meant for
dissemination of information to a common man” (Chandranshu Mehta v.
CPIO & ALA Ministry of Law & Justice & Anr). The Commission
remarked, “it is the statutory duty of the CPIO to provide clear, cogent
and precise response to the information seekers.” If “there is complete
87

 
The Right to negligence and laxity in dealing with the RTI applications…it reflects
Information Act,
2005 disrespect towards the RTI Act, 2005 itself”.
The Central Information Commission also instructed the authority to
convene periodic conferences/ seminars to sensitise and educate its
officials and ensure that they discharge their duties, effectively.

Check Your Progress 2

Note: i) Use the space given below for your answers.

ii) Check your answers with those given at the end of the Unit.
1) Analyse the powers of Central Information Commission to receive
complaints and impose penalties.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
2) Write a detailed note on appellate jurisdiction of the Central Information
Commission.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
3) Write a note on any leading case decided by the Central Information
Commission.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
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The Central
4.6 CONCLUSION Information
Commission
The Central Information Commission was constituted in 2005. The
jurisdiction of the Commission extends over all Central Public Authorities.
The Commission has certain powers and functions mentioned in Sections 18,
19, 20 and 25 of the RTI Act, 2005. These broadly relate to adjudication
in second appeal for giving information, direction for record keeping, suo
motu disclosures, receiving and enquiring into a complaint on inability to file
the RTI, imposition of penalties and monitoring and reporting including
preparation of an Annual Report. The decisions of the Commission are final
and binding.

The Annual Reports from 2005 onwards are available on its website. In its
report, the CIC presents some key information about the disposal of RTI
requests by Public Authorities (PAs), such as number of registered PAs with
the Commission, opening balance of RTI requests, number of RTI requests
received during reporting year, number of RTI requests rejected and
percentage of rejection of RTI requests. In recent years, the CIC has
improved its performance. A significant downward trend has been noticed in
the rejection of RTI requests by the PAs. In the year 2019-20, 13,74,315
requests were received. During the reporting year, a total of 1,52,354 first
appeals were filed under Section 19 (1) of the RTI Act, 2005 out of which
96,812 (i.e.63.54%) were disposed of by the designated Appellate
Authorities.

To facilitate reporting of pendency and disposal figures on real time basis,

the system has been modified. This has resulted in automatic generation of
opening balances of pending cases. This includes figures on registration,
disposal and closing balance of cases at the end of a particular reference
period. The system now generates expandable hyperlink for details of the
cases in all four categories i.e. opening balance, registration, disposal and
closing balance. Particulars of file number, name of appellant/complainant,
PA, date of registration, date of hearing and the date of disposal are shown
against each of the above categories. The details can be seen under the
hyperlink at www.cic.gov.in.

For efficient working of the CIC, the provisions of RTI Act should be
enforced strictly and all efforts should be made to bring to light the necessary
information under Clause (b) of Section 4 (1) of the Act, which relates to
securing transparency and accountability in the working of public authorities
and in discouraging corruption. This will also reduce number of filing of
requests for RTI as well as complaints and appeals.

89

 
The Right to
Information Act,
4.7 GLOSSARY
2005
Appellate Jurisdiction: It refers to the power of an appellate court (higher
court) to review, amend and overrule the decisions of a trial court or lower
courts in India.

4.8 REFERENCES
Awasthi, S. K. (2008). The Right to Information Act, 2005. Allahabad, India:
Dwivedi Law Agency.

Barowalia, J.N. (2006). Commentary on the Right to Information Act, 2005.

Delhi, India: Universal Law Publishing.

Chandranshu Mehta v. CPIO & ALA Ministry of Law & Justice & Anr.
CIC/MCULT/A/2019/112562/DOLAF-BJ. Retrieved from livelaw.in/news-
updates/pained-to-observe-that-dept-of-legal-affairs-which-advises-
ministries-on-legal-matters-faulted-in-recognising-the-basic-issues-
pertaining-to-rti-act-cic-read-order-160008

Das, P.K. (2005). The Right to Information Act, 2005. Delhi, India:
Universal Law Publishing Co. Pvt. Ltd.

Gandhi, S. & Kachare, P. (2016). RTI Act, Authentic Interpretation of the

Statute. Mumbai, India: Vakils, Feffer, and Simons Pvt Ltd.

Goel, S.L. (2007). Right to Information and Good Governance. New Delhi,
India: Deep & Deep Publications Pvt. Limited.

Jogarao, S.V. (2011). Law Relating to Right to Information: A

Comprehensive and Insightful Commentary with Comparative Perspectives.
New Delhi, India: Pentagon Press.

Joshi, A.S. & Gupta, A.D. (2001). Your Right to Information. New Delhi,
India: Commonwealth Human Rights Initiative.

Mr. Anil Bairwal vs Parliament of India on 3 June, 2013, File No.

CIC/SM/C/001386: Retrieved from https://adrindia.org/content/political-
parties-come-under-rti-landmark-judgement-cic

Muthuswamy, Brinda, & Sanjeev. (2020). Swamy’s Compilation on Right to

Information-Act, Rules, Orders and Guides. Chennai, India: Swamy
Publishers Pvt Ltd.

Rahmat Bano v. CPIO, Income Tax, Second Appeal No.

CIC/CCITJ/A/2019/108747. Retrieved from https://www.livelaw.in/news-
updates/wife-can-seek-information-about-husbands-income-under-right-to-
information-act-cic-166125
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Srivastava, A.B. (2006). Right to Information Laws in India. Allahabad, The Central
Information
India: Law Publisher (India) Pvt. Ltd. Commission

Sudhir, N. (2011). Right to Information Act, 2005. Mumbai, India: Oxford

University Press.

Taxmann’s Bare Act. (2020). Right to Information Act, 2005. New Delhi,
India: Taxmann.

Utpal Kumar Roy vs PIO, MHA, Second Appeal No. CIC/MHOME/

A/2018/164984. Retrieved from https://www.livelaw.in/rti/cic-illegal-
migrants-database-home-ministry-168817

Yadav, A.S. (2012). The Right to Information Act, 2005, An Analysis.

Allahabad, India: Central Law Publications.

4.9 ANSWERS TO CHECK YOUR PROGRESS

EXERCISES
Check Your Progress 1

1) Your answer should include the following points:

x The Central Information Commission was established in October
2005 under Section 12 of the RTI Act, 2005, through the Central
Government Notification in the Official Gazette. For provisions
relating to appointment, qualification and management of the CIC.
Refer Section 4.2 of the Unit.
2) Your answer should include the following points:
x Discuss the terms and conditions of members of the Central
Information Commission with the help of Section 4.3 of the present
Unit. The RTI (Amendment) Act of 2019 has brought drastic change
in terms and conditions of the service of CIC members. The RTI
Rules, 2019 were also made w.e.f. 24th October, 2019 in pursuance of
the RTI (Amendment) Act, 2019. The rules are of administrative
nature only, now the CIC members will be under direct control of the
Central Government. Refer to Unit 3 of the Course too.
3) Your answer should include the following points:
x Refer Section 4.3 of this Unit.

Check Your Progress 2

1) Your answer should include the following points:

x Refer Section 4.4 (4.4.1 and 4.4.3) of this Unit.

91

 
The Right to 2) Your answer should include the following points:
Information Act,
2005 x Section 19 provides for the appellate jurisdiction of the Commission.
Any person who does not receive a decision within the time specified
or is aggrieved by a decision of the CPIO, may prefer first appeal. If
the appellant is not satisfied with the decision of the first appellate
authority, s/he can file a second appeal in the CIC. Refer Section 4.4.2
of this Unit.
3) Your answer should include the following points:
x Refer Section 4.5 of the Unit, and see the official website of CIC for
more details.

92


 The State
UNIT 5 THE STATE INFORMATION Information
Commission
COMMISSION*

Structure

5.0 Objectives
5.1 Introduction
5.2 The State Information Commission
5.3 Term of Office and Conditions of Service
5.4 The SIC: Powers and Functions
5.4.1 Power to Receive and Inquire into Complaint

5.4.2 Appellate Jurisdiction of the Commission

5.4.3 Power to Impose Penalty

5.4.4 Power of Monitoring and Reporting

5.5 Appraisal
5.6 Conclusion
5.7 Glossary
5.8 References
5.9 Answers to Check Your Progress Exercises

5.0 OBJECTIVES
After studying this Unit, you should be able to:

x Describe the structure of SIC;

x Explain the procedure and working of SIC and its officials;
x Analyse the functions and powers of SIC; and
x Assess and compare the performance of SICs of different States.

5.1 INTRODUCTION
We, the people of India, resolved to constitute India into a democratic
society. A true democracy can only exist, when all the citizens have a right to
participate in the affairs of the governance of the country. Even this right to
participation is not worthy, unless citizens have the right to information in
respect of all the issues concerning them. One sided information,

Ύ
Contributed by Prof. (Dr) Preeti Misra, Head, Department of Human Rights, School of
Legal Studies, Babasaheb Bhimrao Ambedkar University, Lucknow, Uttar Pradesh.
93

 
The Right to disinformation, misinformation and non-information, all contribute to create
Information Act,
2005 misinformed citizenry. A democracy is not true democracy where source of
information is monopolised and views expressed are controlled by the
government machinery. In our country, still people are poor and illiterate, not
having access to even basic necessities of life. They cannot afford print
media, what to say of electronic media. They constitute uninformed citizenry
of India. In today’s world, the right to information is one of our basic needs.
For the sustenance of life, information regarding policies and programmes of
the Government is must. Many social movements started in India for the right
to information at the grassroots level, inquiring daily earnings of labourers
working in the Government schemes and programmes. The right to work and
right to minimum wages could get enforced through right to information
only. In such a scenario, the responsibility of the authorities who are
entrusted with the duty of implementation of the RTI Act, 2005, becomes of
paramount importance.

One of the important objects of the RTI Act is “establishment of appellate

machinery” of the Central Information Commission (CIC) at the central level
and State Information Commission (SIC) at the state level, to monitor and
review the decisions of Public Information Officers. In Unit 4, we had
discussed about the Central Information Commission. In this Unit 5, we will
discuss constitution, powers and functions of the State Information
Commission (SIC) in detail. We will also analyse functions and activities of
some selected State Information Commissions.

5.2 THE STATE INFORMATION COMMISSION

“State Information Commission” means the State Information Commission
constituted under sub-section (1) of Section 15 of the RTI Act, 2005. Sections
15 to17 of the Act provide for the constitution, terms and conditions of
service and removal of the State Chief Information Commissioner (SCIC)
and State Information Commissioners (SICs) respectively. Powers and
functions of the SIC, including power to receive appeals and impose penalty
are discussed under Sections 18-20 of the Act. Besides, the Commission is
also entrusted with the duty of monitoring the functions of public authorities
and sending report to the State legislature about the implementation of the
provisions of the Act. It may also render recommendations regarding
efficient working of the Act.

Constitution of the State Information Commission

The State Information Commission shall be a multi member body, just like
the Central Information Commission.

Section 15 (1) states that every State Government shall, by notification in the
94 Official Gazette, constitute a body to be known as the (name of the State)


Information Commission to exercise the powers conferred on, and to perform The State
Information
the functions assigned to it, under the Act. Commission

Section 15(2) stipulates that the State Information Commission shall consist
of —

a) the State Chief Information Commissioner, and

b) such number of State Information Commissioners, not exceeding ten, as
may be deemed necessary.

Appointment of the State Chief Information Commissioner (SCIC) and

Other Members

Section 15(3) states, “Governor shall appoint State Chief Information

Commissioner and the State Information Commissioners on the
recommendation of a committee”. This Committee will consist of —

i) the Chief Minister, who shall be the Chairperson of the committee;

ii) the Leader of Opposition in the Legislative Assembly; and
iii) a Cabinet Minister to be nominated by the Chief Minister.

Explanation — For the purposes of removal of doubts, it is hereby declared

that where the Leader of Opposition in the Legislative Assembly has not been
recognised as such, the Leader of the single largest group in opposition of the
Government in the Legislative Assembly shall be deemed to be the Leader of
Opposition.

Section 2 (l) of RTI Act, 2005 states, “State Chief Information

Commissioner” and “State Information Commissioner” mean the State Chief
Information Commissioner and the State Information Commissioner
appointed under sub-section (3) of Section 15.

The SIC: Superintendence, Direction and Management

Section 15(4) makes it clear that the general superintendence, direction and
management of the affairs of the State Information Commission shall vest in
the State Chief Information Commissioner who shall be assisted by the State
Information Commissioners and may exercise all such powers and do all
such acts and things, which may be exercised or done by the State
Information Commission autonomously without being subjected to directions
by any other authority under this Act.

Qualifications for Appointment of SCIC and other Members

Sub-section 5 of Section 15 lays down qualifications for the appointment of

the State Chief Information Commissioner and other State Information
Commissioners. It states that the State Chief Information Commissioner and
the State Information Commissioners shall be persons of eminence in public 95

 
The Right to life with wide knowledge and experience in law, science and technology,
Information Act,
2005 social service, management, journalism, mass media or administration and
governance.

Sub-section (6) makes it mandatory that the State Chief Information

Commissioner or a State Information Commissioner shall not be a Member
of Parliament or Member of the Legislature of any State or Union territory, as
the case may be, or hold any other office of profit or connected with any
political party or carrying on any business or pursuing any profession.

Headquarters of the SIC

Section 15(7) states, “the headquarters of the State Information Commission

(SIC) shall be notified at the place specified by the State Government in the
Official Gazette. The SIC may also establish offices at other places in the
State, with the prior approval of the State Government”.

Decision of the Government regarding Constitution of Benches

On 22nd May, 2005, the Government of India issued an office memorandum

regarding clarification on constitution of Benches by the CIC for the purpose
of hearing applications and appeals of the RTI. It stated that it has been
observed, “some State Information Commissions taking decisions on the
complaints and the appeals by constituting Benches. The Department of
Legal Affairs pointed out that the State Information Commissions could
function through Benches only if there was a specific provision in the Act
regarding constitution of Benches. The Department has further stated that
provision of Section 15(4) of the RTI Act does not empower the Chief
Information Commissioner to constitute the Benches.

In view of this legal position, the Chief Secretaries of all the States were
requested to advise the State Information Commission, “decisions on the
complaints and appeals should be taken by the State Information Commission
as defined in Section 2(k) of the RTI Act, 2005 and not by the Benches of the
Commission” (DoPT, 2009).

5.3 TERM OF OFFICE AND CONDITIONS OF

SERVICE
Section 16 of the RTI Act, 2005 provides for the term of office and
conditions of service of the Chief Information Commissioner and
Information Commissioners.

Sub-section (1) of Section 16 states, “the State Chief Information

Commissioner (SCIC) shall hold office [for such term as may be prescribed
by the Central Government] and shall not be eligible for reappointment”
96 (Ministry of Law and Justice, 2019).


Proviso to Section 16 (1) states, “no State Chief Information Commissioner The State
Information
shall hold office after the attainment sixty-five years of age”. Commission

As per sub-section (2), every State Information Commissioner (SIC) shall

hold office [for such term as may be prescribed by the Central Government],
or till the attainment of sixty-five years of age, whichever is earlier. The SIC
shall not be eligible for reappointment.

Proviso to sub-section (2) makes it clear, “after vacating his office under this
sub-section, every State Information Commissioner shall be eligible for
appointment as the State Chief Information Commissioner in the manner
specified in sub-section (3) of Section 15”.

Provided further that where the State Information Commissioner is appointed

as the State Chief Information Commissioner, his term of office shall not be
more than five years in aggregate as the State Information Commissioner and
the State Chief Information Commissioner.

Under sub-section (3), the State Chief Information Commissioner or a State

Information Commissioner, shall before he enters upon his office make and
subscribe before the Governor or some other person appointed by him in that
behalf, an oath or affirmation according to the form set out for the purpose in
the First Schedule.

Sub-section(4), states that the State Chief Information Commissioner or a

State Information Commissioner may, at any time, by writing under his hand
addressed to the Governor, resign from his office:

Provided that the State Chief Information Commissioner or a State

Information Commissioner may be removed in the manner specified under
Section 17.

Salaries and allowances payable to and other terms and conditions of service
of the SCIC and SICs. Sub-section (5) of Section 16 states, “The salaries and
allowances payable to and other terms and conditions of service of the State
Chief Information Commissioner and the State Information Commissioners
shall be prescribed by the Central Government”. This sub-section provides,
“the salaries, allowances and other conditions of service of the State Chief
Information Commissioner and the State Information Commissioners shall
not be varied to their disadvantage after their appointment”. This sub-section
further provides, “the State Chief Information Commissioner and the State
Information Commissioners appointed before the commencement of the Right
to Information (Amendment) Act, 2019 shall continue to be governed by the
provisions of this RTI Act and the rules made thereunder”.

Sub-section (6) stipulates that the State Government shall provide the State
Chief Information Commissioner and the State Information Commissioners
97

 
The Right to with such officers and employees as may be necessary for the efficient
Information Act,
2005 performance of their functions under this Act, and the salaries and allowances
payable to and the terms and conditions of service of the officers and other
employees appointed for the purpose of this Act shall be such as may be
prescribed.

Term of office and conditions of service

The RTI Amendment Act, 2019 changed the “terms and conditions of service
of the State Chief Information Commissioner (SCIC) and State Information
Commissioners (SICs)” by amending Section 16 of the RTI Act, 2005. Table
5.1 shows the comparative provisions of the Act of 2005 and 2019.

Table 5.1: Comparison of the provisions of the Right to Information

Act, 2005 and the Right to Information (Amendment) Act, 2019 w.e.f. 1st
August 2019

The RTI (Amendment)

Provision The RTI Act, 2005
Act, 2019
The Chief Information The Act removes this
Commissioner and Information provision and states that
S. 16
Commissioners at the state level the central government will
Term of
will hold office for a term of five notify the terms of office
Appointment
years or up to the age of 65 years, for the CIC and the ICs at
whichever is earlier. the State Level
The Act removes these
The salary of the CIC and ICs at provisions and states that
the state level will be equivalent the salaries, allowances,
Quantum of to the salary paid to the Election and other terms and
Salary Commissioners and the Chief conditions of service of the
Secretary to the state government, State CIC and ICs will be
respectively. determined by the Central
Government.
The Act states that at the time of
appointment of the CIC and ICs
(at the central and state levels), if
they are receiving pension or any
other retirement benefits for The Act removes these
Deductions
previous government service, provisions.
in Salary
their salaries will be reduced by
an amount equal to the pension.
Previous government service
includes service under: (i) the
98 central government, (ii) state


The State
government, (iii) corporation Information
established under a central or state Commission

law, and (iv) company owned or

controlled by the central or state
government.

Statement of Objects and Reasons of the RTI (Amendment) Bill, 2019

“While introducing RTI (Amendment) Bill, 2019 in the Lok Sabha, the
Government pointed out that the functions of Election Commission of India
and the Central and State Information Commissions are totally different. The
Election Commission is a constitutional body established by Clause (1) of
Article 324 of the Constitution, whereas the Central Information Commission
and State Information Commissions are statutory bodies established under
the provisions of the Right to Information Act, 2005. Therefore, the mandate
of Election Commission of India and Central and State Information
Commissions are different. Hence, their status and service conditions need to
be rationalised accordingly” (RTI Amendment Bill, 2019).

The Right to Information Rules, 2019

“The Right To Information (Term of Office, Salaries, Allowances and Other

Terms and Conditions of Service of Chief Information Commissioner,
Information Commissioners in the Central Information Commission, State
Chief Information Commissioner and State Information Commissioners in the
State Information Commission) Rules, 2019” were framed in pursuance of
the RTI (Amendment) Act, 2019. In a press release, the Government stated,
“The rules are of administrative nature and pertain to the internal
administration of the concerned organisation only. These Rules do not in any
way affect the citizens”. The Right To Information or obligations of Public
Authorities and Public Information Officers given in Chapter II of the RTI
Act inter-alia, the powers and functions of the Information Commissions stay
undiluted as the relevant provisions remain unaltered. Nor are the
independence and autonomy of these institutions affected in any way”
(Ministry of Personnel, Public Grievances & Pensions, 2019).

Removal of the SCIC and SICs

Section 17 (1) states, subject to the provisions of sub-section (3), the State
Chief Information Commissioner or a State Information Commissioner shall
be removed from his office by order of the Governor on the ground of proved
misbehaviour or incapacity after the Supreme Court, on a reference made to
it by the Governor, has on inquiry, reported that the State Chief Information
Commissioner or a State Information Commissioner, as the case may be,
ought on such ground be removed. 99

 
The Right to Sub-section (3) states, “notwithstanding anything contained in sub-section
Information Act,
2005 (1), the Governor may by order, remove from office the State Chief
Information Commissioner or a State Information Commissioner, “if a State
Chief Information Commissioner or a State Information Commissioner- (a) is
adjudged an insolvent; or (b) has been convicted of an offence which, in the
opinion of the Governor, involves moral turpitude; or (c) engages during his
term of office in any paid employment outside the duties of his office; or (d)
is, in the opinion of the Governor, unfit to continue in office by reason of
infirmity of mind or body; or (e) has acquired such financial or other interest
as is likely to affect prejudicially his functions as the State Chief Information
Commissioner or a State Information Commissioner”.

Sub-section (4) states, “if the State Chief Information Commissioner or a

State Information Commissioner in any way, concerned or interested in any
contract or agreement made by or on behalf of the Government of the State or
participates in any way in the profit thereof or in any benefit or emoluments
arising there from otherwise than as a member and in common with the other
members of an incorporated company, he shall be deemed to be guilty of
misbehaviour for the purposes of sub-section (1)”.

Suspension of the SCIC or SICs

The power of suspension has been conferred on the Governor under Section
17 (2). The Governor may suspend the State Chief Information
Commissioner or a State Information Commissioner from the office, and if
deem necessary prohibit also from attending the office during inquiry, in
respect of whom a reference has been made to the Supreme Court under sub-
section (1) until the Governor has passed orders on receipt of the report of the
Supreme Court on such reference. However, during suspension of such
Commissioner, s/he shall be entitled to the pay and allowances, i.e.,
subsistence allowance as allowed to a Government servant during the period
of suspension subject to final order to be passed after the inquiry.

Check Your Progress 1

Note: i) Use the space given below for your answers.

ii) Check your answers with those given at the end of the Unit.
1) Write a note on the Constitution of State Information Commission.
Whether the SIC can constitute extra benches for the hearing of
complaints and appeals?
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
100 ……………………………………………………………………………


2) Discuss the term of Office and Service conditions of the members of The State
Information
State Information Commission. In this regard what changes have been Commission
brought by the RTI (Amendment) Act and Rules of 2019?
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
3) What are the provisions regarding removal and suspension of members
of the State Information Commission.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………

5.4 THE SIC: POWERS AND FUNCTIONS

Chapter V of the RTI Act, 2005, Sections 18-20 describe the powers and
functions of the SIC, its right to receive appeals and impose penalties.
Chapter VI, Section 25 provides for monitoring and reporting about
implementation of the provisions of the Act before each House of the State
Legislature, where there are two Houses; and where there is one House of the
State Legislature, before that House. Now, let us discuss in detail, powers and
functions of the SIC.

5.4.1 Power to Receive and Inquire into Complaint

Section 18 (1) empowers the SIC to receive and inquire into a complaint
from any person in the following circumstances:

a) who has been unable to submit a request to a State Public Information

Officer, either by reason that no such officer has been appointed under
this Act, or because the State Assistant Public Information Officer, has
refused to accept his or her application for information or appeal under
this Act for forwarding the same to the State Public Information Officer
or senior officer specified in sub-section (1) of Section 19 or to the State
Information Commission;
b) who has been refused access to any information requested under this Act;

101

 
The Right to c) who has not been given a response to a request for information or access
Information Act,
2005 to information within the time limit specified under this Act;
d) who has been required to pay an amount of fee, which s/he considers
unreasonable;
e) who believes that s/he has been given incomplete, misleading or false
information under this Act; and
f) in respect of any other matter relating to requesting or obtaining access
to records under this Act.

Under sub-section (2), where the State Information Commission is satisfied

that there are reasonable grounds to inquire into the matter, it may initiate an
inquiry in respect thereof.

Powers of a Civil Court

Sub-section (3) confers the powers of a civil court to the SIC. It states that
while inquiring into any matter under this Section, the State Information
Commission shall have the same powers as are vested in a civil court while
trying a suit under the Code of Civil Procedure,1908, in respect of the
following matters, namely:

a) Summoning and enforcing the attendance of persons and compelling

them to give oral or written evidence on oath and to produce the
documents or things;
b) requiring the discovery and inspection of documents;
c) receiving evidence on affidavit;
d) requisitioning any public record or copies thereof from any court or
office;
e) issuing summons for examination of witnesses or documents; and
f) any other matter, which may be prescribed.

Access to Records

Sub-section (4) states that, notwithstanding anything inconsistent contained

in any other Act of State Legislature, during the inquiry of any complaint
under this Act, the State Information Commission may examine any record to
which this Act applies, which is under the control of the public authority, and
no such record may be withheld from it on any ground. This clearly lays
down that no record can be denied to the Commission.

5.4.2 Appellate Jurisdiction of the Commission

The RTI regime constructs two tier mechanisms for appeal. Section 19
bestows the power of entertaining appeal to the Commission. Section 19 (1)
102


provides that any person who does not receive a decision within the time The State
Information
specified or is aggrieved by a decision of the State Public Information Commission
Officer, may prefer first appeal, within thirty days from the expiry of such
period or from the receipt of such a decision, to such officer who is senior in
rank to the State Public Information Officer, in each public authority. Proviso
to Section 19 (1) states that such officer may admit the appeal even after the
expiry of the period of thirty days, if s/he is satisfied that the appellant was
prevented from filing the appeal in time due to some sufficient cause.

Under Section 19 (2), where an appeal is filed by third party, against an order
made by a State Public Information Officer under Section 11 to disclose third
party information, the appeal by the concerned third party shall be made
within thirty days from the date of the order.

Disposal of First Appeal

Sub-section 6 of Section 19 states that the first appeal under sub-section (1)
or (2) must be disposed of within 30 days or such extended period not
exceeding a total of 45 days from the date of filing, with reasons to be
recorded in writing.

Second Appeal

As per Section 19 (3), if the appellant is not satisfied with the decision of the
first appellate authority, s/he should file a second appeal to the State
Information Commission within 90 days from the date on which the decision
should have been made or was actually received. It is to be noted that no time
limit is specified in the Act for the disposal of second appeal.

Proviso states, “the Central Information Commission or the State Information

Commission may admit the appeal, even after the expiry of the period of
ninety days, on the ground that the appellant was prevented by sufficient
cause from filing the appeal in time”.

Section 19 (4) states, if the decision of the State Public Information Officer,
against which an appeal is preferred relates to information of a third party,
the State Information Commission shall give a reasonable opportunity of
being heard to that third party.

As per Section 19 (5), in any appeal proceedings, the onus to prove that a
denial of a request was justified shall be on the State Public Information
Officer, who denied the request.

Sub-section (7) declares that the decision of the SIC shall be binding. The
final level of review is an appeal to the judiciary.

103

 
The Right to Deciding appeals under the RTI Act is a quasi-judicial function of the SIC.
Information Act,
2005 Hence, the Appellate Authority should ensure that justice is not only done but
it should also appear to have been done.

Section 19 (8) provides that in its decision, the State Information

Commission, has the power to –

a) require the public authority to take any such steps as may be necessary to
secure compliance with the provisions of this Act, including —
i) by providing access to information, if so requested, in a particular
form;
ii) by appointing a State Public Information Officer;
iii) by publishing certain information or categories of information;
iv) by making necessary changes to its practices in relation to the
maintenance, management and destruction of records;
v) by enhancing the provision of training on the right to information for
its officials; and
vi) by providing it with an annual report in compliance with Clause (b)
of sub-section (1) of Section 4.
b) require the public authority to compensate the complainant for any loss
or other detriment suffered.
c) impose any of the penalties provided under this Act.
d) reject the application.

Under Section 19 (9), the State Information Commission is required to give

notice of its decision, including any right of appeal, to the complainant and
the public authority.

Section 19 (10) mandates that the State Information Commission shall decide
the appeal in accordance with such procedure as may be prescribed under the
Act.

5.4.3 Power to Impose Penalty

Under Section 20, it is the responsibility of SIC to ensure implementation and
effectiveness of the RTI Act. If the PIO has without reasonable cause:

i) refused to receive an application for information or

ii) not furnished information within the time specified under sub-section (1)
of Section 7 or
iii) denied the request for information with malafide intention or
iv) knowingly given incorrect, incomplete or misleading information or
104


v) destroyed information, which was the subject of the request or obstructed The State
Information
in any manner in furnishing the information. Commission

The Commission shall impose a penalty of Rs. 250/- each day till the
application is received or information is furnished. However, the total amount
of such penalty shall not exceed Rs. 25,000/. Only the Commission has the
authority to impose penalty. This must be done after giving the PIO an
opportunity of hearing to defend his/her actions. The onus of proving that
s/he had acted in a reasonable and responsible manner is on the PIO.

Sub-section (2) provides, if there is persistent default by a SPIO, the

Commission has the power to recommend disciplinary action against the
defaulting officer. However, since it is a recommendatory power, it is up to
the public authority to take action within the service rules applicable.

5.4.4 Power of Monitoring and Reporting

Under Section 25 of the Act, the SIC exercises its jurisdiction over all State
Public Authorities. It invites online quarterly returns from the Public
Authorities (PAs) in a prescribed proforma, to fulfill its mandate of
preparation and forwarding of the Annual Report to Appropriate
Government. For this purpose, all PAs, as defined under Section 2(h) of the
Right to Information Act, 2005, are required to be registered with the
Commission. As per Section 25 of the RTI Act, 2005, there is a legal
requirement for the PAs to submit Quarterly Returns to the Commission. The
SIC may also suggest measures for improving the functioning of the public
authorities in conformity with the provisions and spirit of the Act.

5.5 APPRAISAL
Almost in all the States of India, the State Information Commission is
established with its official website linked to the Central Information
Commission displaying information about its establishment, activities for the
RTI promotion, data regarding complaints and appeals, annual reports, etc.
Here, we are discussing activities of the SICs only, for illustrative purpose.
You can visit official website of any SIC to get updates about their initiatives
for the RTI and record keeping, etc.

“JAANKARI” is a unique “Bihar Government Initiative whereby ICT

(Information, Communication and Technology) has been innovatively and
effectively employed in making Right to Information Act more broad based
and accessible to the common man by bridging the literacy and digital divide.
It is a Facilitation Centre with phone in services, which helps people generate
RTI applications and get information under the RTI Act. The system has
been designed in an “information at your doorstep” format whereby the
hassles of physical movement by the common man have been removed. 105

 
The Right to JAANKARI was set up in January 2007 and has been running successfully
Information Act,
2005 generating applications under the RTI Act for people all over Bihar. It was
recently awarded as the Best e-Governance Initiative by the Government of
India.

In Chhattisgarh, for administrative and functional clarity and convenience,

“the work has been distributed between the Chief Information Commissioner
and the Information Commissioners for disposal of all cases, appeals and
grievances pertaining to allotted districts. Video Conferencing facility is also
available at the Chhattisgarh Information Commission. This facilitates
hearing of cases by the Chief Information Commissioner and the State
Information Commissioner through video conferencing at the Commission
Office itself. Training programmes on RTI are organised at district level.
Review is done at Block level during meeting with the Public Information
Officers. Initiatives have been taken up for dissemination and publicity of the
Act at the District and State levels. Advertisement containing message from
the Chief Information Commissioner regarding Right to Information is
telecasted and broadcasted before the News Bulletin on Doordarshan and
Aakashvaani. Efforts are also taken towards sensitising the general public on
Right to Information through Doordarshan, Aakashvaani and newspapers
discussions as well as Seminars organised by various Government
Organisations from time to time” (http://www.siccg.gov.in).

The Government of Chhattisgarh has also played an important role in

effective implementation of the Right to Information Act. The State
Government has also taken measures to train the First Appellate and Public
Information officers on the provisions and implementation of the Act. Some
of the Voluntary Organisations operating in the State are also actively and
meaningfully contributing in generating public awareness regarding the Right
to Information through Seminars and forums.

For the promotion of RTI and for generating awareness amongst the masses,
“Sikkim Information Commission has produced one short documentary film
on the RTI Act with a theme song for screening in the local TV Channel
throughout the RTI week to educate the people. The telecast of the film
received immense appreciation and several queries from inquisitive
individuals mostly on filing of the RTI applications and outcomes. In 2013, a
unique Street Play was also staged under the patronage of the Commission in
association with local theatre artists in the capital city. The play highlighted
relevant topics of the RTI and helped in bringing public consciousness and
response in the implementation of the RTI Act, 2005 that guarantees the
fundamental right to the citizens” (http://www.cicsikkim.gov.in).

The project “TIC Online” is a key initiative driven by Tripura Information

Commission (TIC) and National Informatics Centre (NIC), the premier ICT
106


Organisation of the Government of India under the aegis of National e- The State
Information
Governance Plan (NeGP). This is to acquire the key benefits of ICT and Commission
deliver the RTI system over the digital network for the citizens. “TIC Online”
facilitates online filing of RTI Complaint and Appeal with the TIC that has
institutionalised the convergence of ICT with the Right to Information Act,
2005. This Portal acts as a media for a common man who is seeking
information from the government. Present gateway helps the citizen in filing
their complaint and second appeal, saving copies of draft complaint/appeal
for further review and submission and tracking the status of a case among
others.

“TIC Online” has embedded into it a 12 stage workflow that indicates the
status of Appeals/Complaints at various levels of treatment beginning from
the “Registering” the same to “Consigning the File to the Record Room”.
The module is being used for processing all the appeals/complaints filed
before the Tripura Information Commission. The module also acts as a single
source of information for all Complaints and Second Appeals”
(http://tripurarti.nic.in/).

In Orissa, the State Information Commission organises Workshop/Seminars

at District Headquarters, conducts college level debate competitions and
engages in Celebration of the RTI Month and RTI Week. Uttarakhand,
Haryana, Mizoram, and Meghalaya ICs are also doing commendable work.

Check Your Progress 2

Note: i) Use the space given below for your answers.

ii) Check your answers with those given at the end of the Unit.
1) Enumerate the powers of the State Information Commission to receive
complaints and impose penalties.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
2) Analyse the appellate jurisdiction of the State Information Commission.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
107

 
The Right to 3) Discuss in brief the role of different State Information Commissions for
Information Act,
2005 the promotion of right to information.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………

5.6 CONCLUSION
In furtherance of mandate of Section 15(1) of the RTI Act, 2005 almost in all
the States of India, the State Information Commission has been established.
The law limits the total number of Information Commissioners at ten apart
from the Chief Information Commissioner. This does not mean that since
eleven commissioner’s posts are sanctioned, all must be appointed. The Act
sets an upper limit only. The RTI law empowers Information Commission
with the powers of a civil court. It is a strong provision, which provides
suitable powers to the Information Commission for inquiring into a matter.
The Act is a major step for safeguarding the fundamental right of a citizen. If
any information is refused to be given by the public authority, it must be
justified with reasons. The fact that in case of default a Public servant is
liable to pay penalty from his salary, ensures the dignity of information
seekers. Because of this penalty provision only, the public authorities are
motivated to supply information. Thousands of PIOs have been penalised
under this provision.

The biggest lacuna in the Act is that there is no time specified for the disposal
of second appeal by the Information Commissioner. The decisions of the
Commissions are not merely recommendatory but have the force of law. The
Commission should instruct public authorities that all information, except
exempted ones, must be published suo moto. The Commission may organise
training sessions for the public authorities to put specific information in a
particular form on the website or on display boards. It may organise
workshops for the maintenance of records. E-governance should be promoted
for better output of the Commission.

5.7 GLOSSARY
Summoning: It refers to authoritatively call on (someone) to be present, as a
defendant or witness in a court of law.

NeGP: It is National e-Governance Plan (NeGP), which takes a holistic view

of e-Governance initiatives in India, integrating them into a collective vision,
108


a shared cause. It aims at improving the delivery of Government services to The State
Information
citizens and businesses. Commission

5.8 REFERENCES
Awasthi, S. K. (2008). The Right to Information Act, 2005. Allahabad, India:
Dwivedi Law Agency.

Barowalia, J.N. (2006). Commentary on the Right to Information Act, 2005.

Delhi, India: Universal Law Publishing.

Central Information Commission. Retrieved from https://cic.gov.in/

Chattigargh State Information Commission. Retrieved from

http://www.siccg.gov.in

Commonwealth Human Rights Initiative. Retrieved from

https://www.humanrightsinitiative.org/

Das, P.K. (2005). The Right to Information Act, 2005. Delhi, India:
Universal Law Publishing Co. Pvt. Ltd.

Department of Persoonel & Training. Retrieved from https://dopt.gov.in/rti/

DoPT. (2009). Clarification on constitution of Bench by Central Information

Commission (CIC). No. 1/1/2009-IR, Dt 22 May 2009. Retrieved from
http://www.rtifoundationofindia.com/dopt-circular-2009

Gandhi, S. & Kachare, P. (2016). RTI Act, Authentic Interpretation of the

Statute. Mumbai, India: Vakils, Feffer, and Simons Pvt Ltd.

Goel, S.L. (2007). Right to Information and Good Governance. New Delhi,
India: Deep & Deep Publications Pvt. Limited.

Jogarao, S.V. (2011). Law Relating to Right to Information: A

Comprehensive and Insightful Commentary with Comparative Perspectives.
New Delhi, India: Pentagon Press.

Joshi, A.S. & Gupta, A.D. (2001). Your Right to Information. New Delhi,
India: Commonwealth Human Rights Initiative.

Ministry of Law Justice. (2019). Substituted vide G.I., MINISTRY OF LAW

AND JUSTICE, (Legislative Department) Act, NO. 24 OF 2019, w.e.f. 1st
August 2019, Gazette of India.

Ministry of Personnel, Public Grievances & Grievances. (2019). New Rules

Under RTI. Retrieved from https://pib.gov.in/PressReleasePage.aspx?
PRID=1595927

109

 
The Right to Muthuswamy, Brinda, & Sanjeev. (2020). Swamy’s Compilation on Right to
Information Act,
2005 Information-Act, Rules, Orders and Guides. Chennai, India: Swamy
Publishers Pvt Ltd.

Odhisha Information Commission. Retrieved from

http://orissasoochanacommission.nic.in

Right to Information, A Citizen Gateway. Retrieved from https://rti.gov.in

RTI Amendment Bill, (Bill No. 181 of 2019), As introduced in the Lok
Sabha on 15th July 2019. Retrieved from RTI Amendment Bill, (Bill No. 181
of 2019) As introduced in the Lok Sabha on 15th July 2019.

Sikkim State Information Commission. Retrieved from

http://www.cicsikkim.gov.in

Srivastava, A.B. (2006). Right To Information Laws in India. Allahabad,

India: Law Publisher (India) Pvt. Ltd.

Sudhir, N. (2011). Right To Information Act, 2005. Mumbai, India: Oxford

University Press.

Taxmann’s Bare Act. (2020). Right To Information Act, 2005. New Delhi,
India: Taxmann.

The Right To Information Act, 2005. Retrieved from https://rti.gov.in/rti-

act.pdf

Tripura Information Commission. Retrieved from http://tripurarti.nic.in/

Yadav, A.S. (2012). The Right to Information Act, 2005, an Analysis.

Allahabad, India: Central Law Publications.

5.9 ANSWERS TO CHECK YOUR PROGRESS

EXERCISES
Check Your Progress 1

1) Your answer should include the following points:

x Refer Section 5.2 of the Unit.

2) Your answer should include the following points:

x Discuss terms and conditions of service of the members of State

Information Commission with the help of Section 5.3 of the present
Unit. The RTI (Amendment) Act & Rules of 2019 have changed the
terms and conditions of the service of SIC members. Now they will be
under direct control of the Central Government. Refer to Unit 3 of this
Course too.
110


The State
Information
Commission
3) Your answer should include the following points:

x Refer Section 5.3 of the Unit.

Check Your Progress 2

1) Your answer should include the following points:

x Refer Section 5.4 (5.4.1 and 5.4.3) of the Unit.
2) Your answer should include the following points:
x Section 19 provides for the appellate jurisdiction of the Commission.
Any person who does not receive a decision within the time specified
or is aggrieved by a decision of the SPIO, may prefer first appeal. If
the appellant is not satisfied with the decision of the first appellate
authority, s/he can file a second appeal in the SIC. Refer to Section
5.4 (5.4.2) of the Unit.
3) Your answer should include the following points:
x Refer Section 5.5 of the Unit.

111

 
 Right to
The
Information Act,
2005

112


 The State
Information
Commission

BLOCK 3
IMPLEMENTATION OF THE RIGHT TO
INFORMATION ACT, 2005: ISSUES AND
CHALLENGES

113

 
The Right to
Information Act,
BLOCK 3 IMPLEMENTATION OF THE RIGHT
2005 TO INFORMATION ACT, 2005: ISSUES
AND CHALLENGES

This Block covers relevant information on the implementation of the Right to

Information Act, 2005. It consists of five units, i.e., Unit 6-10. The major
focus in sixth Unit will be on issues and challenges in bringing administrative
efficiency, more transparency and accountability through the Right to
Information Act, 2005. The study explains the concept of administrative
efficiency, transparency and accountability; and analysis the role of the Right
to Information Act in bringing administrative efficiency, transparency and
accountability. In the end, it highlights the major issues and challenges in
bringing administrative efficiency, more transparency and accountability.

The next Unit emphasises on expectations of citizens and constraints in

effective role and performance of the Central Information Commission, State
Information Commissions and Public Authorities. The study highlights
citizens’ expectations from the Public Authorities in implementation of the
RTI Act, describes the major constraints faced by Public Authorities in
implementation of the RTI Act, analyses the role of Central and State
Information Commissions and examines the challenges faced by the Central
and State Information Commissions in implementation of the RTI Act.

The eighth Unit explores constraints in implementation of the RTI Act at

district level. This Unit focuses on the structural and functional dimensions of
the District Administration in India, describes significance of the RTI regime
in participatory governance, highlights the main features and deficiencies of
the RTI Act, brings out the constraints in implementation of the RTI Act at
the district level, and in the end, suggests necessary measures for removing
road blocks and also the way forward for effective implementation of the RTI
Act.

The ninth Unit aims to analyse the role and importance of media in
governance through the RTI. This Unit also recognises the contribution of
media in enacting the Right to Information Act, 2005. It reflects how right to
information law helps the media to uncover the “Maladies and Flaws”
prevalent in various organs of the Government, and role played by media to
bring sensitiveness on various issues among the masses having ramifications
on their social life. It deliberates how the RTI Act helps in getting access to
court proceedings and parliamentary processes and how different
Government institutions can be approached for relevant information. Further,
this Unit also analyses the role of media in highlighting the issues of public
importance through the RTI. It brings out constraints and challenges in
accessing justice for the people. At the end, it suggests that with concrete
efforts and restraint attitude media can help in bringing the RTI regime in
true sense.
114


The tenth Unit of this Course emphasises on the role of Civil Society  The State
Information
Organisations in achieving the right to information. It explores the genesis of Commission
the Right to Information Movement in India, analyses the role of civil society
in law-making, illustrates the role of civil society organisations in the
evolution and implementation of the right to information; highlights the
initiatives of the Government in enactment of the Right to Information Act,
2005 and brings out the value of democratic principles in the governance. It
is to be noted that it contemplates on the active role played by the people’s
groups in getting the RTI formally recognised in India.

The last Unit of this Block explores the role of Civil Society Organisations in
developing countries, which paved the way for enactment of the Right to
Information Act, 2005. It highlights very remarkable non-political socio-legal
movements, which brought new legislative enactments as well as
amendments in existing statutes to bring qualitative changes in the life of
people of India. It specifically analyses, in detail, historic role of Mazdoor
Kisan Shakti Sangathan, National Campaign for People’s Right to
Information and its Allies along with Anna Hazare’s crusade against
corruption. This Unit also focuses upon the role played by the functionaries
of the Government of India, Commonwealth Human Rights Initiative,
Consumers Education and Research Centre and other small groups in
bringing the RTI Legislation in India. It also highlights the fact that for law-
making concerted and continued efforts made by awakened citizenry
involving interests of all affected and prospective stakeholders works as
guiding force.

115

 
 Right to
The
Information Act,
2005

116


 Administrative
UNIT 6 ADMINISTRATIVE EFFICIENCY, Efficiency,
Transparency and
TRANSPARENCY AND Accountability
through the Right to
ACCOUNTABILITY THROUGH Information Act,
2005: Issues and
THE RIGHT TO INFORMATION Challenges

ACT, 2005: ISSUES AND

CHALLENGES

Structure

6.0 Objectives
6.1 Introduction
6.2 Towards Transparent and Efficient Government: The Right to
Information Act, 2005
6.3 Administrative Transparency and Accountability: Bottlenecks in the
RTI Act
6.3.1 Poor Record Management

6.3.2 Need to Improve Proactive Disclosure of Information

6.3.3 Quality of Public Information Officers

6.3.4 Low Level of Public Awareness

6.4 Conclusion
6.5 Glossary
6.6 References
6.7 Answers to Check Your Progress Exercises

6.0 OBJECTIVES
After studying this Unit, you should be able to:

x Explain the concept of administrative efficiency, transparency and

accountability;
x Analyse the role of the Right to Information Act in bringing
administrative efficiency, transparency and accountability; and
x Examine the issues and challenges in bringing administrative efficiency,
transparency and accountability.


Contributed by Dr. Sapna Chadah, Assistant Professor, Administrative & Constitutional
Law, Indian Institute of Public Administration, New Delhi.
117

 
Implementation of
the Right to
6.1 INTRODUCTION
Information Act,
2005: Issues and The RTI Act is a path-breaking legislation that signals the march from
Challenges
darkness of secrecy to dawn of transparency. It is a key to strengthening
participatory democracy and governance. In this Unit, first of all, we will
discuss the key concepts of the study, that is, governance, accountability,
transparency and rule of law.

a) Governance and Good Governance

It is an action or manner of governing, which promotes fairness,
transparency and accountability in the functioning of a government
department/organisation. It contributes in a process whereby societies or
organisations make their important decisions, determine whom they
involve in the process and how they render accountability (Graham,
Amos & Plumptre, 2003). The governance is the evolution by which
authority is conferred on rulers, by which they make the rules, and by
which those rules are enforced and modified. Thus, understanding
governance requires an identification of the rulers and the rules, as well
as the various processes by which they are selected, defined, and linked
together and with the society generally. When the term governance is
preceded with the connotation “good”, some value-assumptions and
attributes such as efficiency, accountability, transparency, participation,
rule of law, justice and control of corruption are added to it. Good
governance implies service to the people.
The Government’s task is to govern in a way that optimises the security
and welfare of citizens. Majority of the donors’ organisations agree that
the term good governance should include increased public accountability
and transparency; respect for and strengthening of the rule of law and
anti-corruption measures; democratisation, decentralisation and local
government reforms; increased civil society participation in
development; and respect for human rights and the environment (Drake
et.al., 2001).
Good governance comprises the existence of effective mechanisms,
processes and institutions through which citizens and groups articulate
their interests, exercise their legal rights, meet their obligations and
mediate their differences. Accountability, transparency, Rule of Law and
citizens’ participation in the process of governance are the basic
postulates of good governance.
b) Accountability
Accountability means holding individuals and organisations responsible
for performance measured as objectively as possible (Paul, 1995). It is
an obligation of the persons in power to explain publically, how they are
118


fulfilling the responsibilities vested in them, which affect the public in Administrative
Efficiency,
their day-to-day life. The actions of these wielders of power are required Transparency and
Accountability
to be citizen friendly, just, fair, responsive, effective, ethical, reasonable through the Right to
and for progress of the society. The concept of public accountability Information Act,
2005: Issues and
applies equally to all levels of government, its systems and sub-systems. Challenges
Accountability requires the authority to explain intention, performance
standards and results of action taken i.e. the output and the outcome. The
need of accountability stems from the ideal that the institutions of public
governance are the repositories of public power and public power in turn
is the trust or faith of the people. Therefore, public purpose requires
public interest needs and public good demands that exercise of public
power must be subjected to the benefit of the society as a whole. There is
yet another dominant reason for enhancing accountability in public
domain that power without liability of accountability is tyranny. It may
also be added that public power is always linked with responsibility.
Power without responsibility is against the norms of democracy and the
rule of law ideals.
c) Transparency
Transparency in governance basically means people should be able to
access public information when they want it. They should be able to
know what public officials are doing and how the policies are being
implemented. Citizens demand greater transparency from governments
and require information on who, why and how of decision making. Other
aspects of transparency in the public service require clarity. That means
there is integration with other decisions, it is logical and rational,
accountable, truthful and accurate, and open. If citizens have a problem
in getting information and grievance redressal, then they may expect
there should be an effective and efficient complaint redressal channel.
Greater transparency also helps in upholding integrity in the public
sector by reducing the risk of fraud, corruption and mismanagement of
public funds. All the departments and public bodies should have
computerised information counters so that information and assistance is
available to the public on various essential services.
d) Rule of Law
The rule of law primarily means that everything must be done according
to law. Applied to the powers of government, this requires that every
government authority that does some act, which would otherwise be a
wrong or which infringes a man's liberty, must be able to justify its
action as authorised by law and in nearly every case this will mean
authorised directly or indirectly by legal provisions. However, the rule of
law demands something more, since otherwise it would be satisfied by
giving the government unrestricted discretionary powers, so that 119

 
Implementation of everything that they did was within the law.The secondary meaning of
the Right to
Information Act, the rule of law, therefore, is that government should be conducted within
2005: Issues and a framework of recognised rules and principles, which restrict
Challenges
discretionary powers. An essential part of the rule of law, accordingly, is
a system of rules for preventing the abuse of discretionary powers. A
third requirement of the rule of law is that disputes as to the legality of
acts of government are to be decided by Judges who are independent of
the executive. The rule of law remains none the less a vital necessity to
fair and proper government. The enormous growth in the powers of the
state makes it all the more necessary to preserve it (Wade & Forsyth,
2009).
The governance and administration of any social enterprise must be
realised within the framework provided by the rule of law. This precept
establishes the obligation of individual and collective obedience to the
system of public rules that define the legal limits of what can and cannot
be done. Disobedience to the law leads to corrupt and criminal behaviour
(Aneelo, 2006).

Check Your Progress 1

Note: i) Use the space given below for your answers.

ii) Check your answer with those given at the end of the Unit.
1) Discuss the concept of accountability.
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2) Explain the meaning and concept of transparency and rule of law.
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120 ……………………………………………………………………………


Administrative
6.2 TOWARDS TRANSPARENT AND Efficiency,
EFFICIENT GOVERNMENT: THE RIGHT Transparency and
Accountability
TO INFORMATION ACT, 2005 through the Right to
Information Act,
2005: Issues and
Citizen’s participation in governance is fundamental to democracy as Challenges

ultimate power vests with the people. It is an essential way in which citizens
contribute to the governance system, directly and indirectly through their
collective participation in civil, public and corporate institutions (Taori,
2003). Greater participation is crucial for good governance as greater
participation by citizens in decision-making process allows greater
transparency. Further, it also helps to ensure that political decisions are
adapted to the needs of the people affected by them.

Citizens’ participation in governance also depends on the quality and quantity

of information shared with them. Thus, information and knowledge are the
basis of democracy and instruments of transformation. Peoples’ acquaintance
with the information and basis for decisions-making is sine qua non for
transparency and accountability. The government, which operates in secrecy
loses the faith of the people and thereby its legitimacy and credibility.
Importance of the right to information has been recognised as one of the
essential requirements of good governance. Access to information besides
promoting efficiency, transparency and accountability in administration, also
facilitates active participation of people in the governance process. World
over, the RTI laws have gained prominence as critical tools to combat
corruption and inefficiency.

In India, the Right to Information Act came into being in 2005; a landmark
event that made the governance processes of the country accessible to its
citizens. Till the enactment of the RTI Act, the Official Secret Act, 1923
generally debarred disclosure of any official information to the public. The
RTI Act is based on the principle that all government information is the
property of the people. It takes democracy to the grassroots level and is also a
step towards ensuring participatory governance in the country (Misra &
Chadah, 2015).

Indian transparency law established a practical regime of the right to

information for citizens to secure access to information under the control of
public authorities. It mandates timely response to the requests made by the
citizens for government information. The RTI Act has empowered people to
meaningfully participate in democracy and hold the government accountable.
Now the citizens can raise questions, examine and review government
decisions, making ordinary citizen important stakeholders in the governance
process. Now the decisions taken by the government are more open to public
scrutiny. The citizens can seek definite and direct response from the officials
of their work. This way the RTI Act has become the most effective 121

 
Implementation of instrument to check corruption and promote openness, transparency and
the Right to
Information Act, accountability. The Act also directs public authorities to periodically publish
2005: Issues and un-exempted category of information of general interest proactively through
Challenges
various means including internet. Any public authority, which delays or
withholds information required by an individual, has been made answerable,
accountable and punishable where necessary. The emphasis has now shifted
from secrecy to openness and turning government to be a government of the
people in the real sense.

According to a study, the general perception of people is that access to

information has actually helped as much as 77 percent of the individuals
think that the ability to access government information could be helpful in
one way or another, while 58 per cent felt that access to information held by
the government was helpful as it could help in solving individual problems,
and also find out about their rights vis-à-vis government, to get official
documents/ certificates and solving grievances. It could help in prevention of
corruption, minimise bad governance and improve government efficiency
(24%). Further, 26 per cent thought that it would contribute to solving
community and national problems. In fact, the RTI Act has promoted
transparency at all levels (Bhardwaj et al., 2014).

6.3 ADMINISTRATIVE TRANSPARENCY AND

ACCOUNTABILITY: BOTTLENECKS IN
THE RTI ACT
6.3.1 Poor Record Management
Records are vital to virtually every aspect of the governance process. The
effectiveness and efficiency in public services and government functions rests
on availability and access to information held in records. To ensure rule of
law and accountability in government functioning, proper record keeping is
must. Thus, records are at the core of the right to information. For proper
implementation of the RTI laws an effective system for creating, managing,
storing and archiving records is needed. In absence of proper record
management, it will be difficult to reply to applications within the time limits
set by the law, which will undermine the law.

Therefore, good record keeping is a pre-requisite to public access to

information. Enactment of the Right to Information Act, 2005 has thrown up
new challenges before the civil services in regard to the strengthening of the
practices and procedures for record management in government for effective
implementation of the Act. The Act enjoins upon the public authorities to
strengthen their records management systems and use of the latest technology
for this purpose in a cost effective manner.
122


According to the RTI Act, Section 4(1) (a), a Public Authority needs to Administrative
Efficiency,
“maintain all its records duly catalogued and indexed in a manner and the Transparency and
Accountability
form which facilitates the right to information under this Act and ensure that through the Right to
are appropriate to be computerised are within a reasonable time and subject Information Act,
2005: Issues and
to availability of resources, computerised and connected through a network Challenges
all over the country on different systems so that access to such records is
facilitated”. Thus, the Act requires that records should be managed in a way
that facilitates access. This requires regular review of current records
management processes. The management of records should not only be in
terms of collation and storage, but classification and archiving as well.
Further, the Act also requires that as many records as possible are
computerised and connected through a network all over the country (subject
to financial resources). Public Authorities need to meet the requirements of
the RTI Act to review their current record keeping procedures and other
constraints and plan out the resources.

Record Keeping – Current Reality

The Second Administrative Reforms Commission (SARC) in its First report

entitled “Right to Information: Master Key to Good Governance” has stated
that perhaps the weakest link in our information system is the total neglect of
record keeping. The Commission has noted that even in the Union Ministries
and Departments, the status of record keeping is a problematic area. In many
of the subordinate offices/agencies of the Government, the record keeping
procedures are totally missing. Where they exist, they are rarely followed.
The record keeping procedures have not been revised for decades and the
practice of cataloguing, indexing and orderly storage is especially absent. As
a result, even when records are stored, retrieval of intelligible information
becomes difficult and virtually impossible. This leads to the practice of
giving bulk unprocessed information rather than a relevant and intelligible
summarisation. Earlier the Tenth Finance Commission had also taken
cognisance of it and recommended special grants to the states for improving
record keeping. The ARC further mentioned that few public authorities have
made creditable efforts to digitise their records and store them in an easily
retrievable manner. However, these have largely remained pilot projects
limited to a few islands of excellence. To ensure that the information is
available in easily retrievable and intelligible form, a combination of
measures is required. For this, the record keeping procedures need to be
developed, reviewed and revised. The cataloguing, indexing and orderly
storage of records should be mandatory. All documents need to be converted
into rational, intelligible, retrievable information modules. A road map for
digitising of records needs to be developed. A permanent mechanism with
sufficient authority, expertise and responsibility needs to be created in each
government department to coordinate and supervise proper record keeping.
123

 
Implementation of A study conducted by RAAG & SAMYA in 2014 (Bhardwaj et al., 2014)
the Right to
Information Act, also highlighted that one major constraint faced by the Public Information
2005: Issues and Officers (PIOs) in providing information in timely manner is a poor state of
Challenges
record management in most public authorities. In the case of Paramveer
Singh vs. Panjab University (PRIA, 2006), the Commission held that every
public authority, particularly after the implementation of the Right to
Information Act, must take all measures in pursuance of the Section 4(1)(a),
to implement efficient record management system in their offices so that the
requests for information can be dealt with promptly and accurately. In the
above case, the applicant had applied for information regarding the merit list
for selection of candidates to a particular post in the university. However, no
proper information was supplied to him due to the negligence of the
University’s PIO in identifying and collecting the proper information. As a
result, the applicant was given misleading information. The Commission held
that the University should streamline its records management system in such
a manner that information can be provided to the citizens without any delay.

Thus, for proper implementation of the RTI law, it is essential to review and
modify the record management system in place. It should be ensured that the
record management system functions properly to meet the RTI needs. The
records should be created and managed in accordance with clear, well-
understood filing, classification and retrieval methods. With rapid
developments in information and communication technology, it is important
that record management guidelines deal with management of electronic
records as well. In this regard, guidelines should be developed for all four
stages in the life of a record:

x Creation or acquisition of the record;

x Its placement within a logical, documented system that governs its
arrangement and facilitates its retrieval throughout its life;
x Its appraisal for continuing value, recorded in a disposal schedule and
given effect at the due time by appropriate disposal action;
x Its maintenance and use, that is, whether it is maintained in creating
office, a records office, a records centre or an archival repository, and
whether the use is by its creator or a successor in function or by a third
party, such as a researcher or other member/public.

6.3.2 Need to Improve Proactive Disclosure of Information

Suo motu disclosure of Information by the public authorities was supposed to
be strongest pillar of the historic law that came into effect in 2005. Section
4(1)(b) of the Act laid down the information, which shall be disclosed by the
Public Authorities proactively. It listed 17 categories of information to be
124 disclosed proactively, which include information pertaining to its


organisation, functions, and duties; the procedure followed in its decision- Administrative
Efficiency,
making process, and the norms and rules followed by it in discharging its Transparency and
Accountability
functions; statement of the categories of documents that are held by it or are through the Right to
under its control; directory of its officers and the system of remuneration for Information Act,
2005: Issues and
their services; details of its Public Information Officer such as name, Challenges
designation and contact details, etc. The purpose of suo-motu disclosure is to
place maximum information in the public domain on proactive basis. This
will enable the citizen to access the information held by Public Authorities
without resorting to the provisions of the RTI Act. Further disclosure of
information will promote transparency and accountability in the functioning
of the government.

The RTI Act, Section 4(2) and 4(3) also mandates that public authority shall
constantly endeavour to provide as much information suo motu to the public
at regular intervals through various means of communications, including
internet, so that the public have minimum resort to the use of this Act to
obtain information. All information must be disseminated widely and in a
manner, that is, easily accessible to the public. The authority must also on its
own volition make all such information public instead of waiting for citizens
to file the RTIs seeking such information. The dissemination must be
conducted in a cost-effective manner.

Since operationalisation of the RTI Act, large amount of information relating

to the working of the public authorities has been put in public domain. But
the quality and quantity of proactive disclosure still remains a major issue of
concern. Even after 15 years of the RTI Act, every Ministry and Department
is paying only lip service to Section 4 and dishing out-dated information. To
further strengthen the proactive disclosure, the Government issued guidelines
for suo motu disclosure under Section 4 of the RTI Act, which provided for
the following:

x Suo motu disclosure of more items under Section 4.

x Guidelines for digital Publication of proactive disclosure under
Section 4.
x Detailing of Section 4(1)(b)(iii), 4(1)(b)(iv), 4(1)(b)(xi), 4(1)(b)(xiv).
x Compliance mechanism for suo motu disclosure (proactive disclosure)
under the RTI Act, 2005.

Further, Operationalising RTI Act in letter and spirit would require

government’s initiative, that’s why the Department of Personnel and Training
(DoPT) has directed all the Public Authorities (PAs) under these guidelines
to get the proactive disclosure of information regularly audited by a third
party.

125

 
Implementation of An assessment of disclosure by the Public Authorities (PAs) conducted by
the Right to
Information Act, the CIC through Transparency Audit of Disclosures (Tiwari & Ansari)
2005: Issues and conducted in 2018 reveals that certain vital information is not fully displayed
Challenges
on the websites of the different government departments. This information
relates to: Decision-making process, the delegation of powers, duties, and
responsibilities of officials and the system of compensation paid to them;
information relating to consultation with public on the proposed major policy
decisions; minutes of the meetings of various committees and boards; details
of norms applicable in the functioning of the authority; various categories of
documents held by the organisations and custodians thereof; policy on
transfer and posting of senior officers deployed at important and sensitive
places; the RTI applications and appeals received and their responses; details
of domestic and foreign visits undertaken by the senior officials; details of
grievances redressal mechanism of affected persons; discretionary and non-
discretionary Grants and details of the beneficiaries of subsidy; details about
Public-Private Partnerships and outcome of such ventures.

The committee in the above report has recommended that a full-fledged

transparency audit of the public authorities is the only way to determine the
transparency preparedness of these instrumentalities. To conduct such audit
exercise of that scale huge preparation, trained auditors, an institution for
audit oversight and definitive arrangements for implementation of the audit
recommendations are required. To begin with evaluation of the websites of
the public authorities to determine their compliance with the mandated
provisions of Section 4 of the Act be undertaken, which can be extremely
useful. This will ensure that comprehensive information disclosures are done
on websites by the Public Authorities, and the websites are carefully designed
and regularly updated.

To further strengthen the proactive disclosure regime, it is also required that

the DoPT and the state nodal agencies should direct all PAs to designate one
or more PIOs as responsible for ensuring compliance with all the provisions
of Section 4. Where these directions are not complied with by the PAs within
a reasonable period, action should be initiated against them.

6.3.3 Quality of Public Information Officers

Public Information Officers (PIOs) are the backbone of the RTI system and
act as interface between information seekers and the government. One of the
pre-requisites for effective implementation of the RTI Act is efficiency in the
functioning of Public Information Officers. The PIOs are the repository of
information and assigned with the responsibility to supply the information to
the applicant in the time bound manner and also give required assistance to
the citizen wherever necessary in seeking information. However, studies
indicate that the PIOs are challenged to provide the information within the
126


stipulated time. Further, under Section 5(3) of the RTI Act, it is expected of Administrative
Efficiency,
the PIOs to assist citizens in drafting the RTI applications. To ensure Transparency and
Accountability
compliance under the RTI Act, the CPIO also needs assistance from other through the Right to
officers for proper discharge of duties or appoint any person as deemed CPIO Information Act,
2005: Issues and
under Section 6(3) of the Act. Most importantly, in case of denial of request, Challenges
the onus lies on PIO to prove that denial was justified. This mandates that
PIO has to discharge duty with sufficient and reasonable cause in order to
evade liability. All these make it desirable that CPIO should have required
knowledge of the RTI Act as well as right outlook towards information
disclosure. There is need to change the perception of the government
employees towards the RTI law so that they don’t consider it as burden.

However, current scenario is completely contradictory of the prescribed

guidelines as the person appointed to the post of CPIO often lacks the
required knowledge to deal with the RTI applications. The PIOs do not have
any training to deal with RTI applications. This creates delay in the process
of the delivery of the answer of the application as well as quality of
information provided is poor. This becomes the major reason for the
dissatisfaction among information seekers.

The CPIO is not a statutory position; an officer in the department is assigned

additional duties of PIO, which involves serious obligations without any
incentives. Besides this, delaying, non-supply of information can have penal
consequences. Often it is observed that unsuitable person is appointed as
CPIO, who does not have knowledge of the RTI Act. Non-friendly attitude
of the PIOs and poor quality of information being provided are the major
concerns regarding the CPIOs. This situation is further aggravated due to lack
of training of PIOs and lack of enabling infrastructure (computers, scanners,
internet connectivity, photocopiers etc.). An in-depth understanding of the
RTI Act is a basic requirement for both PIOs and First Appellate Authorities
to discharge their duties effectively. A module on RTI should be incorporated
in all training programmes for government servants as most of them are
potential PIOs or first appellate authorities. Besides training in the RTI Act,
appropriate training in behavioural skills is also required as this will enable
them to treat properly the information seekers and provide assistance to the
applicants.

6.3.4 Low Level of Public Awareness

RTI is a tool meant to be used by the public to hold government responsible
for their actions and inactions. Low level of awareness among citizens acts as
major hindrance in using this powerful weapon, especially by disadvantaged
communities. Section 26 of the Act provides that the appropriate Government
may develop and organise educational programmes to advance the
understanding of the public, especially disadvantaged communities,
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Implementation of regarding how to exercise the rights contemplated under the Act. After 15
the Right to
Information Act, years of the implementation of the Act, there still remains an urgent need for
2005: Issues and a concerted approach to increase awareness among the public. For generating
Challenges
awareness, the Mass media channels like television, radio broadcast,
newspapers, etc. need to be more rigorously used as these have maximum
reach among the rural and backward areas. Besides this, internet and social
media should also be used as these have wider reach among the youngsters
and urbanites. The RTI stories, pamphlets, advertisements, television serials
and dedicated programming on the RTI awareness need to be developed to
popularise the concept. The publicity materials must be developed in Hindi,
English and various regional languages to have better outreach.

Check Your Progress 2

Note: i) Use the space given below for your answers.

ii) Check your answer with those given at the end of the Unit.
1) Write a note on role of the RTI Act in providing transparent and efficient
government.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
2) What are the bottlenecks in the RTI Act in bringing administrative
transparency and accountability?
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
3) Describe the need to improve proactive disclosure of information.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
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Administrative
6.4 CONCLUSION Efficiency,
Transparency and
Accountability
Transparency, accountability and participation form the basic mandate of the through the Right to
RTI Act. There is a necessity to undertake the measures to strengthen this Information Act,
2005: Issues and
powerful tool that can deliver significant social benefits. There is also the Challenges
need to undertake the measures to strengthen this powerful tool that can
deliver significant social benefits.

6.5 GLOSSARY
Record Keeping: It refers to the activity of organising and storing all the
documents, that is, files, invoices, etc., which are related to a particular
government department or organisation’s activities.

6.6 REFERENCES
Anello, E. (2006). Ethical Infrastructure for Good Governance in the Public
Pharmaceutical Sector. Retrieved from
http://digicollection.org/hss/documents/s 14080e/s14080e.pdf
Bhardwaj, A., Johri, A. & Singh, S. (2014). People’s Monitoring of the RTI
Regime in India 2011-13. Retrieved from
http://nebula.wsimg.com/93c4b1e26eb3fbd41782c6526475ed79?AccessKeyI
d=52EBDBA4FE710433B3D8&disposition=0&alloworigin=1
Drake, E., Malik, A., Xu, Y., Kotsioni, L., El-Habashy, R. and Misra, V.
(2001). Good Governance and the World Bank. Retrieved from
http://www.ucl.ac.uk/dpu-projects/drivers_urb_change/urb_economy/pdf_
glob_ SAP/BWP_Governance_World%20Bank.pdf
Graham, J., Amos, B. & Plumptre, T. (2003). Governance Principles for
Protected Areas in the 21st Century. Retrieved from
https://www.files.ethz.ch/isn/122197/pa_governance2.pdf
International Fund for Agricultural Development. (1999). Good Governance:
An Overview. Retrieved from http://www.ipa.government.bg/sites/default/
files/pregled-dobro_upravlenie.pdf
Misra, S. & Chadah, S.(2015). A Decade of RTI Act- Towards Transparent
Governance.Background Paper for the CIC Annual Convention- 2015, 16-17.
Vigyan Bhawan, New Delhi.
Paul, S. (1995). Strengthening Public Accountability: New Approaches and
Mechanisms. Bangalore, India: Public Affairs Centre.
PRIA. (2006). CIC/OK/A/2006/00016, dated 15/6/06 reported in Analysis of
Judgments of the Central Information Commission on the Right to
Information Act, 2005. Retrieved from

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Implementation of https://pria.org/knowledge_resource/Analysis_of_Judgments_of_the_Central
the Right to
Information Act, _Information_Commission_on_the_RTI_Act.pdf
2005: Issues and
Challenges Second Administrative Reforms Commission, (2006).First Report- Right to
Information: Master Key to Good Governance. Retrieved from
https://darpg.gov.in/sites/default/files/rti_masterkey1.pdf
Taori, K. (2003). Ethics, Good Governance and Decentralisation: A Plan of
Action. In S.N. Mishra, Anil D. Mishra & Sweta Mishra, (Ed. ). Public
Governance and Decentralisation. New Delhi, India: Mittal Publication.
The Right to Information Act, 2005. Retrieved from https://rti.gov.in/rti-
act.pdf
Tiwari A.N. & Ansari, M.M.(2018). Transparency Audit of Disclosures u/s 4
of the Right to Information Act by the Public Authorities. New Delhi, India:
Central Information Commission.
Wade, W. & Forsyth, C. (2009). Administrative Law (10th Ed.). New York,
India: Oxford University press.

6.7 ANSWERS TO CHECK YOUR PROGRESS

EXERCISES
Check Your Progress 1

1) Your answer should include the following points:

x Refer Section 6.1(b).
2) Your answer should include the following points:
x Refer Section 6.1(c and d).

Check Your Progress 2

1) Your answer should include the following points:

x Refer Section 6.2
2) Your answer should include the following points:
x Refer Section 6.3
3) Your answer should include the following points:
x Refer Section 6.3 (6.3.2).

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 Role of the Central
UNIT 7 ROLE OF THE CENTRAL Information
Commission, State
INFORMATION COMMISSION, Information
Commissions and
STATE INFORMATION Public Authorities:
Expectations and
COMMISSIONS AND PUBLIC Constraints

AUTHORITIES: EXPECTATIONS
AND CONSTRAINTS

Structure

7.0 Objectives
7.1 Introduction
7.2 Expectations from the Public Authorities
7.3 Challenges before the Public Authorities
7.4 Working of the Information Commissions
7.5 Constraints in Working of the Information Commissions
7.6 Conclusion
7.7 Glossary
7.8 References
7.9 Answers to Check Your Progress Exercises

7.0 OBJECTIVES
After studying this Unit, you should be able to:
x Discuss the expectations from Public Authorities in implementation of
the RTI Act;
x Describe the major constraints faced by Public Authorities in
implementation of the RTI Act;
x Analyse the role of Central and State Information Commissions; and
x Examine the challenges that the Central and State Information
Commissions are facing in implementation of the RTI Act.

7.1 INTRODUCTION
The Right to Information Act, 2005 has completed 15 years of existence. The
legislation confers on all citizens a right to seek information and

Contributed by Dr. Sapna Chadah, Assistant Professor, Administrative & Constitutional
Law, Indian Institute of Public Administration, New Delhi.


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Implementation of correspondingly makes it the duty of the Public Authorities to disseminate
the Right to
Information Act, information for better governance and accountability. The Act has ushered in
2005: Issues and a new era of performance and transparency to benefit the common man in the
Challenges
complex modern world; and empower the people to judge, if the government
is functioning in public interest. The RTI Act has contributed to enhance the
ability of citizens to become aware and remain involved in activities of the
government. Keeping in view, the nature of economic inequality and social
deprivation prevailing in Indian society, it is a significant gain for the low-
middle class and marginalised people. It has empowered the Individuals to
fight with the corrupt politicians and administrators by resorting to the RTI.
The transparency has contributed in improving the decision-making attitude
of public servants by making them more responsive and accountable to the
public; and controlling corrupt practices by making it more difficult to hide
illegal agreements and action.

In a country as big and diverse as India with a population of 1.40 billion, to

assess the impact of RTI is not an easy task. But there is no doubt that no
other reformative legislation has been able to touch the lives of the people as
the RTI has done. According to a study report by Transparency International,
around 2.44 crore applications under the Right to Information (RTI) Act
(Section 2(f)) have been filed with various central and state government
departments by the citizens (Firstpost, 2017). The role played by Central
Information Commission (CIC) and State Information Commissions (SICs)
and civil society cannot be denied. They have ensured that the Act surmises
and also helps in better governance. According to a report by Transparency
International during 2005-06 to 2015-16, a total of 13,48,457 second appeals
and complaints were received by all Information Commissioners – in the
Central and State Information Commissions..The Act, which was primarily
meant to facilitate the disclosure of records and documents, has been far-
reaching benefits. People in India, have well recognised and imbibed that
“information is power”.

The passing of a law, no doubt, is one of the extremely important parts of

securing the right to information. However, it needs to be supplemented by
effective implementation of the law, to make it effective and meaningful. A
number of aspects are required to be taken into consideration for effective
implementation and operationalisation of the RTI legislation. Some of these
facets, which require immediate attention are: generating public awareness,
promoting an informed civil service, encouraging cultural change within the
civil service, and developing an efficient and well-organised information
management system. Some of the areas, which still remain matter of concern
regarding Public Authorities and Information Commissions will be discussed
in this Unit.

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Role of the Central
7.2 EXPECTATIONS FROM THE PUBLIC Information
AUTHORITIES Commission, State
Information
Commissions and
Public Authorities:
The RTI Act defines a “Public Authority” as any authority or body or Expectations and
institution of self-government established or constituted by or under the Constraints
Constitution; or by any other law made by the Parliament or a State
Legislature; or by notification issued or order made by the Central
Government or a State Government. Bodies owned, controlled or
substantially financed by the Central Government or a State Government and
Non-Governmental Organisations substantially financed by the Central
Government or a State Government also fall within the definition of the
Public Authority.

i) Duty to Maintain and Supply Information

Public Authorities are the repository of information and have a duty to
supply the same when requested by the citizens. The RTI Act gives
citizens the right to access information held by Public Authorities. For
that the Act imposes a duty on the Public Authorities to set up a practical
regime to provide information to the public. They are required to
proactively disclose specified types of information and are duty bound to
supply other non-exemption categories of information in response to the
RTI application. Under the RTI Act (Section 2(f)), the citizen can also
seek “information relating to any private body which can be accessed by
a public authority under any other law for the time being in force”.
Public Authorities, therefore, not only have to provide information held
by them but also become gateways for citizens to access information
from private bodies (RTI Assessment and Advocacy Group & Samya –
Centre for Equity Studies, 2014).
ii) Record Management
A citizen has a right to seek such information from a Public Authority,
which is held by the Public Authority or which is held under its control.
To ensure that the citizen receives correct information within the time
limit specified, the Public Authority is expected to maintain all its
records duly catalogued and indexed in a manner and the form, which
facilitates the right to information under the Act [Section 4(1) (a)]. The
Authorities are also required to ensure that all records are appropriately
computerised and connected through a network all over the country on
different systems so that access to such records is facilitated. The Act
[Section 8 (3)], however, does not require the Public Authorities to retain
records for indefinite period. The records should be retained as per the
record retention schedule applicable to the concerned Public Authority.

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Implementation of iii) Proactive Disclosure of Information
the Right to
Information Act, The Act makes it obligatory for every Public Authority to make suo-
2005: Issues and
Challenges motu disclosure of Information. The RTI Act (Section 4) lists various
categories of information, which should be proactively or suo-motu
disclosed to the public. The purpose of suo-motu disclosure is to place
maximum information in the public domain on proactive basis, which
can easily be accessed by the people without asking for the same. The
Public Authorities have to constantly endeavour to take steps to provide
as much information as possible suo motu to the public at regular
intervals through various means of communication, including internet.
The idea was to cut number of RTI applications and lessen the burden on
Public Authorities. Further, this would ensure transparency and openness
in the functioning of Public Authorities.
iv) Dissemination of Information
The Public Authority should widely disseminate the information through
various means — notice boards, newspapers, public announcements,
media broadcast, the Internet or any other means. Dissemination should
be done in such form and manner, which is easily accessible to the
public. The factors like cost effectiveness, local language and most
effective method of communication in the local area should be taken into
consideration while disseminating the information.
v) Publication of Facts about Policies and Decisions
Public Authorities formulate policies and take various decisions from
time to time. The Act mandates that while formulating important policies
or announcing the decisions affecting the public, the Public Authority
should publish all relevant facts about such policies and decisions for the
information of public at large.
vi) Providing Reasons for Decisions
The Public Authorities take various administrative and quasi-judicial
decisions, which affect the interests of certain persons. It is mandatory
for the concerned Public Authority to provide reasons for such decisions
to the affected persons. It may be done by using appropriate mode of
communication.
vii) Designation of Information Officers
Public Authority is mandated under the RTI Act (Section 5) to designate
as many officers as the Central Public Information Officers or State
Public Information Officers (PIOs) in all administrative units or offices
under it to provide information to persons requesting for information
under the Act. Besides this, at each sub-divisional/sub-district level the
Central Assistant Public Information Officer (APIO) or a State Assistant
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Public Information Officer should be designated. To meet the Role of the Central
Information
expectations of information seekers, the number of PIOs designated by a Commission, State
Information
Public Authority should be reasonably large in keeping with the size and Commissions and
functions of the authority; and efficient officers with ability to take quick Public Authorities:
Expectations and
decisions must be designated as the PIOs. Constraints

viii)Implementation of Decisions of Information Commissions

The Act (Section 19(7)) stipulates that the decisions of the Information
Commission on appeals “shall be binding”. Therefore, every Public
Authority is required to implement the decisions of the Information
Commission regarding compliance with the provisions of the Act
(Section 19 & 20), compensating the complainant for loss or other
detriment suffered, imposing penalties on erring Public Information
Officers etc. The decisions of the Commission are binding and the
Public Authority should ensure that the orders passed by the Commission
are implemented. If any Public Authority is of the view that an order of
the Commission is not in consonance with the provisions of the Act, it
may approach the High Court by way of a Writ Petition.
All the Public Authorities are required to keep records and provide
information required by the concerned Ministry or Department every
year in connection with furnishing of consolidated information needed
by the Information Commission for its Annual Report (Section 25(2)).
To achieve this, the Public Authorities are expected to adopt and
maintain appropriate Management Information System.

7.3 CHALLENGES BEFORE THE PUBLIC

AUTHORITIES
The major challenges before the PublicAuthorities are as follows:

i) Public Authorities refusing to be “Public”

The RTI regime is facing a peculiar problem as many Public Authorities
are refusing to be “public” and thereby refuse to supply information.
These bodies include political parties, utility services, educational
institutions. Besides, private Universities, schools calling themselves
Public schools, Trusts, Cooperative Societies, sports bodies that have
monopoly over the game, institutions and authorities, which were in fact
Public Authorities and office established by the Constitution also have
refused to disclose information about their authority. They are refusing to
respect the people’s right to information. On the other hand, interpreters
of law are taking years to conclude whether they are Public Authorities
or not. Finally, some of the Public Authorities are interpreted to be
private bodies by reading the definitions out of context. Unfortunately,
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Implementation of the spirit of access law is ignored many a time, leading to total denial of
the Right to
Information Act, legal right guaranteed by the Parliament (Sridhar, 2014).
2005: Issues and
Challenges In this regard, the Second Administrative Reforms Commission in its
report has suggested that:
a) Each Union Ministry/ Department should also have an exhaustive
list of all Public Authorities, which come within its purview. The
Public Authorities coming under each Ministry/ Department should
be classified into (i) constitutional bodies, (ii) line agencies, (iii)
statutory bodies, (iv) public sector undertakings, (v) bodies created
under executive orders, (vi) bodies owned, controlled or
substantially financed by the government, and (vii) NGOs
substantially financed by the government. Within each category, an
up-to-date list of all Public Authorities has to be maintained.
b) Each Public Authority should have the details of all Public
Authorities subordinate to it. This should be provided till the last
level. These details should also be made available on the websites of
the respective Public Authorities, in a hierarchical form.
c) A similar system should also be adopted by the States.
ii) Proactive Disclosure of Information
One of the important features of the RTI Act is that it mandates proactive
disclosure of information. Since the promulgation of the RTI Act, large
amount of information relating to the functioning of the government is
being put in public domain. However, the quality and quantity of
proactive disclosure is not up to the desired level. A study on RTI
Assessment and Advocacy Group (RAAG) & Samya-Centre for Equity
Studies (CES) (2014) states that despite a very strong provision for
proactive (suo motu) disclosure under Section 4 of the RTI Act, there is
poor compliance by the Public Authorities. This forces applicants to file
applications for information that should be available to them proactively.
Nearly 70 percent of the RTI applications seek information that should
have been proactively made public without citizens having to file an RTI
application. The major criticism against proactive disclosure is that every
Ministry and Department is paying only lip service to Section 4 and
dishing out outdated information. This has given rise to a growing
suspicion among the civil society groups and the citizens that the
government, let alone implementing Section 4 of the Act, was trying to
further restrict the Act.
Thus, the need for laying the detail guidelines and compliance
mechanism to ensure that requirements under Section 4 of the RTI Act
are met. In order to address the above, the Government of India
136 constituted a Task Force on suo motu disclosure under the RTI Act, 2005


in May 2011. Based on the report of the Task Force, the Guidelines for Role of the Central
Information
Implementation of suo-motu disclosure under Section 4 of the RTI Act, Commission, State
Information
2005 for Central Ministries / Departments were issued on April 15, 2013 Commissions and
prescribing: additional information for proactive disclosures, guidelines Public Authorities:
Expectations and
for digital publication, guidelines for several Sub-sections of Section 4 to Constraints
make them more effective and also a framework for monitoring
compliance with Section 4.
iii) Poor Record Management
One major constraint faced by PIOs in providing information in a timely
manner is the poor state of record management in most Public
Authorities. The chaotic nature of the information and public records
system, the lack of proper archives and the lack of any consistent system
for managing information across the government are major institutional
problems. Strengthening information and record management system is,
thus, the need of the hour to make the right to information more
meaningful. Every Public Authority needs to properly manage, speedily
computerise its records and organise them in a searchable database
retrievable by key words.
iv) Lack of Training
Public officials weaned on secrecy tend to regard information as power
and are reluctant to give it up. They, therefore, delay the processing of
information. In the administrative set up public officials tend to regard
the files they hold as their own personal property. Within traditionally
secretive bureaucracies, information itself is a form of power and
officials are reluctant to share it with other officials and most rarely with
the public. They lack transparency with regard to the information they
hold. To change the mindset of the bureaucracy is a difficult challenge.
The training programmes to change the orientation and tackling the
ingrained mindset can be important to certain extent.
To have an informed civil service, provision of training on right to
information for employees is an important requirement. Besides
conducting separate training courses for Public Information Officers and
First Appellate Authorities, a module on the RTI should be incorporated
into all training programmes, considering all government employees are
subject to the RTI Act. Such training should deal with why access to
information is important, the scope of any law, procedures by which
people request information and how requests should be responded to,
how to maintain and access records. Such training programmes will
develop a positive mindset among the officials and the law will be seen
as a positive benefit to officials, rather than burden. There is need to
develop cultural change among the civil servants and public officials as
the government with a long history of secrecy will tend to resist releasing 137

 
Implementation of information. Thus, there is need to develop a training plan and training
the Right to
Information Act, modules for different levels of functioning of the government.
2005: Issues and
Challenges v) Lack of Awareness among Citizens
The greatest challenge for RTI regime in India is lack of understanding
and awareness of the RTI Act, especially among the weaker segments
and the rural population, illiteracy, poverty, division on caste lines are
major impediments. Recognising the critical need to disseminate
awareness, the RTI Act (Section 26(1)) itself stresses on the
government’s obligation to “…advance the understanding of the public,
in particular of disadvantaged communities as to how to exercise the
rights contemplated under this Act”.
The RAAG has conducted a study during the period 2011-13, which
indicated that even after 8 years of the enactment of the Act the
awareness about the Act was low; as much as 64 percent of the rural
respondents and 62 percent of the urban respondents have not heard of
the RTI Act. Encouraging trend is that young people seemed to be the
most aware of the RTI Act. Newspaper and television are the major
sources of information for the public. The government has taken
initiative of starting dedicated weekly show titled “Janane ka Haq”
(Right to Know) on the RTI Act. The programme has vast footprints,
reaching about 50 percent of the country’s population. However, findings
indicated that the government was not a major force in raising public
awareness about the RTI Act. The study highlights the need for intensive
and sustained measures on the part of the government to raise awareness
among people especially the poor and disempowered (RTI Assessment
and Advocacy Group & Samya–Centre for Equity Studies, 2014).
It is incumbent on the government to educate and make people aware of
their right of access to information as part of promoting a culture of
openness and responsiveness within the government. The government —
supported public information campaigns are extremely important tools to
achieve the goals of right to information. Public Awareness Campaigns
need to employ a variety of communication mechanisms including print
and electronic media and other available modes of communication.

Check Your Progress 1

Note: i) Use the space given below for your answers.

ii) Check your answer with those given at the end of the Unit.
1) What are the major expectations from Public Authorities?
……………………………………………………………………………
……………………………………………………………………………
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…………………………………………………………………………… Role of the Central
Information
Commission, State
…………………………………………………………………………… Information
Commissions and
…………………………………………………………………………… Public Authorities:
Expectations and
2) Discuss the major challenges before Public Authorities. Constraints

……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
3) Write a note on Proactive Disclosure of Information as a challenge
before Public Authorities.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………

7.4 WORKING OF THE INFORMATION

COMMISSIONS
Under the RTI Act, the Information Commissions (ICs) at the Centre and
States have unique position and responsibility. These are quasi-judicial
bodies created under the law to adjudicate appeals and complaints of citizens
who have been denied access to information. They have extensive powers
including the power to impose penalties on officials, and their decisions are
final and binding. The effective and efficient functioning of the ICs is widely
seen as being critical to the RTI regime. In effective implementation of the
RTI Act, the role of CIC is laudable. In spite of various restraints the CIC
has been able to ensure that a large number of agencies resisting the RTI have
been opened up. Over the years, the decisions of the CIC have brought
interesting and new dimensions in the implementation of the RTI Act and
made the right a reality.

The function of the commissions is to adjudicate appeals and complaints of

citizens denied access to information. Unfortunately, the RTI Act does not
specify any time limit within which the Information Commissions must
dispose of an appeal or complaint. The commissions have wide powers under
the Act, which include: power to require the Public Authority to provide
access to information, appoint the PIOs, publish certain categories of
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Implementation of information and make changes to practices of information maintenance. The
the Right to
Information Act, commissions have the power to order an inquiry if there are reasonable
2005: Issues and grounds for one, and also have the powers of a civil court for enforcing
Challenges
attendance of persons, discovery of documents, receiving evidence or
affidavits, issuing summons for examination of witnesses or documents.
Sections 19 and 20 of the RTI Act empowers the Information Commissions
to require the Public Authority to compensate the complainant for any loss or
other detriment suffered; and impose penalties on erring officials.

7.5 CONSTRAINTS IN WORKING OF THE

INFORMATION COMMISSIONS
Effective and efficient functioning of the Information Commissions is crucial
for proper implementation of the RTI Act. The quasi-judicial machinery
under the RTI Act is riddled with many operational issues. The main issues
concerning public are as follows:

x Appointment of the Information Commissioners and composition of

Information Commissions.
x The state of record maintenance by the ICs and transparency in the
functioning of the commissions.
x Disposal of appeals and complaints by the ICs – pendency and delays in
the commissions and the consequent backlog.
x Willingness of the commissions to levy penalties on erring officials and
award compensation to applicants, where required.
x Ability of the commissions to ensure recovery of penalties and ensure
payment of compensation.
x Accountability of the commissions (RTI Assessment and Advocacy
Group & Samya – Centre for Equity Studies, 2014).

The following constraints have been observed in the working of Information

Commissions:

i) Dependence on the Government for financial and infrastructural

support
The Act creates the Information Commissions as independent authorities
under the Act and clearly defines their responsibilities. However, on the
ground level Information Commissions are dependent on the
Government for funds, infrastructure and functionaries. As a
consequence, currently the Information Commission is as effective as the
support provided by the appropriate Government.

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ii) Vacancies in the Information Commissions Role of the Central
Information
Commission, State
There is large pendency of appeals and complaints in many commissions Information
across the country resulting in inordinate delay in disposal of cases. The Commissions and
Public Authorities:
main cause of such pendency is the failure of the Central and State Expectations and
Constraints
governments to take timely action to appoint the Information
Commissioners. According to a latest study by Transparency
International in 2020, “State Transparency Report 2020”, as on October
2020, 38 out of 160 posts of the Chief Information Commissioner and
Information Commissioners are vacant. As per the State Transparency
Report 2019, published on Oct, 2019, 24 out 155 (excluding J&K) posts
were vacant. It is to be noted that the Meghalaya Information
Commission is the only single member Commission. In five states, the
State Information Commissions are 2 member Commissions, and in six
States Information Commissions are 3 member Commissions. Four
Information Commissions were headless including the CIC. Only Eight
Commissions including the CIC have Women Information
Commissioners.
iii) Background of the Information Commissioners
Since the RTI Law came into effect, the Information Commissions
across the country have been headed overwhelmingly by the retired civil
servants, most of whom were former members of the Indian
Administrative Service (RTI Assessment and Advocacy Group & Samya
– Centre for Equity Studies, 2014). It appears that the governments
increasingly prefer the retired civil servants over candidates with other
specialisations. A study on the functioning of Information Commission
(Satark Nagrik Sangathan (SNS) and Centre for Equity Studies (CES),
2019) has found that 58 percent of the Commissioners for whom
background information was available, were retired government
officials. Similarly, the Chief Information Commissioners for whom data
was obtained, it has been observed that 83 percent were the retired
government servants, which includes 64 percent retired Indian
Administrative Service (IAS) officers. The gender composition of the
commissions has also been found to be extremely lop-sided. Since the
passage of the RTI Act in 2005, merely 10 percent of all Information
Commissioners and less than 7 percent of Chief Information
Commissioners, across the country have been women. This still remains
the condition in spite of the Supreme Court giving directions from time
to time to rectify this situation. In Namit Sharma vs Union of India (AIR
214 SC 122) the Supreme Court issued directions requiring the
Governments to make the effort to identify candidates other than retired
civil servants for appointment to the Information Commissions.

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Implementation of For effective implementation of the RTI Act, the Information
the Right to
Information Act, Commissions are required to be better balanced bodies having greater
2005: Issues and gender parity and a mix of experts and professionals from various fields
Challenges
including former civil servants, legal professionals, social activists,
academics, journalists and other professionals.
iv) High Pendency of Cases and Delay
There are huge and growing delays in the disposal of cases in many of
the Information Commissions, with pendency of cases growing every
month. The massive backlog in disposal of appeals and complaints in the
Information Commissions is effectively denying people their
fundamental right to information – it is resulting in citizens having to
wait for excessively long periods of time to have their appeals and
complaints heard. The study indicates that at the state level, it often takes
them over one year to get a hearing at the ICs (RTI Assessment and
Advocacy Group & Samya – Centre for Equity Studies, 2014). A study
conducted by Satark Nagrik Sangathan and Centre for Equity Studies
(2019) indicates that as on March 31, 2019, as much as 2,18,347 appeals
and complaints were pending in the 26 Information Commissions. Of
these, the maximum number of appeals/complaints were pending in Uttar
Pradesh (52,326) followed by Maharashtra (45,796). The comparative
data for these two Commissions shows that the number of cases pending
had increased 20 percent between March 31, 2018 and March 31, 2019.
The estimate showed that eleven ICs studied would take more than one
year to dispose an appeal/complaint. The paucity of Commissioners, low
productivity to inadequate support and no legally prescribed time limit
for disposing second appeals were recognised as the main reasons for
delay and pendency.
v) Non-compliance and Enforcing Orders of the ICs
Often, orders of Information Commissions are not heeded to by the
concerned Public Authority and even penalties that are imposed are not
recovered. Many Commissions do not have effective methods of
monitoring or enforcing compliance. This non-compliance of the order
would be an obstruction in the delivery of information. In view of the
interpretation given by the High Courts relating to Section 20 of the Act,
it can be inferred that the Commission can entertain non-compliance
complaints, adjudicate the grievances and decide the matters brought
before it, in terms of the provisions contained in the Act (CIC, n.d.).
However, there is no foolproof mechanism to ensure that the information
seeker will definitely get the required information after the hearing of
her/his non-compliance application (CIC, 2017).

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vi) Low Proportion of Imposing Penalties by the ICs Role of the Central
Information
Commission, State
Laxity in terms of exercising their powers to ensure proper Information
implementation of the law is also a major cause of concern. Section 20 of Commissions and
Public Authorities:
the RTI Act empowers Information Commissions to impose penalties of Expectations and
Constraints
upto Rs. 25,000/- on erring Public Information Officers (PIOs) for
violations of the RTI Act. This penalty provision gives teeth to the RTI
law. However, studies have indicated that the Information Commissions
have been extremely reluctant to impose penalties on erring officials for
violations of the law.
The study by SNS & CES (2019) indicates that a very small proportion
of the penalties were imposable under the RTI Act. For the period
January 1, 2018 to March 31, 2019, 25 Commissions, had imposed
penalty in 2,455 cases (appeals and complaints). Penalty amounting to
Rs. 3.15 crore was imposed by the Commissions. The study indicates
further that penalty was imposed by the Information Commissions only
in 1.8 percent of the cases disposed. Of the 21 Commissions studied,
only 9 had invoked their powers to recommend disciplinary action. There
is thus, loss of deterrence value that the threat of penalty was supposed to
bring in. There is a direct correlation between the number of penalties
imposed and the willingness of the PIOs to make information available,
and the number of appeals and complaints that land up with the
Information Commissions.
vii) Disclosure of Information on Website
The studies indicate, while all the ICs had their own official websites.
However, there was considerable variation across the ICs on the
availability of information and the ease with which the website can be
navigated and searched. The information on several websites was not
updated, and hence misleading. Unfortunately, many of the Information
Commissions do not themselves follow the requirements of Section 4 of
the RTI Act. Most of their websites are outdated with very sparse details
and much of the required information missing. There is delay in
uploading of annual reports by many SICs. The Cause list, Disposal and
Pendency Statistics are also not uploaded on many IC websites. To
ensure transparency in the functioning of the ICs, it is required that each
Information Commission must ensure that all important information
must be displayed on their websites. This includes up to date and real-
time information about the receipt and disposal of appeals and
complaints, and copies of orders passed by the Commissions.

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Implementation of Check Your Progress 2
the Right to
Information Act,
2005: Issues and
Note: i) Use the space given below for your answers.
Challenges
ii) Check your answer with those given at the end of the Unit.
1) Discuss the working of Information Commissions.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
2) Examine the constraints and challenges being faced by the Central and
State Information Commissions in implementation of the RTI Act.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
3) Write a note on background of the Information Commissioners.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………

7.6 CONCLUSION
Various emerging issues have been observed while implementing the RTI
Act. With increasing need of good governance, anti-corruption initiatives and
participation of the public, there is a need of an awareness drive to sensitise
the citizens and Public Authorities about the RTI Act. The CPIOs are not
adequately trained, and consequently the quality of their replies given to the
applicants is adversely affected. The CPIOs are not motivated; they have fear
of punishment but no hope of incentives. The ineffective implementation of
Section 4 is a major concern area. This is leading to citizen asking for
information, which should have been automatically put in public domain.The
digitisation of records, need for better record management and obligation of
Public Authority to publish such records/manuals on a regular basis is
another issue, which is hampering free flow of information. All these issues
144 need to be looked into for better implementation of the RTI Act.


Besides ensuring adequate measures for implementation of the RTI at Role of the Central
Information
authority level, it is equally important to strengthen the Information Commission, State
Information
Commissions. Though the RTI Act gives a fair amount of authority to the Commissions and
Information Commissions, however, most of them are not able to fully Public Authorities:
Expectations and
exercise this authority or meet fully their various legal obligations, because of Constraints
various constraints like lack of resources, infrastructure, etc. This is causing
delay and pendency. If the ICs cannot decide the appeals/complaints within a
reasonable period, it forfeits the purpose of the Act. Early disposal by the
Information Commissions will help citizens in quick grievance redressal and
encourage the Commissions to make concerted and sincere efforts to speed
up the disposal of registered cases.

Most Information Commissioners have no legal background, and therefore, a

system needs to be there by which they are oriented and trained.
Strengthening the Commissions through resources and capacity building is
the need of the hour. A scheme needs to be adopted for proper infrastructure
and resources to make them more effective and efficient. Further, the good
practices being adopted by some of the ICs should be disseminated to enable
others to learn from each other's experiences. Certain amount of autonomy in
financial and administrative matters should also be provided to the ICs.

7.7 GLOSSARY
Proactive disclosure: It refers to the act of releasing information, before it is
requested. In this regard Section 4(1)(b) of the RTI Act, 2005 lays down the
information that should be disclosed by the Public Authorities on a proactive
basis; and Section 4(3) prescribes wide dissemination of information, in such
a way that it is easily accessible for public.

Erring: It refers to officers/administrators who have failed to adhere to the

proper or accepted standards; have done wrong.

7.8 REFERENCES
Central Information Commission (CIC). (2017). Final draft of Proceedings
of the Annual Convention 2017. Retrieved from http://cic.gov.in/sites/
default/files/2017/ac/Proceedings%20of%20the%20Annual%20Convention
%202017.pdf

Central Information Commission (CIC). (n.d.). Various orders of Hon’ble

High Courts in the matter of Sri G Basavaraju vs. Smt. Arundathi & Anr.;
Kadiyam Shekhar Babu vs. The Chairman, A.P. Public Service Commission,
Hyderabad & Anr. Retrieved from https://cic.gov.in/sites/default/files/2017/
ac/s3-3.pptx

145

 
Implementation of Firstpost. (2017). Right to Information: Around 2.44 crore applications filed
the Right to
Information Act, between 2005-2016. Retrieved from http://www.firstpost.com/india/right-to-
2005: Issues and information-around-2-44-crore-applications-filed-between-2005-2016-
Challenges
reveals-report-4136397.html

RTI Assessment and Advocacy Group &Samya –Centre for Equity Studies.
(2014). People’s Monitoring of the RTI Regime in India 2011-13. Retrieved
from
http://nebula.wsimg.com/93c4b1e26eb3fbd41782c6526475ed79?AccessKeyI
d=52EBDBA4FE710433B3D8&disposition=0&alloworigin=1

Satark Nagrik Sangathan (SNS) & Centre for Equity Studies (CES). (2019).
Report Card of Information Commissions in India 2018-19. Retrieved from
https://snsindia.org/wp-content/uploads/2019/10/Report-Card-2019-
FINAL.pdf

Sridhar, M. (October 20, 2014). Why Public bodies fear to be “Public

Authorities”? Retrieved from http://www.livelaw.in/public-bodies-fear-
public-authorities/

Taxmann’s Bare Act. (2020). Right to Information Act, 2005. New Delhi,
India: Taxmann.

The Right to Information Act, 2005. Retrieved from https://rti.gov.in/rti-

act.pdf

Transparency International India. (2020). State Transparency Report:

Journey So Far and Challenges Ahead. Retrieved from
https://transparencyindia.org/wp-content/uploads/2020/10/STR-Final-
2020.pdf

7.9 ANSWERS TO CHECK YOUR PROGRESS

EXERCISES
Check Your Progress 1

1) Your answer should include the following points:

x Duty to maintain and supply Information
x Record management
x Proactive disclosure of Information
x Dissemination of Information
x Publication of facts about policies and decisions
x Providing reasons for decisions
x Designation of Information Officers
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x Implementation of decisions of Information Commissions. Role of the Central
Information
Commission, State
2) Your answer should include the following points: Information
Commissions and
x Public Authorities refusing to be “Public” Public Authorities:
Expectations and
x Proactive disclosure of information Constraints

x Poor record management

x Lack of training
x Lack of awareness among citizens.
3) Your answer should include the following points:
x Refer Section 7.3(ii).

Check Your Progress 2

1) Your answer should include the following points:

x Refer Section 7.4
2) Your answer should include the following points:
x Dependence on the Government for financial and infrastructural
support
x Vacancies in the Information Commissions
x Background of the Information Commissioners
x High pendency of cases and delay
x Non-compliance and enforcing orders of the ICs
x Low proportion of imposing penalties by the ICs
x Disclosure of information on website.
3) Your answer should include the following points:
x Refer Section 7.5 (iii).

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Implementation of
the Right to
UNIT 8 THE RTI ACT, 2005:
Information Act,
2005: Issues and
CONSTRAINTS IN ITS
Challenges IMPLEMENTATION AT THE
DISTRICT LEVEL*

Structure

8.0 Objectives
8.1 Introduction
8.2 Nature and Ambit of District Administration
8.3 Main Features of the RTI Regime
8.4 Ambivalence in the Act and its Functional Process
8.5 Implementation of the RTI Act at District Level: Major Constraints
8.6 Effective Implementation of the RTI Act: Removing Roadblocks
8.7 Effective Implementation of the RTI Act: Road Ahead
8.8 Conclusion
8.9 Glossary
8.10 References
8.11 Answers to Check Your Progress Exercises

8.0 OBJECTIVES
After studying this Unit, you should be able to:
x Explain the structural and functional dimensions of District
Administration in India;
x Discuss the significance of RTI regime in participatory governance;
x Describe the main features and deficiencies of the RTI Act;
x Examine the constraints in implementation of the RTI Act at the District
Level; and
x Suggest necessary measures for removing roadblocks; and the way
forward for effective implementation of this Act at the District Level.

8.1 INTRODUCTION
The Right to Information has been identified as an indicator of inclusive
governance as it ensures participation of the citizens in this process. The
periodic elections alone are not enough for ensuring it. Their continuous

*
Contributed by Dr. Rajiv S. Dhaka, Senior Faculty Member, HIPA, Gurgaon, Haryana.
148


legitimisation can be ensured only by making the citizens a part of the The RTI Act, 2005:
Constraints in Its
decision-making process. The most cost-effective way to do so is to freely Implementation at the
District Level
share all the information about the functioning of government with citizens.
This shall not only enable the citizens to know the basis on which decision-
making had been done by the government but also provide them an
opportunity to question the working of government in a sustainable manner.
Therefore, the Right to Information Act, 2005 has marked a paradigm shift in
Indian democracy by providing an unrestrained access to information to the
citizens.

The institutionalisation of the RTI regime has, therefore, to be recognised as

a far reaching step towards the deepening of democracy in India. It is
pertinent to highlight, in this context, the fact that the Constitution of India
had only introduced the parliamentary democracy at the national and the state
levels in 1950; and the 73rd and the 74th Constitutional Amendments had
merely created the grassroots democracy in the rural and urban areas. The
participatory democracy has been introduced in India only by the Right to
Information Act, 2005, which sought to make governance accountable at all
the levels. This Right, however, is not only a basic pre-requisite for good
governance but also for the realisaiton of basic Human Rights, including the
Rights to Education and Health Care.

This landmark legislation has enabled the common citizens to participate

enthusiastically in the process of governance by exercising their right to seek
information from the government and its agencies. Besides empowering the
citizens, the Act has also fixed the responsibility on the officials for timely
delivery of information to the information seekers. These measures, in the
long run, aimed at curbing corruption.

The institutionalisation of this regime had created a sort of euphoria

regarding the dawn of a participatory, responsive, sensitive, humane, honest
and a people friendly regime at all the levels of governance from top to the
bottom. Although it can be stated without hesitation on the basis of the
working of the RTI regime for a period of more than 15 years, that
transparency has remained elusive to a great extent because the centuries old
culture of secrecy inherited by the bureaucracy from the colonial era has not
been wiped out so far. Consequently, good governance remains an unfinished
agenda, despite the efforts for “maximum governance & minimum
government and zero tolerance for corruption”.

This leads to a valid question as to what are the key reasons for the
persistence of this scenario. An attempt has been made in this Unit to try to
answer this question. One of the major reasons for the non-fulfillment of the
promise of good governance in India through RTI regime has been the
governance at cutting edge, the district administration. It continues to remain
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Implementation of structured in the colonial mode. Therefore, an attempt is being made to trace
the Right to
Information Act, the constraints in the way of implementation of the RTI Act at the district
2005: Issues and level. This Unit focuses on the structural and functional dimensions of the
Challenges
District Administration in India; describes significance of the RTI regime in
participatory governance; highlights the main features and deficiencies of the
RTI Act; brings out the constraints in implementation of the RTI Act at the
district level; and in the end, suggests necessary measures for removing road
blocks and also the way forward for effective implementation of the RTI Act.

8.2 NATURE AND AMBIT OF DISTRICT

ADMINISTRATION
The district administration has continued to be responsible for the functioning
of Police, Jails, Revenue, Public Health, Food and Supplies, Social Welfare
and Child Development, Urban Local Governance, Town Planning,
Development and Panchayati Raj and other departments at the cutting edge
of state administration.

Besides for the following areas, district remains as the main operational unit
of governance:

i) District level offices and staff of various departments of state

government and public sector enterprises.
ii) Development agencies like the District Rural Development Agency, the
Panchayati Raj Institutions and the Urban Local Bodies.
iii) Various agencies responsible for Implementing Special Projects/
Programmes for meeting specific objectives.
iv) Officers of the Central Government organisations at the district level.
v) Machinery for the maintenance of Law and Order.
vi) Institutional Credit System.
vii) Cooperative institutions working in various sectors like diary, agriculture
and minor irrigation, etc.
viii)Community Based Organisations.
ix) Trade Channels.

The Chief Minister’s Secretariat and the heads of the various departments in
the State Secretariat have to operate through the district administration for the
implementation of their decisions. Therefore, a transparent working of the
district administration is the basic requisite for good governance for the
people. An effort has been made in this Unit to identify the constraints in the
implementation of the RTI Act in the district administration. However, prior

150


to this, it is essential to describe the main features of the RTI regime, and The RTI Act, 2005:
Constraints in Its
hence, an attempt is being made to do the same. Implementation at the
District Level

8.3 MAIN FEATURES OF THE RTI REGIME

The citizens of India have been empowered by the RTI Act, 2005 to seek
information from the Public Authorities at the Union, State, District and Sub-
District levels (the Sub-Divisions/Tehsils/Talukas) as well as from the
Panchayati Raj Institutions at the District, Block and Village levels (Zilla
Parishad, Panchayat Samiti and Gram Panchayat) and the Urban Local
Bodies (the Municipal Corporation, Municipal Council and Nagar Panchayat)
and the Cantonment Boards, District Rural Development Agencies, Urban
and Rural National Health Missions, and all the Cooperative bodies such as
Central Cooperative Banks and Agriculture Rural Development Banks, etc.
The Act is also applicable to the public authorities, government funded
NGOs and the private institutions, wholly or partially owned, controlled and
directly or indirectly financed substantially by the National or State
Governments. It also empowers the information seekers to seek third party
information as well.

For an effective operation of the Act, it has been made mandatory for all the
public authorities to proactively disclose information about themselves
through their websites, publications and at the public places such as their
notice boards, hoardings and walls, etc. They are also required to maintain
their information in the software as well in a systematic manner so that these
could be accessed whenever demanded by the information seekers.

It has also been made obligatory for the public authorities at the Central,
State and the Sub-state levels to ensure supply of the information by
appointing the Public Information Officers (PIOs), Assistant Public
Information Officers (APIOs) and First Appellate Authorities (FAAs), having
a clear-cut definition of their functions. An appellate mechanism has also
been prescribed at the Central and the State levels through the constitution of
Information Commissions for adjudicating appeals against the orders of
FAAs. These Commissions have also been deemed as independent, non-
judicial authorities. However, they have also been vested with powers of a
Civil Court in the exercise of their role of enquiring into the complaints made
against the information providers by the complainants/information seekers
and to penalise the erring officials for delayed or malafide and erroneous
information. The Commissions can also recommend departmental
disciplinary action against the defaulters.

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Implementation of
the Right to
8.4 AMBIVALENCE IN THE ACT AND ITS
Information Act, FUNCTIONAL PROCESS
2005: Issues and
Challenges
Some glaring deficiencies of the RTI Act have emerged during the past 15
years. These are too glaring to be ignored as these have impeded the desired
implementation of the Act. For example, the term “substantially financed”
has been used in an ambiguous manner. More importantly, even the terms
like “Life and Liberty”, which are the basic requisites of a regime committed
to the establishment of Human Rights regime also remain ambiguous.
Similarly, considerable confusion continues to persist regarding the powers,
roles and responsibilities of the First Appellate Authority because these have
not been clearly explained.

The confusion is further compounded due to overlapping grounds for appeals

and complaints. Moreover, the contempt provisions are conspicuously absent
or remain understated. Complete silence over the time limit for deciding an
appeal by the Information Commission is, undoubtedly, a significant fallacy
that often defeats the very purpose of the law. Last but not the least, the
appointment of Information Commissioners (ICs) too leaves much to be
desired in some instances. They are usually picked up from amongst there
tired bureaucrats for their loyalty rather than on the basis of merit. The
maiden amendment done to the RTI Act in 2019, which has given the power
to determine the salaries, allowances and other terms and conditions of
service of the Central and State Chief Information Commissioners and the
Information Commissioners to the Central Government is also likely to
weaken the Commissions and may adversely affect their neutrality in
discharging their duties.

Check Your Progress 1

Note i) Use the space given below for your answers.

ii) Check your answers with those given at the end of the Unit.
1) Write a note on nature and ambit of district administration.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
2) Discuss the main features and deficiencies in the RTI Act, 2005.
……………………………………………………………………………
……………………………………………………………………………
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…………………………………………………………………………… The RTI Act, 2005:
Constraints in Its
Implementation at the
…………………………………………………………………………… District Level

……………………………………………………………………………

8.5 IMPLEMENTATION OF THE RTI ACT AT

DISTRICT LEVEL: MAJOR CONSTRAINTS
The real importance and necessity of having an effective RTI regime can be
understood in the context of the above stated myriad functions being
discharged at the district level of administration. Only a smooth and earnest
rollout of the law at this cutting edge level can serve the lofty ideals of
accountability and transparency, which have been enshrined in the Act.
Besides the above mentioned hierarchical and procedural pitfalls, there are
large number of other factors that hamper the needed implementation of this
statute. On the basis of the experience of implementation of the RTI Act in
the last 15 years; and findings of various empirical studies that have been
carried out by various NGOs, institutions and individuals, the constraints in
the implementation of the RTI Act at the district level may be summarised as
under:

i) Behavioural Issues

Although the RTI regime has been put into place in all the departments
of the district administration of various states, but they have not been
working as per its spirit. The officials at the district level have so far not
been able to imbibe the culture of transparency which the RTI Act, 2005
sought to inculcate in them. They are still to shed their hackneyed
mindset of confidentiality, and opaque procedures, arbitrariness and lack
of accountability. They are also yet to fully come to terms with the
needed culture of transparency for the empowerment of the citizens by
providing them the information sought. The resistance to new role starts
with the appointment of the State Public Information Officers (SPIOs),
as many unwilling persons are appointed for this role without seeking
their assent.

Almost all the departments of the district administration – barring a few

exceptions – have not been able to get rid of the colonial culture of
secrecy and are rather reluctant to give the desired information to the
information seekers and they merely follow the letter of the RTI Act and
do not follow its true spirit. The SPIOs consider this role as an
additional, and a thankless burden. In this regard, most of them perform
their role rather reluctantly out of compulsion and not out of choice
because they do not get additional financial benefits for these additional
responsibilities.
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Implementation of ii) Lack of Capacity
the Right to
Information Act,
2005: Issues and
The official appointed as SPIO or ASPIO is supposed to have adequate
Challenges knowledge about the Act and its various procedures and processes. The
task cannot be carried out merely by using the commonsense or
administrative experience of general nature. As a matter of fact, they are
mostly found lacking in aptitude as well as incompetence for the
performance of this important role as they have not been subjected to the
needed capacity building by the Training Institutions. The officials are
also reluctant to get training on the RTI Act because they do not want to
be appointed as SPIOs. It has also been observed that these officers also
show reluctance in attending the RTI training programmes, since it adds
to the pendency of their regular deskwork.They are also apprehensive
that they would continue to remain as the SPIO, if they get trained in it.

The ambiguity and lack of clarity in meaning and the implications of

some of the clauses and sub-clauses of the RTI Act and the conflicting
decisions of the Information Commissioners as well as divergent
interpretation by the High Courts in their decisions too have made the
role of the SPIOs rather difficult.

iii) Administrative Issues

The shortage of staff has also affected the efficacy of RTI regime. Some
of the SPIOs lament the frequency of applications, which they feel are
made by some RTI activists for troubling them. Besides, relatively junior
officers in the departments are appointed as the SPIOs who have to
perform their role as per the directions of their superior officers instead
of acting in a judicious and fair manner.

The SPIOs are neither able to get adequate support from their superiors
nor the needed assistance from the ASPIOs and other colleagues for the
performance of their role. They are often not even provided adequate
infrastructure like photocopier, faxmachine, separate office, secretarial
assistance, computers, internet facilities, etc. The culture of
departmentalisation, i.e. tendency of the superior officers to protect their
subordinates instead of hauling them up for the supply of delayed or
incomplete or vague information to the information seekers also prevents
them from performing their role in a judicious manner.

The First Appellate Authorities of the various departments of the district

administration feel burdened by their official duties that they are left with
little time for the application of their mind to the First Appeals made by
the information seekers/appellant against the decision of the SPIOs of
their departments.

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iv) Procedural Issues The RTI Act, 2005:
Constraints in Its
Implementation at the
Above all, the absence of a time limit for deciding the Second Appeal of District Level
the information seekers against the decisions of the First Appellate
Authorities have proved to be a great hurdle in the way of an effective
RTI regime. The divergent and contradicting judgments by them have
further added to the confusion. These have adversely affected the roles of
the SPIOs as well as the information seekers.

To avoid confusion in depositing fee, there should be a Receipt Head in

every Public Authority to which the application fee could be credited.
Instead of the bank drafts prescribed in some of the states, payment
should be allowed through postal orders, cheques, non-judicial stamps
and debit and credit cards of the Banker.

v) Suo Moto Information

The obligation of public authorities under Section 4(1)(b) of the RTI Act,
2005 for self-disclosure of information is being rarely followed. The very
intent of this section was to reduce citizens’ queries by voluntarily giving
the most common and germane information about the particular Public
Authority. But their websites are either non-existent or are not updated.
Even the names, phone numbers and addresses of their SPIOs, ASPIOs
and the appellate authorities are often not put in public domain. The
Public Authorities at the district level have, in some cases, not displayed
the names, contact number, designation and other details of all the three
RTI functionaries, SPIO, ASPIO and FAA on their websites or notice
boards.

vi) Railway Coach Syndrome Psyche

Awareness on the RTI Act has also been suffering from “Railway Coach
Syndrome” wherein the passengers of an overcrowded Railway Coach
are reluctant to let the new passengers get in to it and once a new
passenger gets in, s/he also shows the same behaviour. Similarly, an
official who has undergone training and has knowledge of the RTI Act is
not willing to disseminate the same to others.

vii) Non-Cooperative and Unhelpful Attitude of the SPIOs

As per the mandate of RTI Act’s Section 7(9), ordinarily information has
to be provided in the requested form unless there is disproportionate
diversion of the resources of the Public Authority or it is deemed as
detrimental to the safety of records. Uncanny habit of providing
information in the form of other than requested one, especially allowing
the inspection instead of providing of xeroxed copies, causes a lot of

155

 
Implementation of inconvenience for the information seekers. Moreover, they are also not
the Right to
Information Act, properly assisted or helped by the SPIOs during inspection.
2005: Issues and
Challenges Above all, majority of the people are unaware of the method of drafting
the RTI application as the efforts have not been made by the Public
Authorities to educate the masses despite the mandate under Section 4 of
the RTI Act. At the same time, despite the mandate under Section 6(1)
(b), the SPIOs are also not rendering any help to the ignorant information
seeker in writing down their applications. This has resulted in
considerable hardships for them in filing of the RTI Applications.

viii)Record and Retrieval Issues

The SPIOs are handicapped due to poor maintenance of records and

many a times it is difficult to timely compile the information requested
by the information seekers. If the record is not properly maintained,
unnecessary confusion and tension are faced by the SPIOs in gathering
the required information sought from them under the RTI Act. Then,
there are also some practical problems relating to files pending with the
higher authorities, or have been wrongly classified and indexed. All
these issues become a major problem for the SPIOs, who have to work
against a deadline. This may taint the image of the particular Public
Authority in the eyes of information seekers.

ix) Frivolous Demands

Sometimes the role of SPIOs is also made very difficult by the demands
for information due to ulterior motives such as on account of personal
jealousies or professional or political rivalries among the members of the
staff of their departments.

Besides, the information seeking has also been made the main or a
supplementary profession by some legal practioners and social activists.
Whereas most of the information seekers continue to remain apathetic
towards the RTI regime and are reluctant to perform their duties and
demand their entitlements under the new dispensation on account of
either apathy or ignorance or both.

x) Apathy in Information Seekers

It is pertinent to mention that the information seekers from Below

Poverty Line (BPL) families have been exempted from the payment of
fee and other charges. But this provision is often being misused by
unscrupulous persons, so much so that the BPL information seekers are
being used in some cases by the unscrupulous elements for hiding their
identity and for escaping payment of fee and other charges.

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The RTI Act, 2005:
8.6 EFFECTIVE IMPLEMENTATION OF THE Constraints in Its
RTI ACT: REMOVING ROADBLOCKS Implementation at the
District Level

Certain simple yet concerted steps are needed at various levels to tide over
these problems, which have so far remained a potent impediment in
implementation of free flow of information. The scope of “suo moto”
disclosure of information by public authorities needs to be expanded to
minimise citizen’s resort to the RTI for getting the information needed by
them. Extensive use of Information Technology could also be made for
addressing obligations related to the suo moto disclosures.

There is also the need for substantial role clarity in the RTI mechanism. The
primary responsibilities of RTI implementation should not be left to the
SPIOs alone. The Public Authority and the First Appellate Authority should
also be made accountable in this context. The State Information Commission
should be empowered to ensure that public authorities take initiatives. The
role of the First Appellate Authority should not be confined to mere disposal
of appeals. S/he should also act as a friend, philosopher and guide for the
SPIO. Wherever necessary, the SPIO should be relieved of the extra burden
to enable them to focus on their role as the SPIOs. A separate cadre may be
formed like the other state services at the different levels in the state and
named as Public Information Service. The role of Information
Commissioners should not be limited to deciding the Second Appeals. They
should also be mandated to periodically inspect the offices/ SPIOs and make
surprise checks so that the SPIOs remain alert in the performance of their
duties. The compensation provisions too should be invoked frequently by the
Information Commission against Public Authorities for their failure in this
context.

A three-pronged approach is needed for tackling the problem of

ineffectiveness of the RTI Act. The first is to fine tune procedural
requirements for the disposal of complaints and appeals. The second is to
strictly impose penalties for non-compliance. The third one is that of
systemic addressing of the key problems.

A quick review of the Rules framed under the Destruction of Records Act,
1917 must also be undertaken. Besides, the records of the Government
offices need to be digitised and indexed for easy retrieval. Clear cut
accountability must be fixed for the delays or non-traceability of the lists of
the document.

The Central Information Commission and the State Information

Commissions must use the powers of monitoring and reporting given to them
under Section 25 of the RTI Act for ensuring satisfactory compliance. The
Information Commission also be given a separate set up with adequate staff.
157

 
Implementation of They may also be authorised to engage the services of retired officers and
the Right to
Information Act, renowned members of the Civil Society for assisting them.
2005: Issues and
Challenges Be that as it may, all the information seekers should not be dismissed as
blackmailers as some of them have rendered exemplary service by exposing
the cases of high handedness and corruption. A few of them had also to pay
heavy price for their deeds.

8.7 EFFECTIVE IMPLEMENTATION OF THE

RTI ACT: ROAD AHEAD
i) The Government of India must make suitable amendments in the RTI
Act, 2005 for removing ambiguities, confusion and contractions that
have surfaced during the operationalisation of the RTI regime.
ii) At least, a Gazetted level officer should be appointed as the SPIO. S/he
may be given enough powers and authority to command cooperation in
discharging her/his RTI related role. Competence and aptitude must be
the criteria for appointing the SPIOs in the departments at the district
level. They must be given additional allowance as an incentive for
discharging this responsibility, besides recognition and rewards for
outstanding performance to keep others inspired.
iii) The Deputy Commissioner/Collector/District Magistrate must hold an
annual meeting of the SPIOs and FAAs of the departments preferably on
12th October in commemoration of operationalisation of the RTI Act.
The officials may be encouraged to share their experiences and to
highlight their problems on the occasion for their systemic resolution.
iv) Online programmes/courses may be organised for updating IT skills of
the officers and ministerial staff of various departments in general and
their SPIOs in particular. Inculcation of the aptitude of IT and increased
proficiency in IT skills could go a long way in archiving and retrieval of
records in electronic format. This shall facilitate the work of the SPIOs
and the other deemed PIOs.
v) Most importantly, the RTI should be made a compulsory component of
all the pre-service and in-service training courses for the officers and
functionaries at the district and the sub-district levels for containing the
culture of secrecy. Moreover, special training programmes should be
organised for the Capacity Building of the SPIOs, ASPIOs and FAAs.
vi) Civil society may be involved in creating awareness among the masses
by organising “Awareness Programmes” through Documentaries, Short
films and other modes. The services of folk singers may also be utilised.
The holding of Nukad Nataks too could prove useful in this context.

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vii) The Right to Information may be made a compulsory component of the The RTI Act, 2005:
Constraints in Its
syllabi of social sciences at the middle, secondary and high secondary Implementation at the
District Level
levels. The schools may be encouraged to organise exhibitions, quiz
competition and hold tests for checking the level of awareness of the RTI
among the students and also give prizes to those among them who excel
in these.
viii)Some mechanism also needs to be put into place to penalise those who
misuse this right because the Below Poverty Line (BPL) clause is often
misused for seeking information without making the payment for the
application cost.
ix) While the genuine information seekers need to be encouraged and the
blackmailers must not only be identified but also penalised under various
Sections of IPC for harassing the officials or the colleagues. This is
essential to prevent the misuse of the RTI Act. However, this suggestion
should be carried out with utmost care and sensitivity lest it dissuades
and harasses the genuine information seekers and the public spirited
social activists.

Check Your Progress 2

Note i) Use the space given below for your answers.

ii) Check your answers with those given at the end of the Unit.
1) Highlight the constraints in implementation of the RTI Act at the district
level.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
2) Suggest necessary measures to remove constraints for effective
implementation of the RTI Act at district level.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………

8.8 CONCLUSION
Be that as it may, the representative democracy of India is likely to be
undermined without sufficient information. Transparency and the right access 159

 
Implementation of to information are the two useful instruments that democratic state uses to
the Right to
Information Act, equip the citizens to participate meaningfully in the development process,
2005: Issues and which has undoubtedly been strengthened by the RTI Act. However, it is
Challenges
essential to introduce some correctional changes in those provisions that have
created ambiguity and have made a negative impact on the free flow of
information. The RTI regime needs to be strengthened for cementing the
foundation of Indian Democracy, which has been currently endangered by the
on-slaught of retrograde trends that have come to the fore in the recent times.
It is rather encouraging that the present political dispensation is strongly
committed to it and the public is in no mood to forgive those who are trying
to sabotage the RTI regime. But at the same time, there is an urgent need for
changing the mindset of the bureaucracy and enhancing the capacity of the
masses in this context.

From the above discussion and analysis, it could be concluded that the
district administration needs to be made more accountable, responsive,
responsible, sensitive and people friendly by strengthening of the RTI
regime. It has certainly been able to introduce some degree of transparency.
Still, it is incumbent upon all the stakeholders – the Government of India, the
Government of the states and the District Administrationsto plug the
loopholes and strengthen as well as streamline the RTI regime by removing
ambiguity and confusion regarding some of the clauses and sub-clauses of
the Act. The district level offers the direct interface between the
administration and the people. Unless this base is strengthened, the super
structure shall remain weak. The base could be strengthened through capacity
building and by changing of the colonial mindset. The Prime Minister’s call,
Sab Ka Sath, Sab Ka Vikas (Cooperation from all and the development of all)
can be converted into an actionable reality from a mere rhetoric if we have a
transparent, people friendly and sensitised regime at all levels of the
government.

8.9 GLOSSARY
Appellant: A person who applies against the decision of the SPIO to the
FAA or Information Commission, as the case may be.

Complainant: Complainant is the person, who is aggrieved with non-supply

of information in time or with the behaviour of the information provider /
SPIO.

District Administration: It refers to the official set up of the Government at

the district level.

Information Seeker: Information seeker is a person who applies for

information to the SPIO under the RTI Act.
160


PRIs: It refers to the Panchayati Raj Institutions that are rural local self- The RTI Act, 2005:
Constraints in Its
government institutions, viz., Zilla Parishad, Block Samiti and Gram Implementation at the
District Level
Panchayat.

ULBs: It refers to the Urban Local Bodies (ULBs), which provide civic
services in the urban areas, namely Municipal Corporation, Municipal
Council and Nagar Panchayat.

8.10 REFERENCES
Article 19. (1999). The Public's Right to Know: Principles on Freedom of
Information Legislation. Retrieved from https://www.article19.org/data/files/
RTI_Principles_Updated_EN.pdf

Banisar, D. (2006). Freedom of Information Around the World - A Global

Survey of Access to Government Information Laws. Retrieved from
https://www.humanrightsinitiative.org/programs/ai/rti/international/laws_pap
ers/intl/global_foi_survey_2006.pdf

Central Information Commission.(n.d.). Annual Convention. Retrieved from

https://cic.gov.in/annual-convention

Commonwealth Human Rights Initiative.(n.d.). Right to Information:

International, Member States' Laws and Papers. Retrieved from
https://www.humanrightsinitiative.org/programs/ai/rti/international/laws_&_
papers.htm

DoPT.(n.d.).The Right to Information Act, 2005. Retrieved from

https://rti.gov.in/

Kumar, A. (2003). Background and Perspectives on the Right to Information

in India.June, InfoChange.

Lawrato. (2017). The Right to Information Act is a Powerful Tool. Here’s

How you can Use It to Your Benefit. Retrieved from
https://www.thebetterindia.com/110189/how-to-effectively-use-right-to-
information-act/

Mendel, T. (2008). Freedom of Information: A Comparative Legal Survey

(2nded.). Retrieved from
https://unesdoc.unesco.org/ark:/48223/pf0000158450

Pande, S. & Singh, S. (2008). Right to Information Act, 2005: A Primer. New
Delhi, India: National Book Trust.

Roberts, N. & Roberts, A. (2010). A great and revolutionary law? The first
four years of India's Right To Information Act. Public Administration
Review. 70(6), 925-933.
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Implementation of Roy, J.G. (2006). Right to Information: Initiatives and Impact. Occasional
the Right to
Information Act, Paper. New Delhi, India: Indian Institute of Public Administration.
2005: Issues and
Challenges
8.11 ANSWERS TO CHECK YOUR PROGRESS
EXERCISES
Check Your Progress 1

1) Your answer should include following points:

x Refer Section 8.2
2) Your answer should include the following points:
x Refer Sections 8.3 and 8.4

Check Your Progress 2

1) Your answer should include the following points:

x Refer Section 8.5
x Refer points from Conclusion (Section 8.8).
2) Your answer should include the following points:
x Refer Sections 8.6 and 8.7
x Refer Section 8.8

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* Role of Media
UNIT 9 ROLE OF MEDIA

Structure

9.0 Objectives
9.1 Introduction
9.2 Media, RTI and Good Governance
9.3 Role of Press Council of India in Framing the RTI Law
9.4 RTI, Media and Judiciary
9.5 Role of Media in Promoting RTI
9.6 Importance of the RTI Act for Media
9.7 Appraisal
9.8 Conclusion
9.9 Glossary
9.10 References
9.11 Answers to Check Your Progress Exercises

9.0 OBJECTIVES
After studying this Unit, you should be able to:

x Discuss the importance of media in good governance;

x Describe the role of media in enacting the RTI Act, 2005;
x Explain the role of media in protecting and promoting RTI;
x Examine the role of the RTI Act in performance of media especially in
extracting information; and
x Bring out the challenges for media in accessing the RTI.

9.1 INTRODUCTION
The Right to information Act, 2005, which became fully effective from 12th
October, 2005, is one of the most noteworthy legislations enacted by the
Parliament of India. The Act enables the establishment of an unprecedented
regime of right to information for the citizens of the country. It overrides the
“Official Secrets Act” and similar laws/rules. It strikes at the heart of the
paradigm long practiced by the Government officials and public

Ύ
Contributed by Prof. (Dr) Preeti Misra, Head, Department. of Human Rights, School of
Legal Studies, Babasaheb Bhimrao Ambedkar University, Lucknow, Uttar Pradesh.
163

 
Implementation of functionaries, “confidentiality is the rule and disclosure is an exception”. The
the Right to
Information Act, Act seeks to establish that “transparency is the norm and secrecy is an
2005: Issues and exception” in the working of every public authority. It aims to ensure
Challenges
maximum openness and transparency in the machinery and functioning of the
Government at all levels– Central, State and Local. The media is regarded as
the fourth estate of a democracy. They have the ability to get more reliable
sources of information from the government agencies and create a sense of
social awareness among the people about participatory governance and
development. The media are required to play a crucial role in sensitising
various stakeholders of good governance about the utility and relevance of
new legislation.

The Universal Declaration of Human Rights (Article 19) states, “Everyone

has the right to freedom of opinion and expression; this right includes
freedom to hold opinions without interference and to seek, receive and impart
information and ideas through any media and regardless of frontiers. The
media have an essential role in the development of the Information Society
and are recognised as an important contributor to freedom of expression and
plurality of information”.

In fact, mass media is the most important vehicle for information, knowledge
and communication in a democratic polity. They are pervasive and play a
significant role in shaping societies, and they provide the public sphere of
information and debate that enables social and cultural discourse,
participation and accountability.

They are the most accessible, cost-effective and widespread source of

information and platform for expression. Information is power. The media
can play a crucial role in building an inclusive Information Society based on
knowledge power and its distribution.

The Unit aims to analyse the role and importance of media in governance
through the RTI. This Unit also recognises the contribution of media in
enacting the Right to Information Act, 2005. It reflects how right to
information law helps the media to uncover the “Maladies and Flaws”
prevalent in various organs of the Government, and role played by media to
bring sensitiveness on various issues among the masses having ramifications
on their social life. It deliberates how the RTI Act helps in getting access to
court proceedings and parliamentary processes and how different
Government institutions can be approached for relevant information. Further,
this Unit also analyses the role of media in highlighting the issues of public
importance through the RTI. It brings out its constraints and challenges in
accessing justice for the people. At the end, it suggests that with concrete
efforts and restraint attitude media can help in bringing the RTI regime in
true sense.
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Role of Media
9.2 MEDIA, RTI AND GOOD GOVERNANCE
Let us first understand the meaning of Media and what is comprehended by
freedom of media. The term media covers both, print and electronic media,
including the internet. Even motion pictures are also to be included. So far as
media freedom is concerned, it includes editorial freedom, freedom of
circulation, the freedom to decide volume of the magazine or newspaper and
freedom of means necessary for the exercise of right.

Freedom of expression has four broad social purposes to serve— (i) it helps
an individual to attain self-fulfilment, (ii) it assists in the discovery of truth,
(iii) it strengthens the capacity of an individual for participating in decision-
making, and (iv) it provides a mechanism by which it would be possible to
establish a reasonable balance between stability and social change. “All
members of a civilised society should be able to form their own beliefs and
communicate them freely to others. In a democracy the fundamental principle
involved is the people’s right to know. Freedom of speech and expression
should, therefore, receive a generous support from all those who believe in
the participation of people in the administration” (Indian Express
Newspapers (Bombay) Pvt. Ltd. Vs. Union of India).

Right to Information is a fundamental human right, crucial to human

development, and a prerequisite for the realisation of other human rights:
civil and political rights such as the right to life and liberty, freedom of
expression and equality before the law; and economic, social and cultural
rights such as right to adequate food, right to water, right to highest attainable
standard of health and right to education.

Justice Sawant, speaking in a workshop, remarked, “The Right to Information

should not be seen as an additional subject, but as a means of availing
fundamental rights. Fundamental rights like Article 19 (freedom of speech
and expression) are declaratory in nature and do not provide any means for
their enforcement or implementation. Those who have the means have
availed of these rights so far, in the absence of enabling laws”(CHRI &
YASHADA, 2005).

We all are very much aware of the importance of institutions in social life of
any nation. These institutions help people to come together and work for the
common goal and common good. The two most vital organs of any
institution are transparency and accountability. The Right to Information Act,
2005 mandates establishment of the Central and State Information
Commissions both at the Central and State Government levels respectively.
These are formal institutions, which ensure transparency and accountability
of the government officials; and people can exercise their right to information
through these institutions. On the other hand, Media – the fourth pillar of
165

 
Implementation of democracy is an informal institution, which plays the role of a “monitor”
the Right to
Information Act, amongst different organs of the state and society. Evaluation of the public
2005: Issues and authorities and governance is impossible without factual, current/updated and
Challenges
primary information. The public authorities always guard each information,
with the weapon of Official Secrets Act and with constraints given in the
Constitution. Therefore, the rights of the citizens remain confined. Similarly,
the judiciary has the Contempt of Court provisions and the legislature have
the parliamentary privileges.

The major characteristics of good governance are – participation, rule of law,

transparency, responsiveness, equity and inclusiveness, effectiveness,
efficiency, accountability, strategic vision and consensus-orientation. In order
to ensure transparency in the system, government resolutions must be arrived
at openly in accordance with rules and regulations. The Government must
also ensure that all information should be made available to people as per
section 4(1) of the Right To Information Act, 2005. Besides, it is the
responsibility of “the appropriate Government to compile, in its official
language, a guide containing information, in easily comprehensible form and
manner, as may reasonably be required by a person who wishes to exercise
any right specified under the Act (Section 26(2))”. This guide should also be
made available to all the stakeholders and the media. It is pertinent to point
out that transparency ensures accountability by the public institutions and its
functionaries.

There is a direct relationship between right to information, media and good

governance. With the help of right to information, media can expose
corruption, unfair and restricted trade practices, embezzlement, organised
crime, deplorable conditions of inmates of prisons, shelter homes, mental
asylums, cases of custodial violence, infringement of legal rights of
vulnerable sections of society, etc. With investigative journalism, media can
assure good governance by putting an end to corrupt government practices
and establishing a responsive State. The essentials of good governance –
maintenance of rule of law, freedom of expression, forming association,
people’s participation in administration can be realised if the right to
information is implemented in the right spirit.

The system of Government is very opaque. It is impossible for the journalists

to go into the depth of any matter properly under the possession of
Government and its instrumentalities. But now, with the enactment of Right
to Information, it has become a tremendous weapon for the common people
and the media as well. In order to ensure transparency, a balance has been
struck between the needs of the administration and rights of the media by
allowing them access to court proceedings, live telecast of Parliamentary
proceedings, visit to prison inmates, orphanages, mental asylums and shelter
166 homes for women destitute. Normally, “these institutions cannot be visited in


the same manner and with same ease as one may visit an open exhibition” Role of Media

(Rai, 2011). But, media can enter these institutions and report the findings to
the public at large.

9.3 ROLE OF PRESS COUNCIL OF INDIA IN

FRAMING THE RTI LAW
The media also realised the significance of right to information from the
point of view of good governance and judicious development in India.
Eminent journalists namely, Nikhil Chakravarthy, Kuldip Nayyar, Ajit
Bhattacharjee and Prabhash Joshi visited Beawar to join the RTI campaign of
Mazdoor Kisan Shakti Sangathan (MKSS). They also facilitated national
coverage and enabled the activists of right to information movement to place
the demand in a wider perspective. As a part of its mandate to create
awareness about media related issues, the Press Council of India (PCI) has
been organising seminars and workshops in different parts of the country.
Special reference can be made to the seminars on “Press as a leader of the
Society”, held on March 23-24, 1996, workshop on “Right to Information”
on August 10-11, 1996. The Council celebrated “National Press Day” to
commemorate 30th anniversary of the Press Council by organising two-day
seminar on November 16-17, 1997 in New Delhi on “50 Years of Press
in India” and “Right to Information”.

The first major draft legislation on RTI was circulated by the Press Council
of India in 1996. This bill was ardently endorsed by the RTI activists and
other participants from political parties. The preamble to this draft
acknowledged the fact that the right to information is already ensured under
the Constitution of India as part of the fundamental right to free speech and
expression. Besides, several Supreme Court judgments also support this. The
draft Bill provided for the right of every citizen to information from any
public authority. Significantly, the term “public authority” included not only
the state, as defined in Article 12 of the Constitution, but also all privately-
owned undertakings, non-statutory authorities, companies and other non-state
bodies whose activities affect the public interest. Thus, both the commercial
sector and non-governmental organisations were included in the ambit of this
RTI draft. Certain restrictions were also meant to be imposed on the right to
information, as on fundamental rights in the Constitution. An important
insertion was, “information which cannot be denied to Parliament or the State
Legislature shall not be denied to a citizen”. In the draft, provisions were also
included for imposing personal fines on the public officials for failure to
supply information. Appeal could also be filed in the civil court against
failure or refusal to give requisite information (Sudhir, 2013).

The Press Council of India along with other three collaborators viz., Press
Institute of India, The National Campaign of People’s Right to Information 167

 
Implementation of and Forum for Right to Information organised a seminar on the “Right to
the Right to
Information Act, Information” on 20th February 2000 to press the Government to ensure that
2005: Issues and the Bill on the said subject be introduced soon without any loopholes in the
Challenges
same. In this regard, a resolution containing proposed amendments to the
Bill on the said subject was sent to the Central Government for consideration
(Press Council of India, 2009).

In its advisory role, the Council’s opinion has been regularly sought by
various instrumentalities of the State on legislative measures either in force
or proposed to be introduced. Comments were also sent to the Ministry of
Information and Broadcasting on Constitution Review Consultative
Committee for insertion of Freedom of Press and Freedom of Information as
express Rights in Chapter III of the Constitution.

The Press Council on March 2001, had stated that the Right to Information
legislation is very vital for the media. It stated, “At present, one of the
stumbling blocks in the path of investigative, analytical and popular
journalism is the difficulty in getting access to the official information. The
bureaucracy, the police, the army, judiciary and even the legislature guard
information regarding even the most mundane subjects with astonishing zeal.
Few journalists are able to break this iron curtain of the official non-
cooperation. The Right To Information will encourage journalists and society
at large to make more questioning about the state of affairs and will be a
powerful tool to check the unmitigated goings-on in the public realm and will
also promote accountability. No longer will scribes have to depend on
conjecture, rumour, leaks and sources other than knowledgeable sources. The
legislation, when enacted, will pose an antidote to the vested interest which
try to conceal or misinterpret information or which try to manipulate media
directly or indirectly to plant misinformation. Through this legislation,
transparency in public, professional, social and personal sphere can be
achieved” (Legal Junction, 2011).

Check Your Progress 1

Note: i) Use the space given below for your answers.

ii) Check your answers with those given at the end of the Unit.
1) Discuss the relationship between media, right to information and good
governance.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………

168 ……………………………………………………………………………


2) What has been the role of Press Council of India in enacting the Right to Role of Media

Information Act, 2005?

……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………

9.4 RTI, MEDIA AND JUDICIARY

Media is defined as the fourth estate and it makes any idea or plan global by
its propaganda feature. When an individual or NGO seeks any information
and gets it, it is confined only to the seeker of information. But if media gets
any information through the RTI or makes any disclosure, it plays a vital role
by spreading awareness about that information or event. It is the media,
which popularises and tells us everything happing across the country or in the
world. Democratic participation presupposes enough knowledge of the facts
relating to the working of government and its instrumentalities.

In the leading case of SP Gupta v. Union of India (AIR 1982 SC 149), Justice
P.N. Bhagwati stated, “the citizens’ right to know the true facts about the
administration of the country is one of the pillars of democracy. The right to
information has been recognised by the Supreme Court as fundamental right
implicit in Art. 19(1) of the Indian Constitution which includes freedom of
press also. He further remarked that 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” The “role of media is very significant in
achieving the free, fair and real democracy as it puts an additional check on
the three official branches – the executive, the legislature and the judiciary”
(New York Times Co. v. United States). Media provides a forum for free
political discussions for the proper functioning of the processes of a popular
government and helps in building a strong viable society. Media also
influences public opinion and strengthens principles of democracy. The
media has now assumed the role of public educator making formal and non-
formal education possible in a large scale particularly in a developing country
like India.

In Hamdard Dawakhana v. Union of India (AIR 1960 SC 554), the Supreme

Court maintained that the freedom of speech involves the right to impart and
acquire information. In Sakal News Papers (AIR 1962 SC 305), the Supreme
Court admitted that restriction on circulation of newspapers amounts to
denial of right to information. It was held, “the right to impart and receive
information from the electronic media is a part to right to freedom of speech 169

 
Implementation of and expression.” In the case of State of UP v. Raj Narain (AIR 1975 SC
the Right to
Information Act, 865), the Supreme Court stated, “The people of this country have a right to
2005: Issues and know every public act, everything that is done in a public way by their public
Challenges
functionaries. They are entitled to know the particulars of every public
transaction in all its bearings”.

Media was always aware about the right to information, as in Bennet

Coleman & Co Vs Union of India ((1972) 2 SCC 788), a leading newspapers
publisher challenged the Government’s policy of restricting the availability
of news prints. In its decision favouring the petitioner, the Supreme Court
declared, “freedom of speech includes within its compass the right of all
citizens to read and be informed and also held that the right to information is
included within the right to freedom and speech of expression guaranteed by
Article 19(1) (a) of the Constitution”. A dissenting opinion in the same case
noted, “the fundamental principal involved here is the people's right to
know”.

In Printers (Mysore) Ltd. v. Assistant CTO ((1994) 2 SCC 434), the Supreme
Court held, “...the freedom of press has always been a cherished right in all
democratic countries”. The Court further observed, “freedom of the press is
not so much for the benefit of the press as for the benefit of the general
community because the community has a right to be supplied with
information”.

In another landmark case of Secretary, Ministry of I & B, Government of

India v. Cricket Association of Bengal (1995) the Supreme Court held, “The
freedom of speech and expression includes right to acquire information and
disseminate it. Freedom of speech and expression is important for self-
expression and it enables people to contribute to debates on social and moral
issues. It is the only vehicle of political discourse so essential to democracy.
The right to communicate, therefore, includes the right to communicate
through any media that is available whether print or electronic or audio-
visual such as advertisement, article, speech, etc. This is why freedom of
speech and expression also includes freedom of press. The freedom of press
includes right to circulate and also to determine the volume of such
circulation. It also includes the freedom to communicate or circulate one’s
opinion without interference to as large a population in country as well as
abroad, as possible to reach”.

In the case of Election Commission of India v MR Vijaya Bhaskar (LL 2021

SC 244), the Supreme Court held, “the media coverage of court hearings was
part of freedom of press, had a bearing on citizens’ right to information and
also on the accountability of the judiciary”. The Court emphasised,
“Freedom of speech and expression extends to reporting proceedings in
judicial institutions as well”.
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Role of Media
9.5 ROLE OF MEDIA IN PROMOTING RTI
Media is a powerful and essential tool in providing information without
restriction to the public at large, which is an important requirement for the
functioning of a democratic system of a country. People are unable to take
part in the affairs of the country, if they are ignorant of the actions of their
government. Media is an important medium for the people to know about the
activities of their government.

Media plays a very important role in realising the objectives of the RTI Act.
It monitors public distribution system, delivery of goods and services by
invoking provisions under the RTI Act. Media acts like a bridge between the
community and public authority by generating awareness and capacity
building through the right to information.

The activist role of media can bring about changes in the lives of the people
by making them aware of their rights and entitlements towards government
schemes and benefits. Besides, media can organise debates and discussions to
stimulate critical thinking on public spirited issues and thus, can create
pressure for improving government performance. Investigative media brings
out cases of corruption, fraud, waste, inefficiency, favouritism, abuse of
power and the like. The media can also play an important role in
development and poverty alleviation programmes. It can empower people by
becoming their voice and fulfilling their aspirations. It can raise human right
issues on various national and international forums. People can also approach
media to make their voices heard by the authorities.

Dennis Mcquail (1980) has described media “as engine of change”. It has a
transformative role too, it can make people rid of their prejudices and social
malpractices. Through RTI, its impact can be seen in highlighting the issues
like global warming, genetic engineering, animal testing, deforestation
practices, nuclear testing and environmental legislations. The media can be
effective not only in preserving freedom but also in furthering it.

Free media is a pre-requisite for good governance. The World Association of

Newspapers (WAN), the global organisation of the world’s press has long
argued, “a free and unfettered press is a positive force for accelerated and
equitable socio-economic development. It held that the predominance of free
and independent press accompanies economic growth and human
development. In countries with free press, human development indicators
such as school enrolment, teacher-pupil ratio, pupil performance, infant
mortality, maternal mortality, nutritional status of women and children, etc.
tend to fare better than countries with restrictions on press and freedom of
information”. The work of the Nobel Laureate, Amartya Sen has even
established a link between active media and the avoidance of disasters like
171

 
Implementation of famines. “The role of media as a watchdog of the government and the
the Right to
Information Act, corporate sector, a transmitter of new ideas and information, a voice of the
2005: Issues and poor, a safeguard against the abuse of power and neglect of the socially
Challenges
vulnerable, and a builder of public consensus to bring about change is
pervasive”(UK Essays, 2017).

In India, press is not absolutely free since they have some reasonable
restrictions under Article 19(2) of the Indian Constitution, which makes the
RTI an important tool for the journalists. As press freedom is partial the
media can use the RTI to get information about the government. The RTI
enables media to expose corruption, inefficiency or mal-administration of the
government. Under the RTI Act, 2005 the media as well as citizens can
demand “government information pertaining to any of its departments,
photocopies of government contracts, payment, estimates, measurement of
engineering works, government certified samples of materials used in
construction of roads, drains, buildings, to inspect any public development
work that may be under construction or is completed, to inspect Government
documents– construction drawings, record books, registers, status of requests
or complaints, details of time delays, actions taken on Information
Commission’s decisions, etc.”.

Article 19(1) of the Indian Constitution gives the citizens of India the right to
freedom of speech and expression. But this right will be said to be incomplete
if it does not include access to information. Right to receive and impart
information is an integral part of Article 19(1) but this also comes with
reasonable restrictions under clause (2) of Article 19.

The RTI is considered vital for the media and it is an endeavour for the media
to be watch dog for the society. It has encouraged the media and the society
to think at large and ask questions about state affairs and promoting
accountability. The Media can play a very constructive and vital role in the
governance process of the country, providing information to the citizens and
creating awareness about the RTI Act, 2005. It acts as a catalyst on
implementation of the Act, by acting in its role as the fourth pillar of the
democracy. It gives voice to the citizens, acting as a watchdog on their
behalf.

The only block in the path of journalism has always been not getting access
to official information but the RTI Act, 2005 has solved this problem. Yet,
there are some government authorities, which have been adamant in denying
information by claiming exemptions using various circulars of government
departments and court orders. So, it is important for the media to play a good
and honest role of a mediator between the government and the citizens to
provide information by carefully interpreting facts and evidences while
digging out the truth. The media must be free of any bias or favouritism and
172


should consider its independence as a valuable asset for the citizens making Role of Media

itself to be an agent of empowerment for the society (Law Bhoomi, 2020). If

the people find confusion in seeking information, media can explain it very
well and can also bring about the essence of the RTI Act to them.

It is a very common thinking in Indian mindset that like other Acts, the RTI
is also a puppet in the name of democracy, because when they seek any
information either it is not given in stipulated time or refused. But, the credit
goes to the media in popularising the fact. Such news items in the media
create inclination of people towards the RTI. It is well known now that the
RTI has given real power in the hands of Indians after the independence.
Today, the RTI is a weapon to realise the dreams of democracy in India. In
2009, RTI Awards were launched by the Public Cause Research Foundation
(PCRF) with the Hindustan Times as Media Partner for those who displayed
exemplary commitment to the RTI (Hindustan Times, 2009).

9.6 IMPORTANCE OF THE RTI ACT FOR

MEDIA
The RTI Act, 2005 is a very important tool for journalists, especially in a
country like India where the Press is not absolutely free. If Press freedom is
partial, then journalists can use RTI to get important information from the
State and Central Governments. The RTI Act of 2005 made it mandatory to
give information to those parties who had successfully filed the RTI to
government bodies, after paying a prescribed fee. It mandates timely
response to any citizen seeking information from the government.

The RTI is considered important for journalists because without this

important tool, they would never be able to go in-depth. Even the Press
Council has stated that the Right to Information Act is vital for the media
and its endeavour to be a watchdog of the society. There are few journalists
who are able to break the iron curtain of the official non-cooperation.

The RTI has surely encouraged journalists and society to think large
and ask more questions about the affairs of the state and promote
accountability. Today, the journalists are no longer required to go by the
words of people or rumours. Through RTI, transparency in public affairs
can be achieved. Various states across India have a good response to the
RTI. This reflects the slow but steady momentum that RTI is gaining.
Information is considered to be the oxygen of democracy, where people live
freely and information serves greater good. There is direct relationship,
which exists between RTI, informed citizen and fair governance. The Right
to information gives citizens an opportunity of being informed.

173

 
Implementation of The RTI provides the most genuine form of information. In this regard, with
the Right to
Information Act, the advent of RTI, journalists are no longer required to simply rely on their
2005: Issues and personal contacts. Now, news can be more impartial and objective. The RTI
Challenges
is now considered to be a very powerful source of information. It is not only
easy to use but it is also reliable, and as such, the editors would hardly
question the authenticity of the data obtained through the RTI. In
investigative journalism also, it is very important as it provides new leads to
curious investigative reporters. It is to be noted that in earlier days,
journalists were denied information but today they can obtain the required
information through the RTI. Instead of believing rumours, the media can
now study the acquired government documents to make their story more
credible and interesting. Thus, it is clear that the RTI as a tool stands
important to all branches and forms of journalism. It will contribute in
developing better relationship between the information seeker and
information provider. It is believed that without the RTI, journalists would
not have been able to get hard hitting stories, which make people to think
and ask questions from the authority.

An RTI regime can enable credible, evidence-based and factual reporting on

key issues of public interest. It can enable the media to expose mal-
administration, corruption and inefficiency and to propagate stories and
instances relating to accountability, transparency, effective administration
and good governance. By using the RTI Act, the media can play an important
role in highlighting issues related to public service delivery and the efficacy
and accountability of public officials. Under the RTI Act, the journalists and
reporters, like citizens, can demand information from the Government
pertaining to any of its departments, photocopies of Government contracts,
payment, estimates, measurements of engineering works, the certified
samples of materials used in the construction of roads, drains, buildings, etc.
It can inspect any public development work that may be still under
construction or completed, inspect Government documents – construction
drawings, record books, registers, quality control reports. It may also demand
status of requests or complaints, details of time delays, action taken on
Information Commission’s decisions, etc. (AIR 1975 SC 865).

In a workshop, Justice Sawant remarked, “with the right to information on

their side, the media need no longer depend on questionable sources of
information, and can use RTI Act to access credible and authentic
information. This legislation is a powerful tool in the hands of the media to
get the required information within a definite time period by applying for it.
The right to information heralds a new age of investigative and authentic
journalism” (CHRI & YASHADA, 2005).

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i) Access of Media to Court Proceedings Role of Media

Right of speech and expression including that of the press can be limited
both to accommodate the special needs of administration of justice, and
special claims of the legislative chambers as part of their legislative
privileges. As far as the access of media to court proceeding is
concerned, it is guided by Sections 4 and 7 of the Contempt of Courts
Act, 1971. Normally, the administration of justice is carried on in open
court and with regard to such proceedings the rule under Section 4 states,
“one would not be guilty of contempt for publishing a fair and accurate
report of such proceedings or any stage thereof”.
In Rajgopal v State of Tamil Nadu, a two-judge bench of the Supreme
Court held, “such matters as had become part of official records were not
immune from press comment nor could their publication by the press be
prevented. But this right of the media is subject to the exception†, “a
female who is the victim of a sexual assault, kidnap, abduction or a like
offence should not further be subjected to the indignity of her name and
the incident being publicised in press/media” (1994 6 SCC 632).
In a recent judgment in Election Commission of India v MR Vijaya
Bhaskar (LL 2021 SC 244), the Supreme Court held, “Freedom of
speech and expression extends to reporting proceedings in judicial
institutions as well. Courts are entrusted to perform crucial functions
under the law. Their work has a direct impact, not only on the rights of
citizens, but also the extent to which the citizens can exact accountability
from the executive whose duty is to enforce the law. Citizens are entitled
to ensure that courts remain true to their remit to be a check on arbitrary
exercises of power. The ability of citizens to do so bears a direct
correlation to the seamless availability of information about what
happens in a court during the course of proceedings. Therein lays the
importance of freedom of the media to comment on and write about
proceedings”.
ii) Access of Media to Legislative Proceedings
Though actually parliamentary proceedings are televised in India, to
allow or not to allow access to legislative proceedings is considered a
part of parliamentary privilege.

†
Section 7 of the Contempt of Courts Act, 1971 deals with the publication of proceedings
held in chambers or in camera. It allows fair and accurate reporting of such proceedings,
subject to following exceptions-(a) where the publication is contrary to the provisions of any
enactment for the time being in force; (b) where the court, on grounds of public policy or in
exercise of any power vested in it, expressly prohibits the publication of all information
relating to the proceeding or of information of the description which is published; (c) where
the court sits in chambers or in camera for reasons connected with public order or the
security of the State, the publication of information relating to those proceedings; and (d)
where the information relates to a secret process, discovery or invention, which is an issue in
proceedings. 175

 
Implementation of iii) Access of Media to Other Public Institutions
the Right to
Information Act, Generally, media is not allowed to enter prisons, orphanages and shelter
2005: Issues and
Challenges homes within Government control, to report the conditions of inmates.
But, on the basis of several court decisions it can be inferred, “a limited
right to visit physically non-strategic government administered public
institutions like prisons, protective homes and lunatic asylums by
representatives of the press, welfare organisations like legal aid
committees, and academics doing social sciences research in the area are
allowed to visit these institutions. It is assumed that any such right will
have to be compatible with the requirement of the functioning of such
institutions and will have to be especially subject to regulations made by
the concerned authority with regard to time, manner and number of visits
permitted. It will also have to be compatible with the privacy claims of
the inmates of such institutions. But it cannot be argued that such a right
amounts to any encroachment on any executive prerogative or secrecy.
After all, such institutions need to be administered under regular public
gaze and scrutiny” (Rai, 2011).
In Sunil Batra v Delhi Administration, the horror of Tihar Jail was
brought out by two inmates of the Jail itself. But the poor conditions of
Bihar Jail, shelter homes and other mental asylums have been brought to
public notice by resourceful investigative journalists, NGOs or other
public spirited persons. We can refer to two other cases. In State v
Charulata Joshi (1999 4 SCC 65), a two judge bench of the Supreme
Court laid stress on the point that prayer for permission to visit a prison
to interview prisoners should not be granted as a routine matter, that the
court must know if the prison authorities had any objections, and that it
should pass an order along with usual directives with a view to ensure
that the visitors did not upset the administrative routine of the prison.
Then there is another case, M. Hasan v. Government of A.P. (AIR 1998
AP 35), where Division bench of the Andhra Pradesh High Court asked
the authorities to reconsider their earlier order refusing the petitioners
permission to interview two condemned prisoners contemplating to make
the interviews part of a documentary. In this case, the court took it as an
established part of the right to speech and expression under Article 19
(1)(a) that people should be allowed to visit prisons and interview
prisoners subject to such restrictions as could be imposed under Article
19(2).
In Smt. Prabha Dutt v. Union of India ((1982) 1 SCC 1 : AIR 1982 SC
6), a three-judge bench presided over by Chandrachud, C.J., allowed the
application of a few press correspondents to interview the convicts
Ranga and Billa, provided they were willing — in a manner causing least
inconvenience to the prison authorities. To be specific, the press people
176


were to get themselves searched in accordance with prison rules, were Role of Media

expected to take not more than an hour, and all the press correspondents
were to interview together.
In the subsequent decision of the Court in Sheela Barsev. State of
Maharashtra ((1987) 4 SCC 373), “a limited right of access was
expressly recognised”. The petitioner, a freelance journalist, wanted to
interview women prisoners. The permission was granted, but objection
was raged against tape recording of the interview and subsequently the
permission granted was revoked. The Supreme Court emphasised the
necessity for the exercise of an independent vigil on the working of
prisons because “Prison administrators have the human tendency of
attempting to cover up their lapses and so shun disclosure there
of”. Rangnath Misra, J, emphasised on the importance of the right to
know in a democracy. But he, cautioned that the right of access to
information could not be absolute as it had to be subject to reasonable
regulations. For example, interviews could not be forced on an unwilling
prisoner and a person might be refused permission to interview a
particular prisoner for special reasons. Moreover, information received
from interviews had to be cross-checked with prison authorities so that
the public might not be fed with false and misleading information.
In a significant verdict on 17th March, 2021, the Kerala High Court has
“directed the Kerala Police to publish in its official website the details of
police officers who have been found guilty of corruption or human rights
violations. It ruled that the Police cannot shield the names of officers
who have been found guilty or dismissed from service on charges of
corruption or human rights violations”(WP(C). No.5274 OF 2020 (H)).

9.7 APPRAISAL
Freedom of speech and expression along with right to access information are
mandatory for the responsive, transparent and accountable democratic
government. If people are ignorant of what is happening around them and if
they do not know the things which are necessary for their well-being and if
information is withheld from reaching them, then they cannot take part
properly in the affairs of the society and nation. Access to information is very
important for good governance and for the well-being of the people living in
any legal system. The Freedom of Information Act, 2002, was enacted by the
Indian Parliament to bring transparency and accountability in administration,
which was later on repealed and the Right to Information (RTI) Act, 2005
took its place. The RTI Act authorises Indian citizens to seek information
from a Public Authority, to make government and its authorities accountable
and responsible. Besides this formal source of information, there are other
informal sources of information and the media is one of them. The preamble 177

 
Implementation of to the Act “provides for setting out the practical regime of right to
the Right to
Information Act, information for citizens to secure access to information under the control of
2005: Issues and public authorities, in order to promote transparency and accountability in the
Challenges
working of every public authority, the constitution of a Central Information
Commission and State Information Commissions”. However, media is the
strongest tool for accessing information. It has to be very responsive and
responsible to the interests of the citizenry. It is media, which can highlight
cases of corruption and other wrong doings in the society and for securing
justice to the people. It can intrude into Government activities and processes
to facilitate good governance. It is the statutory (Section 2(j)) “right of every
citizen to access information held by or under the control of public
authorities”. But the information sought by an individual serves his/her own
interest, whereas information sought by media serves the interests of a large
segment of society. In recent years, media along with social media has been
very active in eliciting information from different quarters in order to provide
socio-economic and political justice to the people belonging to different
segments of the society. Even authorities themselves, due to active and
positive media reporting, are resorting to self-disclosure of information. The
media has been successful in creating right regime for information seekers
with the help of active judiciary and right to information law. However, the
independence of the media can be fragile and easily compromised in the
absence of right environment in terms of freedoms, capacities, and checks
and balances. In the hands of media, the RTI Act is an additional tool to
expose corruption and inefficiency of administration, which should be used
with restraint.

Check Your Progress 2

Note: i) Use the space given below for your answers.

ii) Check your answers with those given at the end of the Unit.
1) “Freedom of speech and expression includes freedom of press”.
Elucidate and refer to case laws.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
2) Analyse the role of media in facilitating the right to information.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
178


3) How enactment of the RTI Act, 2005 has helped media in accessing Role of Media

information from public institutions? Explain.

……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………

9.8 CONCLUSION
The above discussion on the role of media both in accessing information and
helping in the delivery of information for fulfilling the social needs, reiterates
the fact that the media, whether print, electronic or mass media, is the most
significant means of information in a populist government. The Media has
universal approach and plays an important role in establishing an accountable
and responsive government and equitable society. Sincere execution of
development projects, environment protection and safeguarding of interests
of deprived sections of society is possible only with the availability of
information. The social dimension of right to information has been perceived
by the judiciary by recognising that freedom of press is at the core of social
and political discourse and a key role player in the process of social
transformation. In present times, media being “the accessible, cost-effective
and widespread source of information and platform for expression” can
perform a vital role in building an informed society. But the fact is that media
has not utilised much the Right to Information Act for eliciting information
from the public authorities. It can play a productive role in the governance by
utilising the core provisions of the Act. The media is an important link
between the citizens and government. Freedom of media is a facet of the
people’s right to information. It empowers the citizens by articulating the
needs and aspirations of the people. As a community watchdog, the media
should perform its role in furtherance of public interest.

9.9 GLOSSARY
Fundamental Human Right: It refers to a group of rights that have been
recognised by a high degree of protection from encroachment. The
Constitution of India generates– i) Right to equality, ii) Right to freedom,
iii) Right against exploitation, iv) Right to freedom of religion, v) Cultural
and educational rights, and vi) Right to constitutional remedies as the
fundamental rights to Indian citizens.

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Implementation of Political discourse: Discourse is spoken or written communication between
the Right to
Information Act, any two persons or groups, between media and political leaders, between
2005: Issues and political parties and movements, between state and union governments or
Challenges
between government and civil society. Here, political discourse refers to the
formal exchange of reasoned views.

9.10 REFERENCES
(1972) 2 SCC 788. Retrieved from https://indiankanoon.org/doc/125596/
(1982) 1 SCC 1 : AIR 1982 SC 6. Retrieved from https://indiankanoon.
org/doc/671310/
(1987) 4 SCC 373. Retrieved from https://indiankanoon.org/doc/6004/
(1994) 2 SCC 434. Retrieved from https://indiankanoon.org/doc/1484835/
1994 6 SCC 632. Retrieved from https://indiankanoon.org/doc/501107/
1999 4 SCC 65. Retrieved from https://indiankanoon.org/doc/113845/
AIR 1960 SC 554. Retrieved from https://indiankanoon.org/doc/591481/
AIR 1962 SC 305. Retrieved from https://indiankanoon.org/doc/243002/
AIR 1975 SC 865. Retrieved from https://indiankanoon.org/doc/438670/
AIR 1982 SC 149.Retrieved from https://indiankanoon.org/doc/1294854/
AIR 1998 AP 35. Retrieved from https://indiankanoon.org/doc/702752/
Bakshi, P. M. (2020). The Constitution of India (17th Ed.). Delhi, India:
Universal Law Publications.
Basu, D.D. (2018). Introduction to the Constitution of India (18th Ed.).
Nagpur, India: Lexis Nexis Butter Worth’s Wadhwa Group.
Biju, M.R. (2009). Dynamics of Modern Democracy the Indian Experiences.
New Delhi, India: Kanishka Publishers.
CHRI & YASHADA. (2005). Report of the Workshop on The Right to
Information and the Media: Past Experiences and Future Possibilities.
Retrieved from
http://www.humanrightsinitiative.org/old/programs/ai/rti/india/workshops/wk
sp_rep_on_rtiact05_pune.pdf
Elliott, C.M. (2003). Civil Society and Democracy: A Reader. New Delhi,
India: Oxford University Press.
Hindustan Times. (June 01, 2009). First ever RTI awards. Retrieved from
https://www.hindustantimes.com/india/first-ever-rti-awards/story-
wJAHMpNiuHdVAzhZJFc8YJ.html
Indian Express Newspapers (Bombay) Pvt. Ltd. v. Union of India, (1985) 1
SCC 641: AIR 1986 SC 515 Retrieved from https://indiankanoon.
org/doc/223504/
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Joshi, A.S. & Gupta, A.D.(2001). Your Right to Information. New Delhi, Role of Media

India: Commonwealth Human Rights Initiative.

Law Bhoomi.(2020). Role of Media in Promotion of Right to Information.
Retrieved from https://lawbhoomi.com/role-of-media-in-promotion-of-right-
of-information
Legal Junction. (2011). The Legality and the Reality – Role of Media and the
Right to Information. Retrieved from https://www.legallyindia.com/views/
entry/the-legality-and-the-reality-role-of-media-and-the-right-to-information
LL 2021 SC 244. Retrieved from https://www.livelaw.in/pdf_upload/eci-v-
mr-vijayabhaskar-media-gag-madras-hc-oral-remarks-392978.pdf
Mander, H. & Joshi, A. (1999). The Movement for Right to Information in
India: People’s Power for the Control of Corruption. New Delhi, India:
Commonwealth Human Rights Initiative.
Mathur, B.P. (2005). Governance Reform for Vision India. New Delhi, India:
MacMillan India Ltd.
Mcquail, D. (1980). Mass Communication Theory, An Introduction. London:
Sage Publications.
Mishra, N. (2003). People’s Right to Information Movement: Lessons from
Rajasthan. Retrieved from https://www1.undp.org/content/dam/india/
docs/people_right_information_movement_lessons_from_rajasthan.pdf
Naib, S. (2012). The Right to Information Act, A Handbook. New Delhi,
India: Oxford University Press.
New York Times Co. v. United States, 403 Us 713 (1971) known as
Pentagon Paper Case; New York Times Co. v. Sullivon,376 US 255 (1964).
Retrieved from https://supreme.justia.com/cases/federal/us/403/713/
Press Council of India. (2009). RESUME’- Press Council of India. Retrieved
from https://presscouncil.nic.in/OldWebsite/NEW%20RESUME_11_12_09.
htm
Rai, U.R. (2011). Fundamental Rights and their Enforcement. New Delhi,
India: PHI Learning Private Ltd.
Roy, A. (2019). The RTI Story, Power to the People. New Delhi, India: Roli
Books, Pvt. Ltd.
Sudhir, N. (2013). The Right to Information in India. New Delhi, India:
Oxford Press.
The Universal Declaration of Human Rights. Retrieved from
https://www.un.org/en/about-us/universal-declaration-of-human-rights
UK Essays. (2017). Media: Promoting and Protecting Right to Information.
Retrieved from https://www.ukessays.com/essays/media/media-in-
promoting-and-protecting-right-to-information-media-essay.php
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Implementation of WP(C). No.5274 OF 2020(H). Retrieved from https://indiankanoon.
the Right to
Information Act, org/doc/178536465/
2005: Issues and
Challenges
9.11 ANSWERS TO CHECK YOUR PROGRESS
EXERCISES
Check Your Progress 1

1) Your answer should include the following points:

x There is a concrete link between media, right to information and good
governance in ensuring accountability and transparency in
administration. Through the right to information media can point out
cases of corruption and other wrongs; and can facilitate people in
accessing justice. Refer Section 9.2
2) Your answer should include the following points:
x Press Council of India was the first to prepare a draft for the RTI
legislation in India. Many of its provisions were given space while
legislating the RTI Act, 2005. Refer to Section 9.3

Check Your Progress 2

1) Your answer should include the following points:

x In the leading case of SP Gupta v. Union of India (1982), the
Supreme Court recognised the right to information as a fundamental
right implicit in Article 19(1) of the Indian Constitution, which
includes freedom of press also. Refer Section 9.4 for other
judgments.
2) Your answer should include the following points:
x Media is very strong tool in facilitating the right to information for
public good. It highlights malaise and corruption in the working of
governance and keeps a check on the functioning of the public
authorities. Refer to Section 9.5, for more details.
3) Your answer should include the following points:
x Enactment of the RTI Act, 2005 has helped media in accessing
information from public institutions specially those, which are under
the Government control such as prisons, mental asylums, shelter
houses etc. The media has also reported Parliament and court
proceedings for the advantage of the people. Refer Section 9.6, for
more details.

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 Role of Civil Society
UNIT 10 ROLE OF CIVIL SOCIETY Organisations

ORGANISATIONS*

Structure

10.0 Objectives
10.1 Introduction
10.2 Meaning, Importance and Role of Civil Society
10.3 History of Civil Society Movements in India
10.4 Role of Civil Society Organisations in the Evolution of RTI
10.5 Government Initiatives in Enacting the RTI Act, 2005
10.6 Appraisal
10.7 Conclusion
10.8 Glossary
10.9 References
10.10 Answers to Check Your Progress Exercises

10.0 OBJECTIVES
After studying this Unit, you should be able to:

x Discuss the genesis of Right to Information movement in India;

x Explain the role and importance of civil society in law-making;
x Illustrate the role of civil society organisations in the evolution of right to
information;
x Examine the initiatives in enactment of the Right to Information Act,
2005; and
x Describe the value of democratic principles in the governance.

10.1 INTRODUCTION
Right to information is an inalienable right in a democracy. Good governance
and right to know are complementary to each other. The RTI enhances the
quality of governance by ensuring transparency and accountability in
administration, which is the sine qua non of participatory democracy. The

Ύ
Contributed by Prof. (Dr) Preeti Misra, Head, Dept. of Human Rights, School of Legal
Studies, Babasaheb Bhimrao Ambedkar University, Lucknow, Uttar Pradesh.


183

 
Implementation of democracy is regarded as the people-oriented system of governance. It has to
the Right to
Information Act, be built on the foundation of informed, enlightened and empowered citizens.
2005: Issues and Democracy becomes vibrant, if the people assert their rights and privileges
Challenges
on the basis of their awareness about constitutional provisions, human rights
and developmental opportunities. Information is a resource and instrument,
which facilitates active participation of people in the process of development.

The world has witnessed a great movement for right to information since it
contains the statutory provisions for the effective implementation of the
informative aspects of democratic form of governance. In 1946, the United
Nations General Assembly recognised that “Freedom of Information is a
fundamental human right and the touchstone for all freedoms to which the
United Nations is consecrated”. Soon after, the right to information was
given international legal status, when it was enshrined in Article 19 of the
International Covenant on Civil and Political Rights. The spirit of Universal
Declaration of Human Rights, 1948, Preamble to the Constitution of India
and Article 19(1) (a) emphasises the freedom of speech and expression. The
Constitution provides the freedom of expression as the government must be
transparent, accountable and responsible in a civil society. The right to
information is an intrinsic part of fundamental right to free speech and
expression. The RTI Act empowered Indian citizens to obtain information
from public authorities. The Government of India enacted the Right to
Information Act, 2005. The present RTI Act in India is the product of
longstanding collective struggle against arbitrariness and corrupt government
officials. Democracy requires an informed citizenry and transparency of
information, both of which are vital to its functioning. These attributes of
democracy contain corruption and hold the governments and their
instrumentalities accountable to the governed. The Right to Information Act,
2005, received Presidential assent on 15th June 2005 and came into force on
12th October 2005. The RTI enactment marked a new and higher level of
evolution of India's parliamentary democracy. The enactment of the
legislation was the result of a variety of factors, both international and
domestic. Though the struggle was long and arduous yet, the people's
movement succeeded in getting a law on RTI enacted. The enactment of the
Right to Information Act has been widely recorded as a victory of Indian
democratic process.

The present Unit traces the circumstances, struggle and efforts, which were
involved at the grassroots level to make RTI a reality in India. This Unit also
illustrates the process that went behind the enactment of the present the Right
to Information Act, 2005. It contemplates on the active role played by the
people's groups in getting the RTI formally recognised in India.

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Role of Civil Society
10.2 MEANING, IMPORTANCE AND ROLE OF Organisations
CIVIL SOCIETY
Civil society is the society driven by people themselves. It has its origin in
ancient times although the understanding and meaning have changed over a
period of time. The Roman word societas civilis was the root word of it having
a synonymity with a good society. It was Hegel, the German philosopher who
had coined the term civil society and the meaning of it that we understand
today. In a civil society, people voluntarily come together to achieve the desired
objective of welfare of the society or to raise the problems of people before the
state. Basically, the voids of the state can be rightly filled by the civil society.
The term civil society was originally used to describe popular movements in
the society. With the passage of time it has expanded to embrace diversity of
spaces and non-state actors like; non-governmental organisations self help
groups, business associations, social movements and groups of special
interests. Antonio Gramsci says, the word “civil society” has emerged in the
18th century and become a buzz word in 20th century with an altogether new
conceptualisation – a self-regulated society, free from political interference
and assuming a separate and viable entity. The notion of civil society today is
commonly identified with a non-statist set of institutions that stand for
serving the interest of the people at large (Biju, 2009). The Civil societies are
defined as the sum of people who come together and organise themselves
around common interests.

The Civil society has an autonomous space, which is independent of the state
and government from where citizens keep watch on the state or do whatever
they want to do independently of the state. It is recognised as a non-party
political sphere, where individuals come together and form associations
voluntarily to promote public good. The Civil society refers to self-organised
associations and social movements that may (or may not) attempt to
influence power-holders that comprise parties and other contestants for
power in political institutions. It makes democratic government more
effective. Without changes in the state, civil society cannot itself bring about
democracy. There must be some form of state withdrawals to provide civil
society organisations with protected space to grow and freedom to negotiate
their differences (Elliott, 2003).

Civil society is very important term today and any discussion on democracy
and human rights is incomplete without taking into consideration the concept
of civil society. A democracy needs a strong civil society to ensure that all
organs of the government function within the parameters of the constitution.
It is necessary for all round development of the society. The Civil Society
Organisations (CSOs) can influence the government policies and can build a
sense of community based on trust and mutual respect. So the civil society
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Implementation of plays an important role in shaping and reshaping the society. It also acts as a
the Right to
Information Act, link between the people and government. “In actual practice, where
2005: Issues and government fails or political parties miss the opportunity, the civil society
Challenges
should fill the space, come up to the expectations of the people, especially the
marginalised and deprived segments of the society” (Kumar, 2011).

Civil Society Organisations are non-state, not for profit, voluntary entities
formed by people in the social sphere that are separate from the State and
market. The CSOs represent a wide range of interests and ties. They can
include community-based peoples’ organisations as well as Non-
Governmental Organisations.

Check Your Progress 1

Note: i) Use the space given below for your answers.

ii) Check your answers with those given at the end of the Unit.
1) Discuss the importance of right to information in good governance.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
2) Explain the term civil society and its role in bringing right to information
regime in India.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………

10.3 HISTORY OF CIVIL SOCIETY

MOVEMENTS IN INDIA
The most powerful civil society movements in Indian history, which were led
by citizens were Swadeshi movements of 1905. Probably one of the most
significant movements in Indian history, Satyagraha brought thousands of
people together in a peaceful way. The non-violence movement started by
Mahatma Gandhi to send the Britishers back to their country and leave India
free of foreign rule eventually got success. Silent Valley Protest (an
evergreen tropical forest in the Palakkad district of Kerala), in 1973 brought
186


many activists and people together. The protest was focused on stopping the Role of Civil Society
Organisations
valley from being flooded by a hydroelectric project. Chipko Movement, saw
people protesting against deforestation by hugging trees to stop them from
being cut. Protests started in the early 1970s when a group of women
opposed the cutting down of trees and brought thousands of people across
India in support of their green movement for saving the environment.

In Jungle Bachao Andolan of 1980s, when the government decided to replace

the natural sal forest with highly valued teak, the tribals of Bihar came out in
a large number to protest against this decision. Having started in Bihar, the
movement spread to other states such as Odisha and Jharkhand. Very famous
Narmada Bachao Andolan of 1985 against a large number of dams being
constructed near Narmada River brought a large number
of adivasis, farmers, environmentalists, and human rights activists together.
Many prominent celebrities and people went on hunger strikes to show their
support for the cause. In 1990s emergence of various people’s movements led
by the Mazdoor Kisan Shakti Sangathan (MKSS), resulted in a concerted
effort towards the enactment of the Right to Information Act, 2005.

The Anti-Corruption Movement for Jan Lokpal Bill of 2011, led by social
activist Anna Hazare brought together a huge number of people, making it a
one of its kind event in decades. Nirbhaya Movement of 2012 created stir in
India, when tens of thousands of people signed a petition protesting against
the incident of gang rape in the Capital city of Delhi. This people’s
movement forced the government to announce several steps to ensure the
safety of women and led to overhauling of the Criminal Law Reforms in
2013.†

10.4 ROLE OF CIVIL SOCIETY

ORGANISATIONS IN THE EVOLUTION OF
RTI
The institution of civil society is not alien to India. We have a long history of
civil society organisations in India. The roots of civil society in India date
back to the ancient and medieval periods. “Caste Panchayats”, village
“Panchayats”, or “trade associations” all illustrate forms of local institutions.
These institutions remained untouched by the changes of the political
dynamics and were autonomous from state control.‡ After independence of
India, people were dejected as the government could not meet people’s needs
and aspirations. Irresponsiveness of the state towards citizen’s malaise
resulted in the mushrooming of non-state actors in the country. With growing
disenchantment of the common man with the government and its incapacity

†
https://www.thebetterindia.com/18248/most-powerful-social-citizens-movements-in-
india/Accessed on 16 May 2021
‡
Ibid., p. 56. 187

 
Implementation of to respond to diverse interests and expectations of the people alienated poor
the Right to
Information Act, and the marginalised from the elite dominated institutions of the government.
2005: Issues and Consequently, civil society came to occupy an important place in the space
Challenges
created between the aspirations of people and the institutions of the
government (Mathur, 2005).

The Civil societies in India have been in the forefront in mobilising public
opinion and suggesting changes in public policies through various modes.
The success of public policy is largely dependent on the effective response of
civil society. Its role is crucial and catalytic insofar as it can make the people
aware about their constitutional and other statutory rights. Many policy
initiatives in India are based on active and participatory role of civil society
actions, local representatives, organisations, government departments and
private investors. The RTI Act provides a backbone for such initiatives on the
part of civil societies. The Civil society groups have to function as
information houses for the people, helping them to access and demystify
government data. They need to analyse the information access to highlight its
significance (Power to the people, 2005).

The empowerment of civil society is an essential requirement for improving

governance as well as strengthening democracy in India. After the enactment
of the RTI Act, the country has made great strides in empowering its civil
society and the Act has become one of the important pillars of good
governance and democracy. The term “civil society” includes all those
citizens who are able to use the RTI Act, RTI activists and NGOs who come
forward to make citizens aware about their rights.

In India, the concept of access to information is older than the secrecy

regime. India has been traditionally an open society. But the British Rule
established here the culture of secrecy leading to apathetic attitude of staff in
offices to people’s demand for information. The Official Secret Act of 1923
expressly forbids the dissemination of most information and most of the
public documents are kept out of reach of the citizens. The colonial legacy of
bureaucratic and government control over official information continued
even after India became independent.

Interestingly, though India adopted Parliamentary form of government as per

Constitutional mandate, which is indirectly represented by its people. But
instead of the birth of representative democracy, it was its subsequent failures
that gave birth to civil society organisations to strive for the transparency
regime. There was an urge amongst the people to move towards participatory
democracy so that they may have a say in the governance of the country.

Various stakeholders were a part of the struggle for the right to access
information that was inherently the public’s but was kept away from them. In
188 the 1990s the rural poor’s basic economic rights and access to government


schemes were a burning question and concern. Several movements with their Role of Civil Society
Organisations
impactful leaders like Anna Hazare, Arvind Kejriwal, Nikhil Dey, Anchi,
Shanker Singh, Shailesh Gandhi, Aruna Roy and others strived to achieve the
right to information for them. The relevance and importance of transparency
came into the spotlight on a national platform when small, regional
movements for right to information at the state levels brought to the
forefront, how landless workers in rural areas were being cheated and not
paid their full wages. The paymasters were government officials who claimed
that the workers had worked for less days than they actually had. They could
not challenge the claim as access to the attendance register in which they had
affixed their thumbprints every day they worked was denied to them, on the
pretext of being “confidential government records”.

Another group of information seekers comprised of activists working for the

benefit of the society in conflict prone areas of India. They joined hands to
fight for transparency in the system of governance, and for the human rights
of various deprived individuals and groups. Their main argument was that
their efforts to prevent felonious detentions, human rights abuses etc. were
forestalled because they were denied access to the relevant information.

Some were supporters of environmentalists, concerned about the rapid

destruction and degradation of the environment. They propagated their
purview of the importance of access to the details of information regarding
any developmental measures being taken, and its environmental impact. In
1985 many applications were filed in the Supreme Court by environmental
NGOs following the Bhopal gas tragedy, asking for access to information
relating to environmental hazards. Significant others in the fight for
transparency were various professionals, especially journalists, lawyers,
academicians, and some retired and serving civil servants. (Stuti,
http://www.legalserviceindia.com/legal/article-323-evolution-and-
development-of-the-right-to-information-act-in-india.html).

Move towards fundamental Right to Information

In India, though the demand for greater transparency in government began in

the initial decades after independence, these demands were not very
consistent and were concerned with specific issues and events. However, it
was only in 1975 that the clear enunciation of the fundamental right to
information was seen in the State of UP v. Raj Narain & Ors ((1975) 4 SCC
428), wherein the Supreme Court of India ruled, “In a government of
responsibility like ours where all the agents of the public must be responsible
for their conduct, there can be but a few secrets. The people of this country
have a right to know every public act, everything that is done in a public way
by their public functionaries. They are entitled to know the particulars of
every public transaction in all its bearings”.
189

 
Implementation of The idea of information as a right received further incentive in S.P. Gupta v.
the Right to
Information Act, Union of India (AIR 1982 SC 149) when the SC held the right to information
2005: Issues and to be a fundamental right and made the following observation:
Challenges

“The concept of an open Government is the direct emanation from the right
to know which seems implicit in the right of free speech and expression
guaranteed under Article 19(1) (a). Therefore, disclosure of information in
regard to the functioning of Government must be the rule, and secrecy an
exception justified only where the strictest requirement of public interest so
demands. The approach of the Court must be to attenuate the area of secrecy
as much as possible consistently with the requirement of public interest
bearing in mind all the time that disclosure also serves an important aspect
of public interest”.

Further in People’s Union for Civil Liberties (PUCL) & Another v. Union of
India ((2004) 2 SCC 476), while dealing with the question of whether right to
freedom of speech and expression under Article 19(1)(a) includes voters’
right to know relevant particulars of their candidates such as assets,
qualification, and involvement in offence for whom they are going to vote?
Answering this question, the Supreme Court held, “The common people of
this country should have the basic elementary right to know the full
particulars of a candidate who is to represent them in Parliament. The right
to get information in a democracy is recognised all throughout, and it is a
right flowing from the concept of democracy”.

In spite of repeated recognition by the Supreme Court of India that the RTI is
a natural right flowing from the concept of democracy, there was very little
effort by the government to institutionalise this right through an appropriate
legislation. RTI began to receive attention only when people’s groups began
to work in rural India. Through grassroots mobilisation, building coalitions
and strong advocacy, it exerted pressure on government to bring about RTI
legislation.

i) Role of Mazdoor Kisan Shakti Sangathan

In 1990s the emergence of various people’s movements spearheaded by
the Mazdoor Kisan Shakti Sangathan (MKSS), headed by four human
rights activists-Nikhil Dey, Anchi, Shanker Singh and Aruna Roy, led to
a concerted effort towards institutionalisation of RTI.
The MKSS is an Association for the Empowerment of Labourers and
Farmers. It is a people’s organisation best known for its demand for
the Right to Information Act, which grew out of the demand for
minimum wages for workers (Mohan, 2009). The origins of the Indian
RTI movement lie in Devdungri, a tiny place located in central
Rajasthan, which soon became a meeting point for the people who were
190


concerned about social discrepancies and did not know how to confront Role of Civil Society
Organisations
the local elite and the officials.
From the early 1990s, the MKSS had started a grassroots movement in
the rural areas of the state of Rajasthan, demanding access to government
information on behalf of the wage workers and small farmers who were
often deprived of their rightful wages in state development projects or
their just benefits under government drought relief as well as equitable
distribution of rationed items under the Public Distribution System
(PDS). The MKSS transformed the RTI movement “as demand for free
access to information became an important aspect in the context of
minimum wages” (Naib, 2012). What was till then mainly a movement
pushed by a few activists and academicians metamorphosed into a mass
movement that quickly spread not only across the state of Rajasthan but
in most of the country. It was mainly as a result of this rapid spread of
the demand for transparency that needs to formulate a national RTI
legislation began to be felt.
During their long struggle for RTI, which was being denied under the
excuse of the Official Secrets Act, 1923, the MKSS identified the
method of Public Hearings or Jan Sunwai as a suitable measure to voice
their demand for RTI. In Jan Sunwais or Public Hearings detailed
documents were derived from officials, expenditure records were read
aloud to the people of the villages who gathered. These Jan Sunwais
were organised independent of the government but government officials
were also invited to attend. In the form of a hearing, people were invited
to give their testimonies, which often revealed differences between
official records and people’s experiences. The first Jan Sunwai by MKSS
was held on 4th December 1994, in Kot Kirana in Pali District of
Rajasthan demanding transparency in all development funds, a large
portion of which was being misused by corrupt bureaucrats and
government agencies. The MKSS’ campaign demanded transparency of
official records, a social audit of government spending and a redressal
machinery for people who had not been given their due. The campaign
caught the imagination of a large cross-section of people, including
activists, civil servants and lawyers (Reddy, 2006).
Through several public hearings or Jan Sunwais in the districts of
Rajsamand, Pali, Ajmer and Bhairon, the MKSS exposed systemic
corruption across Rajasthan, but no result came out. The then Chief
Minister of Rajasthan too did not fulfil his promise of right to
information. Hence, on 5th April, 1996, the MKSS announced a strike
(Dharna) in the city of Beawar in Ajmer, Rajasthan (Roy, 1996). The
MKSS’ forty days long dharna (sit in protest) became historic to demand
the Right to Information. Protestors came from across rural Rajasthan to
191

 
Implementation of the city of Beawar. The novelty of this protest was the demand for
the Right to
Information Act, information by the poor instead of expected basic needs like food and
2005: Issues and shelter. During the protest, a memorandum was given to the Sub-
Challenges
divisional Officer at Beawar demanding local expenditure records.
The protest began with support from over one hundred and fifty villages.
It was supported by donations of grain from these villages and
individuals in Beawar. Almost forty-six thousand rupees were donated to
keep the protest going. Nearby vegetable vendors, donated to the
protestors and provided them food and water. Doctors offered their
services. Local people joined in and walked with the rural protestors. The
people of Beawar embraced the protest and began to make it their own.
The protest was marked by cultural expression including song, theatre
and puppetry. Local cultural groups joined in. These included a group of
devotional singers (Bhajan Mandali) who would sing parodies of
devotional songs in support of the demands of the protestors. Bagpipers
and local poets also joined in. Local cadres of trade unions also lent their
support (Mishra, 2003).
As the protest gained momentum, people began to visit Beawar from
across the country to see the extraordinary happenings that were taking
place in this small city in Rajasthan. Journalists, lawmakers, and artists,
amongst many others came to the city of Beawar. Senior journalists, who
visited, include Nikhil Chakravartty, Kuldip Nayar, and Prabhash Joshi.
Prabhash Joshi wrote a historic editorial in the Jansatta newspaper
entitled “Hum Jaanenge, Hum Jiyenge” (We will know, we will live).
This title became a slogan of the RTI movement in India and was
modified to assert the sovereign rights in a democracy with the slogan
“the right to know is the right to live” (Roy, et.al., 2010 ). After forty
days dharna, which ended on 16th May 1996, a committee was appointed
by the Rajasthan Government under Mr Arun Kumar to look into the
benefits and risks related to the free access to documents of the local
administration. The Committee submitted its report on 30 August 1996,
but its report was not made public. Hence, more Jan Sunwais and
dharnas followed (Naib, 2012).
The Beawar dharna of 1996 led by the MKSS, where the notion of
campaign was born, manifested three basic principles for the need of
right to know. The first was the right to transparency of accounts and
records along with accountability of the government to its people. The
slogan “Our money, our accounts; Hamara Paisa Hamara Hisab”
summarised the need for RTI. Second was recognition that the legal
entitlement for the right should be drafted, framed and owned by the
people after public debate. The third and most important was the
democratic accountability of an elected political government to its people
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(Roy, 2019). The movement, which began from Beawar got solidarity Role of Civil Society
Organisations
and support from people from all over the country.
The Beawar Dharna put the RTI campaign on the national map. It also
laid the foundation for the nationwide demand for a strong RTI
legislation. Need for RTI legislation was the focus of discussion in a
meeting held in October 1995, at the Lal Bahadur Shastri National
Academy of Administration (LBSNAA), Mussoorie. This meeting,
attended by activists, professionals and administrators alike, took
forward the agenda of setting up an appropriate national body.
ii) Role of National Campaign for People’s Right to Information
In August, 1996, a meeting was convened, appropriately at the Gandhi
Peace Foundation, in New Delhi where the National Campaign for
People’s Right to Information (NCPRI) was born. Its founding members
included social activists, senior journalists, lawyers, professionals, retired
distinguished civil servants and academicians, and one of its primary
objectives was to campaign for a national law facilitating the exercise of
the fundamental right to information. Along with MKSS, other
organisations, which took active interest in this campaign were Lok Satta
in Andhra Pradesh, Parivartan and Press Council of India in Delhi. The
NCPRI also vigorously advocated for the removal of the Official Secrets
Act, 1923.
The NCPRI adopted mixed tactics to ensure success. While it developed
allies within the state, it also derived its power from sustained public
pressure from a vigilant and mobilised citizenry. This involved public
hearings or Jan Sunwais to compare official records with actual services
provided by village committees or panchayats, as well as state and
national level meetings and conventions of activists. The NCPRI also
organised journeys or yatras involving a caravan of activists, ordinary
villagers and students travelling from place to place with the RTI
message, which they communicated through songs and sketches. The
movement also printed newsletters in Hindi and English, and received
media attention. Although the NCPRI leadership sought to distance itself
from the international neo-liberal agenda on transparency and
accountability, it also indirectly benefited from it. The prevailing
ideology of economic liberalisation, with its critical view of state
intervention, prompted greater openness among some government
officials about the failure of service delivery and governance, and the
need for greater accountability.
In 1997 the campaign for RTI quickened at both the national and state
level. The NCPRI became a broad-based platform for struggle to access
information and it forced the Rajasthan Government to pass a law on the
Right to Information. The Government of Rajasthan realised the 193

 
Implementation of importance of right to information and passed a Right to Information law
the Right to
Information Act, on May 1, 2000, which became effective from June 2000. The Act in
2005: Issues and Rajasthan gave the citizens a legal entitlement to seek and receive
Challenges
information on any sector of governance.
The NCPRI took up the task of formulating an objective for a national
law on the right to information and for this purpose it drafted an RTI Act.
Once drafted, this draft bill was sent to the Press Council of India (PCI),
which was headed by a sympathetic Chairperson, Justice S.B. Sawant,
who was a retired judge of the Supreme Court of India. The Press
Council examined the draft bill and suggested a few additions and
modifications. The revised bill was then presented at a large conference,
organised in Delhi, which had among its participants, representatives of
most of the important political parties of India.
iii) Anna Hazare’s Struggle against Corruption
Anna Hazare, a social activist, who has fought and struggled for many
civil rights in the favour of citizens of India also took stride against
corruption. He began his struggle against corruption on 11th March, 1995
in the government offices. On 6th April, 1995, he chose Azad Maidan,
Mumbai for launching his agitation for the right to information
legislation in India. He gave a memorandum to the government on 12th
January, 1998 containing demand for right to information for doing away
with corruption from Indian society. He criticised the Congress–NCP
government in Maharashtra for their laxity in formulating the Right to
Information Act. Again in 2001, he started a silent agitation along with
his supporters to pursue his demand for right to information. He wrote a
number of letters to various authorities in Central and State governments
advocating the cause of right to information. Finally, he went on a fast on
9th August, 2003 at the Azad Maidan in Mumbai, which led to mass
movement for right to information. Kneeling under pressure the
Maharashtra Government enacted the Right to Information Act, 2002 to
ensure good governance.
The movement of Anna Hazare soon gathered strength for a Central
legislation on RTI with other social activists like Aruna Roy, Arvind
Kejriwal, Shailesh Gandhi, Prakash Kardaley demanding a law for
transparency and accountability in India. Historic all India Anti-
Corruption Movement for Jan Lokpal Bill of 2011, led by Anna Hazare
also strengthened the fight against corruption and demand for all India
legislation guaranteeing fundamental right to information.
iv) Commonwealth Human Rights Initiative Campaign for RTI
In 1987, several Commonwealth professional associations founded
Commonwealth Human Rights Initiative (CHRI). It is an independent,
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non-partisan, international non-governmental organisation with a Role of Civil Society
Organisations
mandate to ensure the practical realisation of human rights in the
countries of the Commonwealth. The CHRI opines that the right to
information provides a basic link between various human rights and
hence advocates for the promotion of its perspective in all
commonwealth countries. In mid-1997, when important developments
were taking place both at the grassroots level and on the legislative front
for RTI, CHRI also started a country-wide debate on the issue. It came
out with a series of publications targeting masses at different levels to
help them by simplifying the issues.
“Civil society groups brought together by CHRI initiated a campaign to
educate people about the operation of the right and to activate the
government orders by filing applications for information” (Mander &
Joshi, 1999). The CHRI also conducted a number of workshops and
other small meetings, mostly at the regional level but also nationally and
internationally. The participants were from different background and
included NGO representatives, academics, lawyers and jurists, youth
groups and students, media workers, bureaucrats, and people from other
walks of life. The workshops were designed to have feedback on the
information needs of people, problems of access to information and what
people expected from the prospective law. Certain practical issues were
also discussed in the workshops.
The CHRI had also been involved both at Central and state level
initiatives for enacting right to information legislation. It played an active
role, especially in the States of Madhya Pradesh, Delhi, Karnataka and
Rajasthan in their efforts for institutionalising the RTI. The CHRI
campaign brought together all stakeholders working in furtherance of the
RTI. It also brought together different actors working at different levels,
both within the civil society as well as with the government. The CHRI
played a prominent role in the enactment of RTI Act by suggesting some
vital changes in the RTI Bill, which was placed by the NCPRI before the
Parliament.
v) Campaign of Consumers Education and Research Centre (CERC)
and Other Small Groups
The consumer rights protection movements in India have also been
concerned with the lack of transparency with regards to matters that
affected consumer rights. Consumers were being duped by
manufacturers and sellers due to defects in goods and deficiency in
services, because they had no right to reasonable examination of goods
they purchased or the information about the services due to standard
forms of contracts, where terms and conditions are pre-determined.
Consumer Guidance Society of India, Consumers Education and 195

 
Implementation of Research Centre (CERC), Grahak, Panchayat and others were involved
the Right to
Information Act, in consumer rights movement. One of their demands was for right to
2005: Issues and information in consumer affairs. They had also formulated an Access to
Challenges
Information Bill 1996. In early 1980s, the CERC in Ahmadabad
conducted research in freedom of information laws in other parts of the
world, especially of the USA and Canada. On the basis of its research,
the CERC drafted legislation, which was introduced in Parliament as a
private member’s Bill. The CERC also held a series of workshops on the
issue of consumer welfare and consumer rights to spread consumer
education in the masses.
Other smaller groups and movements, which were struggling for other
various causes had also invoked the right to information in their
advocacy. Panchayat Bachao Abhiyaan, an informal movement in Bihar
and Jharkhand, wanted local elections to be held, making the connection
between the importance of political representation and citizens’
entitlements. They were demanding right to information legislation as
part of their voter education programmes.
Some Non-Governmental Organisations have reinforced the demand for
right to information by holding “transparency fairs” in their
organisations, throwing open their own records. This was a unique
process as the first reaction of the governments to demands for
transparency is often to accuse NGOs, especially those receiving foreign
finds, for lack of integrity and openness. In Goa, the Right to Information
issues were raised by journalists, later on backed by civil society groups
also. The media also supported the movement for the right to information
by giving frequent coverage to RTI movement. During the CHRI
campaign on the issue of RTI, both on State and local level media,
including radio and television, had covered the issue frequently relating
it to local concerns.

Check Your Progress 2

Note: i) Use the space given below for your answers.

ii) Check your answers with those given at the end of the Unit.
1) Analyse the role of MKSS, NCPRI and other civil society organisations
in developing right to information in India
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
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2) What do you understand by public hearing or Jan Sunwai? Discuss its Role of Civil Society
Organisations
role in the movement for right to information.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………

10.5 GOVERNMENT INITIATIVES IN

ENACTING THE RIGHT TO INFORMATION
ACT, 2005
The first major draft legislation on RTI, was prepared by the Press Council of
India. The Press Council draft affirmed in its preamble that the right to
information is already protected under the Constitution as an aspect of the
fundamental right to free speech and expression, in line with a number of
superior court rulings. The draft affirmed the right of every citizen to
information from any public body. Significantly, the term public body
included not only the state, as defined in the Constitution, but also all
privately-owned undertakings, non-statutory authorities, companies and other
non-state bodies whose activities affect the public interest. Thus, both the
commercial sector and non-governmental organisations were included in the
ambit of this draft. The draft did provide for a limited number of restrictions
on the right to information, in line with those allowed in relation to other
fundamental rights. These included where disclosure would prejudicially
affect the sovereignty and integrity of India, the security of the state and
friendly relations with foreign states, public order, investigation of an
offence, or where disclosure would lead to incitement to an offence. Bonafide
grounds of individual privacy and trade and commercial interests were also
included as exceptions. The draft also provided for personal fines for failing
to provide information and for appeals to the local civil judiciary against a
failure or refusal to supply the requested information (Naib, 2012).

The NCPRI then sent this much debated and widely supported bill to the
Government of India, with a request that the Government consider urgently
converting it into a law. In response, the Government of India set up a
Working Group under consumer activist late Sri H.D. Shourie. The Shourie
committee was given the responsibility of examining the draft of the RTI Bill
and making recommendations that would help the Government to
institutionalise transparency. The committee worked fast and presented its
report to the Government within a few months of being set up and came up
with its own draft of the RTI Act (Jain, 2006).
197

 
Implementation of This draft, after extensive discussions, was sent to the Government of India.
the Right to
Information Act, This was a very diluted version of the Bill first drafted by the NCPRI and
2005: Issues and others in 1996. Therefore, inevitably, the draft Bill, based on the
Challenges
recommendations of the Shourie committee, was referred to the
Parliamentary Standing Committee, which gave its recommendations in
2002. Thereafter the Freedom of Information Bill, 2000 was introduced in
Parliament in 2002. This Bill was deficient in many respects, including its
limited scope (specifically, the exclusion of private bodies from coverage),
the breadth of its exemptions, the failure to include a public interest override
of exemptions, the absence of an effective independent appeals mechanism
and the failure to include public education and monitoring provisions (CHRI,
2004 ). These shortcomings were to be remedied as a priority, if the Act was
to effectively serve its purpose.

In spite of the fact that the provisions of the Bill were weak in many respects,
it was passed in December, 2002. The Bill received President’s assent on
January 2003 as the enactment of the Freedom of Information (FOI) Act
2002. The Act had the provision that it would come into effect from the date
notified. Interestingly, despite being passed by both houses of Parliament and
having received Presidential assent, this Act was never notified and therefore
never became effective.

The second convention of NCPRI was held in Delhi in 2004, and again was
attended by over a thousand delegates from all over the country. Over thirty
workshops were organised as a part of the convention to discuss the use of
RTI in different areas of work and governance. The NCPRI also organised a
public hearing in Bhopal, in 2002, around the proposed Maheshwar Dam on
the Narmada River. Three to four hundred people, mainly from among those
who were affected by the project, attended this public hearing.
Representatives of S. Kumars, the company building the project, also
participated.

New political opportunities facilitated the passage of the RTI Act, 2005.
National elections were announced in 2004, and the “strengthening” of the
RTI Act included in the manifesto of the Congress Party. In May 2004, the
Congress Party came to power as a part of a United Progressive Alliance
(UPA) coalition government, and the UPA formulated a “Minimum Common
Programme”, which again stressed for the RTI. In June 2004 the Government
constituted a National Advisory Council (NAC) under Mrs. Sonia Gandhi to
see the implementation of the common minimum programme. The Council
suggested important changes to be incorporated in the FOI Act. However, the
UPA Government decided to repeal the FOI Act, 2002 and enact a new
legislation. In August 2004, the NCPRI forwarded to the National Advisory
Council a set of suggested amendments to the Freedom of 2002. These
198 amendments, designed to strengthen and make the 2002, Act more effective,


were based on extensive discussions with civil society groups working on Role of Civil Society
Organisations
transparency and other related issues and were in response to the undertaking
given by the UPA Government, in their Common Minimum Programme, that
the Right to Information Act will be made more progressive, participatory
and meaningful. The Supreme Court had also in a public interest litigation
case (CENTRE FOR P.I.L. & ORS. vs. UOI & ANR., W.P(C) 637/1998),
pursued by Prashant Bhushan on behalf of the NCPRI, set a deadline of
September 15, 2004 for the Central Government to issue notification on the
Right to Information Act.

The NAC endorsed most of the suggested amendments and recommended

them to the Prime Minister of India for further action. The RTI Bill was
tabled in the winter session of the Parliament in December 2004. However,
this bill, as introduced in Parliament, had many weaknesses. 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 immediately referred to the Standing Committee and to a Group of
Ministers for examining it and making recommendations thereon. The final
report of the Standing Committee was tabled in the Lok Sabha in March,
2005. Ultimately, 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 Right to
Information Bill, 2005 was passed by the LokSabha on 11th May, 2005 and
by Rajya Sabha on 12th May 2005 and it received the assent of the President
on 15th June, 2005. It came on the Statute Book as THE RIGHT TO
INFORMATION ACT, 2005 (22 of 2005). The full Right to Information Act,
2005 came into force within 120 days of its enactment, that is, on 12th
October, 2005. Since then, the RTI Act has been used to fight corruption at
various levels of administration and to bring good governance in India.

Check Your Progress 3

Note: i) Use the space given below for your answers.

ii) Check your answers with those given at the end of the Unit.
1) Discuss the circumstances, which played crucial role in enactment of the
Right To Information Act, 2005.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
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199

 
Implementation of
the Right to
10.6 APPRAISAL
Information Act,
2005: Issues and The making of the Right to Information Act of India in 2005 has been widely
Challenges
recorded as a democratic process. Present Unit analyses how the interests of
different stakeholders converged democratically into the formation of a law.
The Civil Society Movement for RTI enactment is an example of
consultative and collaborative law-making processes involving multi-
stakeholders. The real movement for right to information originated from the
grassroots level. Right to information was demanded in the similar way, as
other rights of work or right to minimum wages were demanded by the
common people for the sustenance of their life. The movement started by
MKSS was further strengthened by other people’s movement such as NCPRI,
Anna Hazare’s Movement against corruption and Consumer organisations’
struggle for right to information. The Movement was also supported by the
Press Council of India and Commonwealth Human Rights Initiative, to lead it
towards its desired result. The Civil Society Organisations fight for the RTI
Act is also reflective of the fact that when consultations are held with
particular focus on those who are likely to be most affected by the proposed
law and if their feedback is incorporated, it becomes vital in the direction of
policy and law-making.

10.7 CONCLUSION
India’s transparency law Right to Information, enacted on 12th October 2005,
is one of the most powerful legislations to have come into force. Its
recognition involves a long history, but it was only in the 1990s that the
struggle demanding legislation really took off. In Rajasthan, some of the
labourers working on daily wage basis were deprived of their minimum
wages. The Mazdoor Kisan Shakti Sangathan, a non-political organisation
came forward to help them. Through MKSS a number of Jan-
Sunwais (public hearings) were held for creating awareness at various places
in Rajasthan. The movement was joined by social activists from other parts
of the country too, demanding a law for transparency and accountability.
Before the enactment of Central legislation in 2005 many states of India have
enacted their own RTI Acts.

Though the movement began at the grassroots level, its impact was felt in all
parts of the country. The NCPRI joined as a support group to do advocacy on
RTI at a national level. Even the CHRI & CERC too joined the fray for RTI
legislation in India. The NCPRI prepared a draft in 1996 and sent it to the
Government with the support of Press Council of India. The Government
referred the draft Bill to Mr. HD Shourie Committee. Since RTI activists
were not satisfied with the Shourie Committee report, it was referred to a

200


Parliamentary Standing Committee. Ultimately Freedom of Information Act, Role of Civil Society
Organisations
2002 was passed, but could never be notified.

When UPA Government came to power in 2004, it brought a Common

Minimum Programme including a promise to make the Right to Information
Act. This rare opportunity was utilised by the NCPRI to get a stronger law
that gave recognition to people’s access to information as a right. It can be
concluded that the consultative approach adopted by civil society
organisations with real stakeholders lastly culminated into successful
enactment of the RTI Act, 2005.

10.8 GLOSSARY
Jan Sunwai / Public Hearing: It refers to a Hindi phrase, which means
“Public Hearing”. It is like an informal court composed of local people as its
judges wanting accountability; there is no system of penalising involved. Jan
Sunwai is a democratic way to familiarise the local people with the
government policies and the activities of the public authorities so that they
can understand what the government is doing towards the development of
their communities.

NAC: The National Advisory Council (NAC) of India was a body set up by
the first United Progressive Alliance (UPA) government to advise the Prime
Minister of India. NAC, a 14 member committee comprised of ex-
bureaucrats, members of civil society, academicians and lawyers. The Prime
Minister of India, in consultation with cabinet ministers, appointed the
members. Their role was to help in drafting legislation. The NAC has been
instrumental in drafting the Right to Information Act and the National Rural
Employment Guarantee Act.

10.9 REFERENCES
(1975) 4 SCC 428. Retrieved from https://indiankanoon.org/doc/438670/
(2004) 2 SCC 476. Retrieved from https://indiankanoon.org/doc/516862/
AIR 1982 SC 149. Retrieved from https://indiankanoon.org/doc/1294854/
Biju, M.R. (2009). Dynamics of Modern Democracy: The Indian
Experiences. New Delhi, India: Kanishka Publishers.
CENTRE FOR P.I.L. & ORS. vs. UOI & ANR., W.P(C) 637/1998. Retrieved
from https://indiankanoon.org/doc/104097615/
CHRI. (2004). Detailed Analysis of the Indian Freedom of Information Act
2002 & Recommendations for Amendments. Retrieved from
https://www.humanrightsinitiative.org/programs/ai/rti/news/india_foi_act_an
alysis_for_mps.pdf
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Implementation of Elliott, C.M. (2003). Civil Society and Democracy: A Reader. New Delhi,
the Right to
Information Act, India: Oxford University Press.
2005: Issues and
Challenges Jain, R.B. (2006). Opening Government for Public Scrutiny: A Critique of
Recent Efforts to make Governance in India more Transparent and
Accountable. Indian Journal of Public Administration. 52(3), 56.
Kumar, A. (2011). Revitalizing Civil Society. Third Concept. 25(293), 58.
Mander, H. & Joshi, A. (1999). The Movement for Right to Information in
India: People’s Power for the Control of Corruption. New Delhi, India:
Commonwealth Human Rights Initiative.
Mathur, B.P. (2005). Governance Reform for Vision India. New Delhi, India:
MacMillan India Ltd.
Mishra, N. (2003). People’s Right to Information Movement: Lessons from
Rajasthan. Retrieved from https://www1.undp.org/content/dam/india/docs/
people_right_information_movement_lessons_from_rajasthan.pdf
Mohan, S. (2009). Seekers, finders, keepers. Retrieved from
http://old.tehelka.com/seekers-finders-keepers/
Naib, S. (2012). The Right to Information Act, A Handbook. New Delhi,
India: Oxford University Press.
Power to the People. (2005). Economic and Political Weekly. 40(21), 2115-
2116.
Reddy, G.G. (2006). The Right to Information: An Analysis of its Evolution
and Socio-Political Implications. Punjab Journal of Politics. 30(1), 73.
Roy, A. (2019). The RTI Story, Power to the People. New Delhi, India: Roli
Books, Pvt. Ltd.
Roy, A., Dey, N. & Singh, S. (2010). Prabhash Joshi and the RTI Movement.
Mainstream. 48(19). Retrieved from https://mainstreamweekly.net/
article2016.html
Roy, B. (1996). Right to Information: Profile of a Grass Roots Struggle.
Economic and Political Weekly. 31(19), 1120–1121.
Stuti. (n.d.). Evolution and Development of the Right to Information Act in
India. Retrieved from http://www.legalserviceindia.com/legal/article-323-
evolution-and-development-of-the-right-to-information-act-in-india.html

10.10 ANSWERS TO CHECK YOUR PROGRESS

EXERCISES
Check Your Progress 1

1) Your answer should include the following points:

x Right to information is sine qua non of good governance. It enhances
202 the quality of governance by ensuring transparency and accountability


in a democratic set up. The true democracy is to be built on the Role of Civil Society
Organisations
foundation of informed, enlightened and empowered citizens. Refer
Section10.1
2) Your answer should include the following points:
x Civil society is the society driven by people themselves and includes
non-state actors like non-governmental organisations (NGOs), self-
help groups, business associations, social movements and groups of
special interests. Refer Section 10.2 and 10.3

Check Your Progress 2

1) Your answer should include the following points:

x With the slogan like “the right to know is the right to live” and “Our
money, our accounts” MKSS led forty days long dharna (sit in protest)
that became historic to demand the Right to Information. NCPRI, CHRI,
CERC and other social activists working in different field also
contributed to the success of right to information movement. Refer
Section 10.4
2) Your answer should include the following points:
x In the form of a court hearing, people were invited in Jan Sunwais to
give their testimonies, which often revealed differences between
official records and people’s experiences. In Jan Sunwais or Public
Hearings detailed documents were derived from officials, expenditure
records were read aloud to the people of the villages who gathered.
The MKSS identified it as an important tool to voice their demand for
the RTI Act. Refer Section 10.4

Check Your Progress 3

1) Your answer should include the following points:

x With the coming up of UPA government at the centre, the movement
for the RTI got a new lease of life. The Freedom of Information Act,
2002, which could never be notified, was discarded. With the
concerted efforts of the NCPRI and its Allies, a draft of the RTI Act
was reframed and submitted to the National Advisory Committee for
consideration. Keeping in view demands of civil society organisations
and recommendations of Standing Committee of Parliament, the RTI
Act came into force on 12th October, 2005. Refer Section 10.5

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Implementation of
the Right to
Information Act,
2005: Issues and
Challenges

204


 Role of Civil Society
Organisations

BLOCK 4
TOWARDS GOOD GOVERNANCE THROUGH
RIGHT TO INFORMATION: INITIATIVES AND
IMPACT

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Implementation of BLOCK 4 TOWARDS GOOD GOVERNANCE
the Right to
Information Act, THROUGH RIGHT TO
2005: Issues and
Challenges INFORMATION: INITIATIVES AND
IMPACT

This Block contains five units, that is, significance of the RTI for good
governance, judgments of the Supreme Court and High Court as an
instrument for facilitating the RTI enforcement, good practices and success
stories, which highlight efforts to realise transparency and accountability in
the functioning of the Government, role of RTI and Social Audit in
promoting transparency and accountability in effective implementation of the
government schemes/programmes, and bridging the gap between rights and
their enforcement.

The RTI is an overarching code that seeks to ensure good governance. Its
significance can be understood from the study of eleventh unit, which deals
with the need for RTI in India, issues in governance, importance of the RTI
in governance, and clear understanding of the background and evolution of
the RTI Act in India.

The twelfth Unit highlights the Judgements of the Supreme Court and High
Courts, which proved as an effective instrument for facilitating the RTI
enforcement. In this regard, this Unit focuses on important decisions relating
to the RTI and analysis of the interpretation given to various provisions of the
RTI Act by the Judiciary.

This Unit contains success stories, which motivate the stakeholders and
citizens to make efforts to realise the transparency and accountability in the
government functioning.

The thirteenth Unit compiles the good practices in India, at both Central and
State levels relating to some key issues under the RTI Act. It highlights some
of the good practices being successfully adopted by various agencies for
implementation of the RTI Act. It also brings forth the benefits, outcomes
and lessons learnt by the concerned public authorities during implementation
of the said practices.

This Unit also highlights some good practices related to the RTI, which are
successfully implemented at various levels, focusing on the following key
aspects:

a) Use of Information and Communication Technologies to strengthen the

implementation of the RTI Act;

b) Effective use of the RTI Act to improve access of marginalised

population to specific government schemes – specifically MGNREGS
and PDS;

206 c) Implementation of suo motu provisions of the RTI Act; and


d) Other good practices, including awareness generation.  Role of Civil Society
Organisations
The fourteenth Unit on Social Audit focuses on the meaning, objectives and
significance of the Social Audit in India, role of the Social Audit in
selected schemes, process and significant steps in the Social Audit;
major issues and challenges in conducting Social Audit; practice of the Social
Audit in states, and the innovative practices that may be replicated in other states
and measures for effective Social Audit. In the process of Social Audit, team
members need access to various government documents to monitor the
implementation of the scheme/programme; and provision for beneficiaries.
As the Social Audit is fact finding, that is, based on evidences and
documents, therefore, in case of non-availability of documents due to
malafide intentions of the bureaucracy, necessary documents can be obtained
through the RTI. Keeping above in view, it can be stated that the RTI is a tool
against corrupt practices and plays an important role in Social Audit also.

The study in fifteenth Unit explores the problems, lacunas, gaps in

implementation of the RTI Act, 2005. It identifies shortcomings in the Act
itself, which have been responsible for its poor implementation. In addition,
apathetic attitude of public authorities create bottlenecks in the realisation of
right to information. The Unit focuses on the initiatives of the Government
and role of the Civil Society Organisations for effective implementation of
the RTI Act. It analyses the recommendations of the First Report of Second
Administrative Reforms Commission, 2006, which unfortunately could not
be implemented properly. It also highlights the stakeholders under the RTI
Act like government, information seekers, public authorities, information
commissions, civil society organisations, media and corporate sector. In the
last part, it suggests a number of steps, which can be taken for bridging the
gap between the problems being faced in implementation of the RTI Act and
its enforceability that will assure an era of accountable and transparent
administration and participatory democracy.

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Implementation of
the Right to
Information Act,
2005: Issues and
Challenges

208


 Significance of Right
UNIT 11 SIGNIFICANCE OF RIGHT TO to Information for
Governance
INFORMATION FOR
GOVERNANCE*

Structure

11.0 Objectives
11.1 Introduction
11.2 Right To Information: Governance Reform Agenda
11.3 Significance of the Right To Information for Governance
11.4 Precursors to the RTI Law: Movement for Transparency
11.5 Enactment of the RTI Law and its Significance
11.6 Conclusion
11.7 Glossary
11.8 References
11.9 Answers to Check Your Progress Exercises

11.0 OBJECTIVES
After studying this Unit, you should be able to:

x Discuss the need for Right to Information in India;

x Highlight the issues in Governance;
x Explain the importance of Right to Information in Governance; and
x Describe the background and evolution of the Right to Information Act
in India.

11.1 INTRODUCTION
India had inherited from colonial rule, a culture of secrecy in the affairs of
state. Its persistence even after Independence, remained an affront on the
democratic governance of the country. The institutionalisation of the
parliamentary democracy at the Union and at the state levels with the
constitutionalism in the 1950 and holding the parliamentary and state
legislative elections periodically through an independent election commission
left several things to be desired for qualitative changes in the patterns of
governance at the national, state and local levels. It continued to remain

*
Contributed by Dr. Rajvir S. Dhaka, Senior Faculty Member, Haryana Institute of Public
Administration, Gurgaon, Haryana.
209

 
Towards Good shrouded in secrecy. Consequently, the red tape, inefficiency, misuse of
Governance
through Right to power, large scale corruption, mis-utilisation of funds, magnitude of poverty,
Information: denying of the benefits of the central sponsored schemes and social welfare
Initiatives and
Impact programmes, continued to remain elusive to those for whom these had been
designed.

As a matter of fact, democracy is not merely an institution of government

through a process of universal franchise based elections. Even the conduct of
fair elections and change of hands at power are not enough for good
governance. However, canons of democracy do provide a political
environment necessary for achieving good governance. Innovative and
citizen-centric measures are also needed for fulfilling people’s aspirations for
responsiveness, accountability, transparency and accessibility. The Right To
Information is an overarching code that seeks to ensure good governance to
the citizens.

Free flow of information is not only crucial for putting into place a right
based democracy but also for protecting human rights. Since the
Independence, several rights of the citizens have been infringed upon over
the years due to a systemic denial of accountability and transparency in
governance. The problem has further compounded by ambiguous, mystifying
and cumbersome rules, regulations and procedures. This mechanism has
been further reinforced through introduction of multiple controlling devices
and virtual absence of commitment to equity and fair play. The colonial
legacy of the veil of secrecy continued to persist despite periodic
pronouncements and promises made against it by the successive
governments. Therefore, a legislation had become overdue to eliminate this
obstacle on the way to a transparent governance. Enactment of the RTI Act
has to be seen in this perspective. It is a landmark legislation for brining
transparency and accountability, which are the basic pre-requisites for good
governance.

The Unit emphasises on the role of Civil Society Organisations in achieving

the right to information. It explores the genesis of the Right To Information
Movement in India, analyses the role of civil society in law-making,
illustrates the role of civil society organisations in the evolution and
implementation of the right to information; highlights the initiatives of the
Government in enactment of the Right to Information Act, 2005; and brings
out the value of democratic principles in the governance. It is to be noted
that it contemplates on the active role played by the people's groups in getting
the RTI formally recognised in India.

The RTI is an overarching code that seeks to ensure good governance. Its
significance can be understood from the study of this unit, which deals with
the need for RTI in India, issues in governance, importance of the RTI in
210


governance, and clear understanding of the background and evolution of the Significance of Right
to Information for
RTI Act in India. Governance

11.2 RIGHT TO INFORMATION: GOVERNANCE

REFORM AGENDA
Right To Information has acquired a universal recognition. The emergence of
new democracies in the 1980s after the collapse of authoritarian regimes too
led to the creation of an enabling environment for the enactment of new
constitutions, which specifically guarantee the right to information. At the
same time, older democracies like United Kingdom too have realised the
wisdom of enacting a legislation ensuring right to information for citizens.
Ever since its enactment in 1976 in the United States of America, a large
number of nations have adopted the legislations that confer on their citizens
an uninhibited right to information.

The intergovernmental organisations, civil society and many sections of the

people have contributed in a big way to this epoch making statute. It is now
being widely recognised as a Fundamental Human Right, which not only
upholds the inherent dignity of all human beings but also forms the crucial
underpinning of participatory democracy. Above all it ensures accountability
in the system, which is quid pro quo for good governance.

It has now been widely accepted that to be meaningful, a democracy ought to

be based on the notion of an informed public participation in governance.
The information and knowledge are the key instruments for transformation
because these enable people to engage with their representatives and the
bureaucracy on an ongoing basis for enabling them to participate effectively
in the formulation and implementation of policies for their benefits. It goes
without saying that an empowered citizenry is needed for making
administration more accountable through people’s participation. It also
ensures greater transparency in government functions, and also acts as a
deterrent against the arbitrary exercise of official powers.

The Right To Information has not only improved governance but also made
the management of the corporate houses and industries, more transparent and
accountable which operate for profit. That is why, the RTI Act has received
wide recognition as an essential step towards good governance. Even
international organisations like the World Bank, the International Monetary
Fund, the United Nations Development Programme and the Asian
Development Bank have recognised the right to information as a useful
remedy to administrative ills.

Since the transparency promotes democratic governance, the access to

information has been included by more than 50 countries in their
211

 
Towards Good constitutions. Further, more than 80 countries have made provisions for
Governance
through Right to information laws. Many more are in the process of doing so. The enactment
Information: of the RTI Act (2005) undoubtedly, brought about a paradigm shift in Indian
Initiatives and
Impact democracy. Its working for more than 15 years in India shows that the
response to it has been very positive. A wide spectrum of people from
various strata of society have been consistently seeking different types of
information from various authorities.

11.3 SIGNIFICANCE OF THE RIGHT TO

INFORMATION FOR GOVERNANCE
Although the Right to Information had already acquired judicial recognition
as a part of the Fundamental Right to Freedom of Speech and Expression, the
Right to Information is an important attribute of governance on account of
the following reasons:

i) A Step for Ensuring Good Governance: Good governance is mainly

defined as transparent, efficient, corruption free, people friendly,
responsible, democratic and decentralised governance. The Right to
Information has ensured good governance by promoting transparency
and public accountability in the working of government functioning. It
is also an acknowledgement of citizens’ entitlement to seek clarity
about decision-making and implementation of the key policies. The
impact of public services can undoubtedly be enhanced through
scrutiny of the stakeholders. The Right to Information regime has
promoted good governance by checking corruption, misuse of power
and pilferage of money. It has also been able to bring about
transparency in the governance to a considerable extent. The self-
disclosure of information by public authorities on their websites, and in
their annual reports, displays on notice boards and walls have helped in
setting out a practical regime of transparency.
ii) An instrument for compliance with World Bank and Other
International Organisations: The international bodies like the United
Nations Organisation, the Commonwealth of Nation, the Council of
Europe and the Organisation of American States too have drafted
guidelines or model legislation to promote freedom of information. The
World Bank, the International Monetary Fund and other donors have
been consistently pressing the recipient countries to enact laws to
enable their citizens to have access to information for ensuring increase
in transparency and reduction in corruption. As a matter of fact, the
international community has exercised considerable influence to
promote the right to information as a fundamental and constitutional
right.
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iii) Upholding People’s Empowerment through Participation: Significance of Right
to Information for
Governance in a democracy requires that the citizens must have Governance
necessary information to make informed decisions to participate
effectively in the process of governance. The RTI Act has been enacted
in India for achieving that objective. It aims at sharing of important
information with the people so that they may be empowered to
participate effectively in the decision-making process. Free flow of
information, as a matter of fact, is a significant measure to instil in
them a sense of ownership in the government policies and programmes.
It also ensures their informed cooperation in development agenda and
the administration. The RTI regime is a step towards the
institutionalisation of participatory democracy. It has made all the
citizens of India partner in the process of governance at all levels of
government.
iv) A Step Towards Democratisation of Governance: Access to
information also fulfils a basic requirement for democratisation of
governance. It helps in checking misuse of administrative authority for
private gains and promotes justice and equity by promoting
accountability. Openness in the actions and activities of the government
also inspires its citizens to make informed choices. Democracy is not
just election of representatives for governing, it is also about being
making people equal partners in the matters that have bearing on their
life. A meaningful deepening of the democracy up to the grassroots
level can be achieved only by providing information to the people
about beneficial outcome of the policies and programmes of the
government.
v) Enhancement of Public Accountability: Accountability is not merely
a matter of throwing open the records; it is more a state of mind where
every action is taken with a conscious awareness that each and every
act has to conform to the norms of probity. It is only a high level of
public spiritedness that could motivate one to become answerable to
her/his citizens. The right to information goes a long way in promoting
a culture of accountability by providing access to the citizens all the
information pertaining to finances, proceedings and decisions of all the
social actors whose activities have an effect on their life.
Answerability is a precursor for ending mismanagement and
malpractices in the affairs of state.
vi) Ensuring Rule of Law: Openness and answerability in the governance
mechanism also ensure a non-arbitrary form of government.
Transparency in the processes and practices of the government also
prevent arbitrary use of power. Besides, it helps in building the
institutional mechanisms and norms that are necessary to enforce rule
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Towards Good of law in a society. The principles of transparency and accountability
Governance
through Right to that have become identifiable with the right to information worldwide,
Information: seek to ensure rule of law by creating clarity of purpose and by making
Initiatives and
Impact the actions of the government more culpable and responsible for
compliance with the laws governing the conduct of public authorities.
vii) Quest for Combating Corruption: Secrecy is often a breeding ground
for corruption. The governments take measures like financial and
executive audit of performance for this purpose. But in the absence of
transparency, even these apparatuses fail to check the threats to veracity
and integrity in processes and functioning of officials remain shrouded
in secrecy. The obligations of government are driven by the citizens’
right to information making the policies, and for making,
implementations and service delivery less susceptible to corruption.
The right to information provides to every citizen an enforceable right
to question, examine, audit, review and assess government acts and
decisions.
viii) Creation of an Instrument against Misuse of Discretionary Powers:
The checks and balances are necessary for ensuring prevalence of
righteousness in public policy and governance. But there is hardly any
inherent mechanism to curb malicious intent for misuse of official
authority in most of the government systems. Since the officers have a
tendency of abusing their discretionary powers to misappropriate public
funds and promote political or vested interests, the right to information
has been enacted for checking these. This misuse is manifest in uneven
application and implementation of policies. The Right to Information
can be used for highlighting such misuse of powers. However, it can
play greater role as a deterrent rather than a regulator.
ix) Helpful in promoting Administrative Efficiency: The Administrative
efficiency is a matter of assessment in relation to several factors. Time
and again efforts are made to establish and follow the basic and
workable standards of efficiency. Together with certain other measures
like the Right to Services, the Right to Information seeks to promote
administrative efficiency in Government by checking unnecessary
delays. A public authority may not be under obligation to disclose the
reason for the delay in decision-making but a citizen must be armed
with the information on how the things have been pending in offices so
that they can seek judicial remedy in claiming damages caused to them
by it by using the right to information. This has forced the
functionaries in administration to remain vigilant in this context
because they can be questioned by citizens through this instrument.
The importance of right to information can be judged by the fact that

214


erring officials have to disclose the reasons for it. The RTI Act has Significance of Right
to Information for
thus empowered the citizens to seek justice and get solutions. Governance

x) Creation of a Democratic and Open Society: Equity before law is the

true hallmark of an open society and democratic system. There can be
no democratic participation in decision-making without transparency
and sharing of information. Free flow of information is also essential
to identify and solve problems. A secretive governing system creates
suspicion. A long-term partnership between the government and
citizens ought to be built upon a deep-rooted trust. And, the trust
emanates from openness. An obscurity or secrecy on the part of a
public authority is an antithesis to it. The strength of a democratic
society lies in the acceptance of citizens’ Right to Information rather
than in its denial. Even the closed societies like China and Russia have
been forced to provide access to information to their citizens to a
limited extent.
xi) The Quest for the Promotion of Civil Liberties: The exercise of the
right to information by citizens is likely to make the government
responsive to community needs. It has empowered the people to expose
corrupt and arbitrary actions against a community or a group of people
of a society. The protection of civil rights gets a fillip when the
agencies of government are obliged to function in an open
environment. Some departments entrusted with the enforcement powers
are known to have tendency for high-handedness and of brushing such
actions under the carpet behind the privilege of secrecy, which they had
been enjoying since long. The right to information can be used as a
powerful tool for protecting liberties of citizens. It has also made it
easier for Civil Society Groups to monitor wrong-doings like custodial
deaths and misuse of preventive detention legislation.
xii) Helpful in Reducing Poverty: Peoples’ empowerment is directly
related to their access to means of livelihood. The genesis of the right
to information in India can be traced to the struggle by the rural poor
for wages, livelihood and land. Legislation on right to information is
thus, also necessary for eradication of poverty by making the social
welfare and poverty alleviation programmes and policies, transparent
and open to stakeholders’ scrutiny. Information gathered through the
right to information can be helpful in empowering poor communities
for fighting their battles. Public Distribution System, which impacts
poor may be cited as one of the examples in this context. There has
been a sea change in the maintenance of the records of stock and their
distribution. These have also been thrown open for the public after the
implementation of the RTI Act.

215

 
Towards Good xiii) Ensures Effective Implementation of the Government Schemes:
Governance
through Right to Numerous central and state schemes that have been launched for
Information: providing food, housing, employment and education are being
Initiatives and
Impact implemented in rural areas. Availability of information on the
utilisation of their funds would certainly improve their implementation.
Transparency in the procedures for availability and allocation of
benefits of these schemes is essential to ensure equity and fair play.
These can only be ensured by strong RTI regime.
xiv) Role of the RTI in Educating the Beneficiaries: The right to
information has also played an important role as an instrument of
extension. It has created awareness among the beneficiaries of various
centrally sponsored schemes and state welfare programmes. The
information gathered through this instrument by relatively better aware
sections has also helped in the uninformed sections regarding their
entitlements and emboldened them to demand the same from the
implementation of these schemes and programmes. It has, in turn,
added value to the development programmes.
xv) Introduced Transparency in Admissions and Recruitments: Before
the RTI regime had been put into place, there was no transparency in
the process of admissions to the higher institutions of learning as well
as in technical and professional colleges. The meritorious candidates
were often ignored for admitting the favourites. Likewise there was
lack of transparency in the recruitment for posts in the states. The
claims of deserving persons were not taken into account for providing
jobs to persons having links with powerful political leaders or those
who had money power. But the RTI regime now ensures that merit is
not ignored.
xvi) An Instrument for Reforming Administration: The RTI Act
provides a mechanism for fixing the responsibility on the government
servants. Hence, it can significantly help in improving governance. The
Second Administrative Reforms Commission of India, in its report and
recommendations, has highlighted in details the co-relation between the
bureaucratic transparency and governance reform.
xvii) Provided Statutory basis for an Implied Fundamental Right: The
Right to Information is a Fundamental Right, which flows from Article
19(1)(a) of the Constitution. Over the years, the Supreme Court has
been consistently ruling in favour of the citizens in its judgments —
Right to Know as a part of their Right to Freedom of Speech and
Expression under Article 19(1) (a) of the Constitution. But the
judgments had remained ornamental till the enactment and
implementation of the RTI Act.
216


xviii) Effective Source for Stronger Media: The media – newspapers, radio, Significance of Right
to Information for
television, etc. serve as a link between the citizens and the government. Governance
Hence, it is essential that they have free access to information.
Balanced reporting becomes difficult when the primary sources of
information are denied to the media. In the absence of an access to
information, they tend to provide biased news and may also suppress or
distort information. The right to information has empowered both
media and citizens for making the Government more accountable to the
people.

Check Your Progress 1

Note i) Use the space given below for your answers.

ii) Check your answers with those given at the end of the Unit.
1) Explain the need for Right to Information in governance.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
2) Examine the role and importance of RTI in improving administrative
system for governance.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
3) Discuss the benefits of Right to Information to the common man in
India.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
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Towards Good
Governance
11.4 PRECURSORS TO THE RTI LAW:
through Right to MOVEMENT FOR TRANSPARENCY
Information:
Initiatives and
Impact The Right to Information has been made possible by continuous struggles,
which had been launched by many activists' and citizens’ groups. As the first
step in that direction the Mazdoor Kisan Shakti Sangthan (MKSS), in Bhim
Tehsil of Rajasthan in 1990, under the leadership of Aruna Roy launched a
programme of Jan Sunwai (public hearing), which sought to make the elected
and official representatives of the Panchayati Raj Institutions accountable to
the people by disclosing the manner in which the funds for various centrally
sponsored schemes had been used, including the copies of bills and vouchers
and names of persons who had been paid wages mentioned in muster-rolls for
the construction of school, dispensaries, small dams and community centres.
They began to demand the enactment of RTI law. The movement got
legitimacy due to the various judgements of the courts. For instance, in the
“State of UP vs Raj Narain”(1980), the Supreme Court of India had
recognised the Right to Know as an inherent and implied Fundamental Right
in the Freedom of Speech and Expression under Article19(1)(a) of the
Constitution. It got further strengthened because civil society organisations
had begun to raise this demand in other states. It quickly spread to other areas
of Rajasthan and other States. This was followed by the attempts of Harsh
Mander, the Divisional Commissioner of Bilaspur, Madhya Pradesh, in 1996
to open the registers of Employment Exchanges and the records of Public
Distribution System to the citizens. Anna Hazare also launched a movement
in Maharashtra in 2001 for the Right to Information. A well-known
academician and activist, Shekhar Singh, was also among others, who had
lent active support to the long drawn battle for the Right to Information. The
fact, that the right to information had already been institutionalised in several
countries gave further legitimacy to this movement.

Ultimately, these movements culminated in the formation of an umbrella

organisation, the National Campaign for People’s Right to Information
(NCPRI), in the late 1990s. It soon became a broad-based platform for action.
As the campaign gathered momentum, it became clear that the right to
information has to be made legally enforceable. This ultimately led to the
enactment of RTI Act, 2005, which is more of a social legislation in nature
than an administrative one. The Act goes, as a matter of fact, far beyond
ensuring transparency and accountability. It is a harbinger of people’s hope
to see what goes on behind the closed doors of citadels of power and how
their reach to the hallowed precincts of authority can assure equity and
opportunity for them.

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Significance of Right
11.5 ENACTMENT OF THE RTI LAW AND ITS to Information for
SIGNIFICANCE Governance

In 2004, parliamentary elections led to the formation of United Progressive

Alliance government at the centre under the leadership of Dr. Manmohan
Singh. This government piloted the RTI Bill, 2005 in Parliament. It had been
cleared by the Lok Sabha on May 11, 2005 and by the Rajya Sabha on May
12, 2005. The Bill had received assent of the President of India on June 15,
2005 and came in force on October 12, 2005. Around 150 Amendments had
been introduced in the original draft of the Bill. The Act replaces relatively
weak and ineffective legislation, the Freedom of Information Act, 2002,
which had been passed for accepting the demand of NCPRI by The National
Democratic Alliance (NDA) government.

The RTI Act, 2005 is a landmark in India’s quest for the creation of a
progressive and enlightened governance paradigm. It is an important step
towards the ushering in of a society that has equity, inclusiveness and
empowerment as its prime attributes. In anticipation of a radical change in
the administrative culture and procedures, the new law had been implemented
with a lot of enthusiasm all over the country. In some aspects the Act is,
indeed, unique in its scope and implications. For example, an information
seeker needs not to disclose the reason for his request or establish her/his
locus standi for demanding the same. This signifies the pure public spirit that
was behind the legislation. Rolling out and implementation of the Act had not
been without major challenges. But the robust support from the successive
governments has helped in firmly rooting the law in the elements of
governance in India.

It is a promise that the citizens of the country had made to themselves. Once
realised, it shall be changing the way as to how those in authority deal with
people. Once rooted well in the administrative settings of India, the Act is
likely to serve as a model for providing access to information for other
countries of the developing and under developed world.

Check Your Progress 2

Note i) Use the space given below for your answers.

ii) Check your answers with those given at the end of the Unit.
1) “The movements for transparency have contributed in enactment of the
RTI law”. Comment.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
219

 
Towards Good 2) Discuss the steps in enactment of RTI law and its significance.
Governance
through Right to ……………………………………………………………………………
Information:
Initiatives and ……………………………………………………………………………
Impact
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………

11.6 CONCLUSION
On the basis of the above discussion, it can be safely deduced that a robust
RTI regime is the basic prerequisite for good governance. Over the past
several years, the RTI has gained increasing prominence in the Human Rights
discourse as well as in the larger democratic discourse. Since a democratic
government must be sensitive to the public opinion, information must be
made available by it to the people. It goes without saying, the greater the
access of the citizens to information, the greater the responsiveness of
government to community needs. Effective accountability largely rests on the
people’s acquaintance with the information. A system that operates in
secrecy tends to lose the faith of the people as well as its own legitimacy and
credibility. Openness and full access to information are the two pillars of the
democratic state. These equip the citizens to participate meaningfully in the
process of governance and development. Actually, meaningful substantive
democracy can only be founded on the notion of an informed public, which is
able to participate thoughtfully in its own governance. Information and
knowledge are, as a matter of fact, the key instruments of transformation.
Therefore, without sufficient information, representative democracy remains
undermined. Hence, the enactment of the RTI Act and its institutionalisation
in the form of RTI regime have been laudable steps. These have been
functional for good governance to a considerable extent. The governance has
been undoubtedly strengthened by the right to information. That is why, it
has been recognised as an essential requirement of the good governance.
But, much more is needed through policy interventions for course correction.
The culture of secrecy has to be rooted out and the culture of transparency
will have to be deeply inculcated in the governance.

In the preceding fifteen years or so, the poor, deprived and marginalised
sections of Indian society have experienced a perceptible change in their
share of growth and prosperity, which had led to a better quality of life to
some extent. This has been made possible on account of a quantum check on
the corruption in the welfare and livelihood generation schemes by the RTI
Act. The Central and State Information Commissions have gone a long way
in inculcating the culture of maintenance of meticulous records and keeping
220


of data at every level of administration right from cabinet papers and file Significance of Right
to Information for
noting to muster rolls of MGNREGA and expenditures of a village Governance
panchayat. This itself is an achievement in the long journey to a transparent,
accountable and responsive governance.

11.7 GLOSSARY
Transparency Regime: It refers to a system of governance in which people
are able to know how various decisions are made by decision-makers at
various levels of the government.

Discretionary Powers: It is that authority of an administrator in the

government at various levels, where rules are not clear and decision can be
made by her/him as per her/his individual judgment in the given situation and
circumstances.

Participatory Democracy: It is a form of democracy, where people directly

participate in the decision-making process in the government at its different
levels.

Rule of Law: It stands for that system of governance in which decisions are
made in accordance with the laws and rules. In such system, there is no place
for arbitrary use of powers.

Open Society: An open society is that in which political system is

democratic in character. It allows the citizens to express their opinions in a
fearless manner. Besides, the elected representatives are responsive to the
feelings and aspirations of the people.

Civil Liberties: It refers to those Fundamental Human Rights, which not

only ensure equality before law but also give to the citizens the right to
freedom of expression, education, vocation and religious freedom, etc.

Enactment: this term mainly relates to the process of making of laws by the
Union and State Legislatures, wherein they pass the bills placed before them
and subsequently the assent of the President or the Governor of the State, as
the case may be, is taken.

11.8 REFERENCES
Ansari, M.M. (2008). Impact of Right to Information on Development: A
Perspective on India’s Recent Experiences.UNESCO. Retrieved from
http://unesdoc.unesco.org/images/ 0018/001865/186510m.pdf
Banisar, D. (2006). Freedom of Information around the World – A Global
Survey of Access to Government Information Laws. Retrieved from
www.sspa.it/share/pagine/1635 global_survey2006.pdf>
221

 
Towards Good Commonwealth Human Rights Initiative. (n.d.). Right to Information:
Governance
through Right to International, Member States’ Laws and Papers. Retrieved from
Information: http://www.humanrightsinitiative.org/programs/ai/rti/international/laws_&_p
Initiatives and
Impact apers.htm
Global Trends on the Right to Information: A Survey of South Asia. Retrieved
from http://www.article19.org/pdfs/ publications/south-asia-foi-survey.pdf
Government of India. (2009). Guide on Right to Information Act, 2005.
Retrieved from http://rti.gov.in/RTICorner/Guideonrti.pdf
History of Rising RTI in India. Retrieved from http://www.nyayabhoomi.org/
treatise/history/history1.htm>
Kumar, A. (2003). Right to Information: Background and Perspective.
Retrieved from http://www.infochangeindia.org/RighttinfoIbp.jsp
Maithani, B.P. (2007). Some Grey Areas of the RTI Act. Dehradun, India:
Uttarakhand Information Commission.
Mander, H. & Joshi, A.S. The Movement for Right to Information in India:
People’s Power for the Control of Corruption. Retrieved from
https://www.humanrightsinitiative.org/programs/ai/rti/india/articles/The%20
Movement%20for%20RTI%20in%20India.pdf
Mendel, T. (2008). Freedom of Information: A Comparative Legal Survey
(2nd Ed.). United Nations Educational Scientific and Cultural Organisation.
Retrieved from www.unesco.org/webworld/en/foi>
Mistry, I.J. (2006). Breaking the bureaucratic Mould. Yojana. 50, 9-11.
Roberts, A. (2010). A great and revolutionary law? The first four years of
India's Right to Information Act. Retrieved from http://ssrn.com/
abstract=1527858
Roy, J. G. (2006). Right to Information: Initiatives and Impact. Occasional
Paper. New Delhi, India: Indian Institute of Public Administration.
Sabharwal, Y.K. (2006). Right to Information, Issues of Administrative
Efficiency, Public Accountability and Constitutional Governance. Retrieved
from http://www.supremecourtofindia.nic.in/new_links/rti.htm
Simi, T.B., Sharma, M.S. & Cheriyan, G. (2010).Analysing the Right to
Information Act in India. Retrieved from https://cuts-cart.org/pdf/
Analysing_the_Right_to_Information_Act_in_India.pdf
Singh, R. (01st July, 2009). RTI Ineffectiveness in Haryana. The Tribune.
Chandigarh.
Pande S. and Singh, S. (2008). Right to Information Act, 2005: A Primer.
New Delhi, India: National Book Trust.

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Tolia, R.S. (2007). Towards a Transparent and Accountable Uttarakhand. Significance of Right
to Information for
Retrieved from http://uic.gov.in/uic/UIC%20Publications/6/Doc.pdf Governance

Wouters, J. & Ryngaert, C. (2004).Good Governance: Lessons from

International organizations. Retrieved from https://www.law.kuleuven.be/
iir/nl/onderzoek/working-papers/WP54e.pdf

11.9 ANSWERS TO YOUR CHECK YOUR

PROGRESS EXERCISES
Check Your Progress 1

1) Your answer should include the following points :

x Introduction: Section 11.1
x Right to Information: Governance Reforms Agenda
2) Your answer should include the following points :
x Some points from the Introduction (Section 11.1) as background
x The points of importance given in Section 11.3
3) Your answer should include the following points :
x A brief write up on the need for Right to Information from 11.1 and
11.2
x The points highlighted for the benefits of the common man in Section
11.3

Check Your Progress 2

1) Your answer should include the following points :

x Refer Section 11.4
2) Your answer should include the following points :
x Refer Section 11.5 and 11.6

223

 
 Towards Good UNIT 12 JUDGMENTS OF THE SUPREME
Governance
through Right to
Information:
COURT AND HIGH COURTS:
Initiatives and
Impact
INSTRUMENT FOR
FACILITATING THE RTI
ENFORCEMENT

Structure

12.0 Objectives
12.1 Introduction
12.2 Right to Information under the Indian Constitution: Judicial
Interpretation
12.3 The RTI Act: Interpretation of various Provisions by the Supreme
Court
12.4 The RTI: Important Decisions of the High Courts
12.5 Conclusion
12.6 Glossary
12.7 References
12.8 Answers to Check Your Progress Exercises

12.0 OBJECTIVES
After studying this Unit, you should be able to:

x Describe the important decisions relating to the RTI; and

x Analyse the interpretation given to various provisions of the RTI Act by
judiciary.

12.1 INTRODUCTION
The Constitution of India does not expressly provide for any right to freedom
of information as such. Part III dealing with Fundamental Rights and Part IV
dealing with Directive Principles of State Policy are totally silent on this
subject. However, Article 19(1)(a) of the Constitution, which confers the
right to freedom of speech and expression, includes the right to information.
It comprehends right to know, right to receive information regarding matters

Contributed by Dr. Sapna Chadah, Assistant Professor, Administrative & Constitutional
Law, Indian Institute of Public Administration, New Delhi.


224


of public concern. This right also emanates from the Preamble to our Judgments of the
Supreme Court and
Constitution, which secures to all its citizens liberty of thought and High Courts:
Instrument for
expression. Facilitating RTI
Enforcement
These constitutional provisions securing the right of information to the
citizens have received an expansive treatment by the Supreme Court of India.
The Indian apex court through its progressive interpretation read this valuable
right as a part of Article 19(1)(a). It has observed that the right to know is
implicit in right to free speech and expression. Disclosure of information
regarding functioning of the government must be the rule.

The Unit highlights the Judgements of the Supreme Court and High Courts,
which proved as an effective instrument for facilitating the RTI enforcement.
In this regard, this Unit focuses on important decisions relating to the RTI
and analysis of the interpretation given to various provisions of the RTI Act
by the Judiciary.

This Unit also contains success stories, which motivate the stakeholders and
citizens to make efforts to realise the transparency and accountability in the
government functioning.

12.2 RIGHT TO INFORMATION UNDER THE

INDIAN CONSTITUTION: JUDICIAL
INTERPRETATION
In the case of 6WDWHRI83YV5DM1DUDLQ( (1975) 4 SCC 428, 453), Mathew,
J. expressed this proposition in the following words:

“In a government of responsibility like ours, where all the agents of the
public must be responsible for their conduct, there can be but few secrets.
7KHSHRSOHRIWKLVFRXQWU\KDYHDULJKWWRNQRZHYHU\SXEOLFDFWHYHU\WKLQJ
WKDWLVGRQHLQDSXEOLFZD\E\WKHLUSXEOLFIXQFWLRQDULHV They are entitled
to know the particulars of every public transaction in all its bearing. The
right to know, which is derived from the concept of freedom of speech,
WKRXJKQRWDEVROXWH, is a factor which should make one way, when secrecy is
claimed for transactions which can, at any rate, KDYH QR UHSHUFXVVLRQ RQ
SXEOLFVHFXULW\. To cover with veil of secrecy, the common routine business
is not in the interest of the public. Such secrecy can seldom be legitimately
desired. It is generally desired for the purpose of parties and politics or
personal self-interest or bureaucratic routine. The responsibility of officials to
explain and to justify their acts is the chief safeguard against oppression and
corruption.”

The Supreme Court in 63 *XSWD YV 8QLRQ RI ,QGLD (1981 Supp SCC 87)
decided by seven-judge bench, added a fresh, liberal dimension to the need
for disclosure in matters relating to public affairs. In the instant case it was 225

 
Towards Good held that LQ UHJDUG WR WKH IXQFWLRQLQJ RI *RYHUQPHQW GLVFORVXUH RI
Governance
through Right to LQIRUPDWLRQ PXVW EH RUGLQDU\ UXOH ZKLOH VHFUHF\ PXVW EH DQ H[FHSWLRQ
Information: MXVWLILDEOHRQO\ZKHQLWLVGHPDQGHGE\WKHUHTXLUHPHQWRISXEOLFLQWHUHVW. It
Initiatives and
Impact was further held that the disclosure of documents relating to the affairs of the
State involves two competing dimensions of public interest, namely, the right
of the citizen to obtain disclosure of information, which competes with the
right of the state of protecting the information relating to its crucial affairs. In
addition, it was also held that in deciding whether or not to disclose the
contents of a particular document, a Judge must balance the competing
interests and make his/her final decision depending upon the particular facts
involved in each individual case. It is important to note that it was conceded
that there are certain classes of documents, which are necessarily required to
be protected such as Cabinet Minutes, documents concerning the national
safety, documents, which affect diplomatic relations or relate to state secrets
of the highest importance and the like in respect of which court would
ordinarily uphold government’s claim of privilege. However, even these
documents have to be tested against the basic guiding principle, which is that
ZKHUHYHU LW LV FOHDUO\ FRQWUDU\ WR WKH SXEOLF LQWHUHVW IRU D GRFXPHQW WR EH
GLVFORVHGWKHQLWLVLQODZLPPXQHIURPGLVFORVXUH

In 'LQHVK7ULYHGLYV8QLRQRI,QGLD((1997) 4 SCC 306), the Supreme Court

while making a reference to 6WDWHRI 83 YV5DM1DUDLQ and63*XSWDYV
8QLRQ RI ,QGLD held, “In modern constitutional democracies, it is axiomatic
that citizens have a right to know about the affairs of the Government which,
having been elected by them, seeks to formulate sound policies of
governance aimed at their welfare. However, like all other rights, even this
right has recognized limitations; it is, by no means, absolute. Implicit in this
assertion is the proposition that in transactions which have serious
repercussions on public security, secrecy can legitimately be claimed because
it would then be in the public interest that such matters are not publicly
disclosed or disseminated”. Further, it added, “To ensure the continued
participation of the people in the democratic process, they must be kept
informed of the vital decisions taken by the Government and the basis
thereof. Democracy, therefore, expects openness and openness is a
concomitant of a free society. Sunlight is the best disinfectant. But it is
equally important to be alive to the dangers that lie ahead. It is important to
realise that undue popular pressure brought to bear on decision-makers in
Government can have frightening side-effects. If every action taken by the
political or executive functionary is transformed into a public controversy
and made subject to an enquiry to soothe popular sentiments, it will
undoubtedly have a chilling effect on the independence of the decision-maker
who may find it safer not to take any decision. It will paralyse the entire
system and bring it to a grinding halt. So we have two conflicting situations
226


almost enigmatic and we think the answer is to maintain a fine balance which Judgments of the
Supreme Court and
would serve public interest.” High Courts:
Instrument for
Facilitating RTI
In 3HRSOH¶V8QLRQIRU&LYLO/LEHUWLHVY8QLRQRI,QGLD ((2004) 2 SCC 476), Enforcement
the Supreme Court held that right of information is a facet of the freedom of
“speech and expression” as contained in Article 19(1)(a) of the Constitution
of India and such a right is subject to any reasonable restriction in the interest
of the security of the state and subject to exemptions and exceptions.

Check Your Progress 1

Note: i) Use the space given below for your answers.

ii) Check your answers with those given at the end of the Unit.
1) Discuss the judicial interpretation of the RTI under the Indian
Constitution on the basis of a case of the State of UP vs. Raj Narain.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
2) Analyse the judicial interpretation of Right to Information under the
Indian Constitution.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………

12.3 THE RTI ACT: INTERPRETATION OF

VARIOUS PROVISIONS BY THE SUPREME
COURT
Under the Act, Section 23 excludes the jurisdiction of courts in the cases
pertaining to the RTI. This Section makes it clear that no court shall entertain
any suit, application or other proceeding in respect of any order made under
this Act and no such order shall be called in question otherwise than by way
of an appeal under this Act. It means that there is no provision for the right to
appeal against the decision of the Information Commission. However, the
Courts have been entertaining appeals against the decisions of Information
Commissions under Articles 226/227 and 32 of the Indian Constitution. The
227

 
Towards Good citizen has a right to approach the High Court under Article 226 or where it
Governance
through Right to refers to a fundamental right, s/he may even approach the Supreme Court
Information: under Article 32 of the Constitution of India. In exercise of the writ
Initiatives and
Impact jurisdiction, Hon’ble High Courts and Supreme Court have given a number
of judgments on various aspects of the RTI Act, 2005. Some of these are
highlighted in this section.

i) Section 8(1)(e): Information available in Fiduciary Relationship

Examinee’s right to inspect his evaluated answer books in a public
examination or taking certified copies thereof under the RTI Act. In
CBSE and Anr. Vs Aditya Bandopadhyay ((2011) 8 SCC 497), the
Supreme Courton the question whether the examinee is entitled to
inspect his evaluated answer books or take certified copies thereof held
that the answer-book is evaluated by an examiner appointed by the
examining body, the evaluated answer book becomes a record containing
the “opinion” of the examiner. Therefore, the evaluated answer book is
also an “information” under the RTI Act.
The words “information available to a person in his fiduciary
relationship” are used in Section 8(1)(e) of the RTI Act refer to persons
who act in a fiduciary capacity, with reference to a specific beneficiary
or beneficiaries who are to be expected to be protected or benefited by
the actions of the fiduciary – a trustee with reference to the beneficiary of
the trust, a guardian with reference to a minor/physically-infirm/mentally
challenged, a parent with reference to a child, a lawyer or a chartered
accountant with reference to a client, a doctor or nurse with reference to
a patient, an agent with reference to a principal, a partner with reference
to another partner, a director of a company with reference to a
shareholder, an executor with reference to a legatee, a receiver with
reference to the parties to a list, an employer with reference to the
confidential information relating to the employee, and an employee with
reference to business dealings/transaction of the employer. That kind of
fiduciary relationship does not exist between the examining body and the
examinee, with reference to the evaluated answer books, that come into
the custody of the examining body. It cannot, therefore, be said that the
examining body is in a fiduciary relationship either with reference to the
examinee who participates in the examination and whose answer books
are evaluated by the examining body.
Even assuming that it is in a fiduciary relationship with the examinee,
Section 8(1)(e) of the RTI Act provides that notwithstanding anything
contained in the Act, there shall be no obligation to give any citizen
LQIRUPDWLRQ DYDLODEOH WR D SHUVRQ LQ KLV ILGXFLDU\ UHODWLRQVKLS. This
would only mean that even if the relationship is fiduciary, the exemption
228 would operate in regard to giving access to the information held in


fiduciary relationship, to third parties. There is no question of the Judgments of the
Supreme Court and
fiduciary withholding information relating to the beneficiary, from the High Courts:
Instrument for
beneficiary himself. When an examinee is permitted to examine an Facilitating RTI
answer book or obtain a certified copy, the examining body is not really Enforcement

giving him some information, which is held by it in trust or confidence,

but is only giving him an opportunity to read what he had written at the
time of examination or to have a copy of his answers. Therefore, in
furnishing the copy of an answer book, there is no question of breach of
confidentiality, privacy, secrecy or trust.
 5%, FDQ¶W 'HQ\ ,QIRUPDWLRQ XQGHU 57, FODLPLQJ )LGXFLDU\
5HODWLRQVKLS
Reserve Bank of India v. Jayantilal Mistry (2016) 3 SCC 525
The main issue that arose for consideration in the case was whether all
the information sought for under the Right To Information Act, 2005 can
be denied by the Reserve Bank of India and other Banks to the public at
large on the ground of economic interest, commercial confidence,
fiduciary relationship with other Bank on the one hand and the public
interest on the other. The Supreme Court held that the RBI does not
place itself in a fiduciary relationship with the financial institutions
because, the reports of the inspections, statements of the bank,
information related to the business obtained by the RBI are not under the
pretext of confidence or trust. The RBI is supposed to uphold public
interest and not the interest of individual banks. Hence, the RBI is clearly
not in any fiduciary relationship with any bank. The main characteristic
of a fiduciary relationship is “Trust and Confidence”, something that RBI
and the Banks lack between them. The RBI has no legal duty to
maximise the benefit of any public sector or private sector bank, and thus
there is no relationship of “trust” between them. However, the RBI has a
statutory duty to uphold the interest of the public at large, the depositors,
the country’s economy and the banking sector. Thus, RBI ought to act
with transparency and duty bound to comply with the provisions of
the RTI Act and disclose the information sought by the respondents
herein.
ii) Information including commercial confidence, trade secrets or
intellectual property– the disclosure of which would harm the
competitive position of a third party
The Institute of Chartered Accountants of India vs Shaunak H.
Satya & Ors ((2011) 8 SCC 781).
In the present case, the Supreme Court held that the appellant is entitled
to claim a copyright in regard to the question papers, solutions/model
answers, instructions relating to evaluation as the said materials
229

 
Towards Good constitute intellectual property of the appellant. However, the exemption
Governance
through Right to under Section 8(1)(d) will not be available if the information is merely
Information: an intellectual property. The exemption under this section is available
Initiatives and
Impact only in regard to such intellectual property, the disclosure of which
would harm the competitive position of any third party. The appellant
has not been able to demonstrate that the disclosure of the said
intellectual property (instructions and solutions/model answers) would
harm the competitive position of any third party.
Information can be sought under the RTI Act at different stages or
different points of time. What is exempted from disclosure at one point
of time may cease to be exempted at a later point of time, depending
upon the nature of exemption. Similarly, if information relating to the
intellectual property, that is, the question papers, solutions/model
answers and instructions, in regard to any particular examination
conducted by the appellant cannot be disclosed before the examination is
held, as it would harm the competitive position of innumerable third
parties who are taking the said examination. But the position will be
different once the examination is held. Disclosure of the question papers,
model answers and instructions in regard to any particular examination,
would not harm the competitive position of any third party once the
examination is held.
An application for information would be rejected under Section 9 of the
RTI Act, only if information sought involves an infringement of
copyright subsisting in a SHUVRQRWKHUWKDQWKH6WDWH. The ICAI being a
statutory body created by the Chartered Accountants Act, 1948 is
“State”. The information sought is a material in which the ICAI claims a
copyright. Providing access to information in respect of which the ICAI
holds a copyright, does not involve infringement of a copyright
subsisting in a SHUVRQ RWKHU WKDQ WKH 6WDWH Therefore, the ICAI is not
entitled to claim protection against disclosure under Section 9 of the RTI
Act.
iii) Whether a Co-operative society will fall within the definition of
“Public Authority”
Thalappalam Service Coop. Bank Ltd. vs State of Kerala (2013) 16
SCC 82
Concerned with the question whether a co-operative society registered
under the Kerala Co-operative Societies Act, 1969 will fall within the
definition of “public authority” under Section 2(h) of the Right To
Information Act, 2005 and be bound by the obligations to provide
information sought for by a citizen under the RTI Act, the Supreme
Court held that Co-operative Society registered under the Kerala Co-
230 operative Societies Act, 1969 does not fall within the definition of


“public authority” as they are not owned, controlled or substantially Judgments of the
Supreme Court and
financed by the appropriate Government. High Courts:
Instrument for
A body, institution or an organisation, which is neither a State within the Facilitating RTI
Enforcement
meaning of Article 12 of the Constitution or its instrumentalities, may
still answer the definition of public authority under Section 2(h)(d) (i) or
(ii).The Court held that the expression “controlled” which figures in
between the words “body owned” and “substantially financed”, means
control by the appropriate government must be a control of a substantial
nature and not mere “supervision” or “regulation”. Powers exercised by
the Registrar of Cooperative Societies and others under the Cooperative
Societies Act are only regulatory or supervisory in nature, which will not
amount to dominating or interfering with the management or affairs of
the society so as to be controlled. The word “controlled” used in Section
2(h)(d)(i) of the Act has to be understood in the context in which it has
been used vis-à-vis a body owned or substantially financed by the
appropriate government, that is the control of the body is of such a
degree, which amounts to substantial control over the management and
affairs of the body. Legislature has used the expression “substantially
financed” in Sections 2(h)(d) (i) and (ii) indicating that the degree of
financing must be actual, existing, positive and real to a substantial
extent, not moderate, ordinary, tolerable, etc. Merely providing
subsidiaries, grants, exemptions, privileges, etc., as such, cannot be said
to be providing funding to a substantial extent, unless the record shows
that the funding was so substantial to the body, which practically runs by
such funding and but for such funding, it would struggle to exist. Now,
the question, whether an NGO has been substantially financed or not by
the appropriate Government, may be a question of fact, to be examined
by the authorities concerned under the RTI Act.
iv) The RTI Act does not have the effect of either abrogating or
repealing all other enactments – overriding effect of RTI Act is only
to the extent of inconsistency
P.C. Wadhwa Vs Central Information Commission, SC
The petitioner had moved an application under the Right To Information
Act, 2005 to Registrar General, Census Operations seeking information
regarding certain leaders of the nation in public interest. The same was
rejected holding that for preparing census, facts are collected from
individuals in a household, which are confidential in nature and used
only for statistical purposes. The question which arose was whether the
explicit provisions of the Census Act, 1948 stand abrogated by the
overriding effect given to the RTI Act of 2005.
The Supreme Court held that the RTI Act does not have the effect of
either abrogating or repealing all other enactments dealing with 231

 
Towards Good furnishing of information to an information seeker. The overriding effect
Governance
through Right to of the RTI Act is only to the extent of inconsistency. The provisions
Information: of Section 15 of the Census Act, 1948 are not inconsistent
Initiatives and
Impact with provisions of Section 8(1)(j) of the Right to Information Act,
2005 and both can be read harmoniously. Accordingly, Section 22 of the
Right to Information Act, 2005 will not come into operation and cannot
sustain the pleas of the appellant. Furthermore, it is apparent that the
appellant wants to elicit information about the religion of such public
persons. India being a socialist, democratic and secular democratic
Republic, the quest to obtain the information about the religion professed
or not professed by a citizen cannot be in any event, be considered to be
in public interest, and hence, such information is strictly confidential as
per Section 15 of the Census Act, 1948. Mere terming of the members of
the ‘family’ in respect of which the information is sought as public
figures and the leaders of nation cannot change the statutory impact of
the above provisions. It is, thus, evident that the petitioner is making
efforts to make unjustified inroads into the privacy of the said individuals
even if they are public figures. Consequently, the information supplied to
the Census Officer cannot be made public in view of the statutory bar
imposed by Section 15 of the Census Act, which is not inconsistent
with Section 22 read with Section 8(1)(j) of the Right To Information
Act, 2005.
v) Litigant cannot seek information as to why and for what reasons the
Judge had come to a particular decision or conclusion
Khanapuram Gandaiah vs Administrative Officer & Ors (2010) 2 SCC 1
In the present case the Supreme Court held that of course, under the RTI
Act an applicant is entitled to get copy of the opinions, advices, circulars,
orders, etc., but he cannot ask for any information as to why such
opinions, advices, circulars, orders, etc. have been passed, especially in
matters pertaining to judicial decisions. A Judge speaks through his
judgments or orders passed by him. If any party feels aggrieved by the
order/judgment passed by a Judge, the remedy available to such a party
is either to challenge the same by way of appeal or by revision or any
other legally permissible mode. No litigant can be allowed to seek
information as to why and for what reasons the Judge had come to a
particular decision or conclusion. A Judge is not bound to explain later
on for what reasons he had come to such a conclusion.
Under Section 6 of the RTI Act, an applicant is entitled to get only such
information, which can be accessed by the “public authority” under any
other law for the time being in force. The answers sought by the
petitioner in the application could not have been with the public authority
232 nor could he have had access to this information as a Judge cannot be


expected to give reasons other than those that have been enumerated in Judgments of the
Supreme Court and
the judgment or order. High Courts:
Instrument for
vi) Performance of an employee/officer in an organisation falls under Facilitating RTI
Enforcement
the expression “personal information”
Girish Ramchandra Deshpande v. Central Information Commr.,
(2013) 1 SCC 212
The question whether the Central Information Commissioner (CIC)
acting under the RTI Act was right in denying information regarding the
third respondent’s personal matters pertaining to his service career and
also denying the details of his assets and liabilities, movable and
immovable properties on the ground that the information sought for was
qualified to be personal information as defined in clause (j) of Section
8(1) of the RTI Act. The performance of an employee/officer in an
organisation is primarily a matter between the employee and the
employer and normally those aspects are governed by the service rules,
which fall under the expression “personal information”, the disclosure of
which has no relationship to any public activity or public interest.
vii) Marks awarded to candidates in Civil Service Examinations cannot
be disclosed under the RTI
Union Public Service Commission etc. v. Angesh Kumar &ors. (2018) 4
SCC 530
Unsuccessful candidates in the Civil Services (Preliminary)
Examination, 2010 approached the High Court for a direction to the
UPSC to disclose the details of marks (raw and scaled) awarded to them
in the Civil Services (Prelim.) Examination, 2010. The Supreme Court,
in the case, observed that:
x weighing the need for transparency and accountability on the one
hand and requirement of optimum use of fiscal resources and
confidentiality of sensitive information on the other, information
sought with regard to marks in Civil Services Examination cannot be
directed to be furnished mechanically;
x furnishing raw marks will cause problems, which would not be in
public interest. However, if a case is made out where the Court finds
that public interest requires furnishing of information, the Court is
certainly entitled to do so in a given fact and situation; and
x if rules or practice so require, certainly such rule or practice can be
enforced.

233

 
Towards Good viii) Nature and Function of the Information Commissions
Governance
through Right to In Namit Sharma v. Union of India, the Supreme Court held that the
Information:
Initiatives and Information Commission“ is a judicial tribunal having the essential
Impact
trappings of a Court” and disclosure of information may “involve the
question of prejudice to a third party”. As such, the Court “read into” the
Act a “judicial mind” requirement. To be appointed to the Information
Commissions, an individual must “possess judicial acumen and
experience” requisite “to fairly and effectively deal with the intricate
questions of law that would come up for determination before the
Information Commission”.
Against the decision, the government filed a review petition with the
Supreme Court contesting several parts of the decision. The question
before the Court was whether its previous reading into the Right to
Information Act of a judicial experience requirement constituted “an
error apparent on the face of the record”. The Court held that the specific
powers and functions possessed by the Information Commissioners
pursuant to Sections 18, 19, and 20 of the Act were not so much judicial
functions as administrative ones. Specifically, in deciding “whether a
citizen should or should not get a particular information which is held by
or under the control of any public authority,” the Information
Commission does not perform the judicial function of “deciding a
dispute between two or more parties concerning their legal rights other
than their right to get information in possession of a public authority”.
The Court clarified that, in carrying out its administrative functions, the
Information Commission must act in a fair and just manner following the
procedure laid down in the Act. However, the Court rejected the notion
that acting in such a manner requires judicial experience, training, and
acumen. With respect to the argument about third party rights, the Court
found that the work of the Information Commission does not involve
deciding the rights of a third party but rather “whether the information
which is held by or under the control of a public authority in relation to
or supplied by that third party could be furnished to a citizen under the
provisions of the Act”.

12.4 THE RTI: IMPORTANT DECISIONS OF THE

HIGH COURTS
i) RTI cannot be denied on the ground that Information sought is
Irrelevant
Adesh Kumar v. Union of India 2014 SCC Online Del 7203
A FIR was lodged against the Petitioner during his tenure of service and
subsequently, a charge sheet against the Petitioner was submitted. On
234


receipt of charge sheet, the Petitioner applied for information under the Judgments of the
Supreme Court and
RTI Act pertaining to sanction of prosecution against him. In the case, High Courts:
Instrument for
the Petitioner was aggrieved by denial of information under the RTI Act Facilitating RTI
by the concerned Public Information Officer. Enforcement

The Delhi High Court while dismissing the Petitioner’s plea stated that
impugned provision prohibits furnishing of information, which
would impede the process of investigation or apprehension or
prosecution of offenders. However, the Court held that merely citing that
the information is exempted under Section 8(1)(h), of the RTI Act would
not absolve the public authority from discharging its onus as required to
claim such exemption. According to Section 8(1) (h) information, which
would impede the process of investigation or apprehension or
prosecution of offenders could be denied. In order to deny information,
the public authority must form an affirmative opinion that the disclosure
of information would impede investigation, apprehension or prosecution
of offenders; a mere perception or an assumption that disclosure of
information may impede prosecution of offenders is not sufficient. In the
present case, neither the FAA nor the CIC has considered as to how the
information as sought for would impede the process of investigation or
apprehension or prosecution of the petitioner and other accused. Neither
the FAA nor the CIC has questioned the Public Authority as to how the
disclosure of information would impede the prosecution.
The question whether the information sought by the petitioner is relevant
or necessary, is not germane in the context of the Act. A citizen has a
right to information by virtue of Section 3 of the Act and the same is not
conditional on the information being relevant. Secondly, the fact that the
petitioner has access to the material relied upon by the prosecution does
not prevent him from seeking information, which he considers necessary
for his defence.
ii) Whether Particulars of FIR can be disclosed under the RTI Act?
JijuLukose v. State of Kerala 2015 SCC OnLine Ker 26286
In the case, Public Interest Litigation (PIL) was filed seeking a direction
to upload the copy of the FIR on the website of the police station and to
make available copies of the FIR to the accused immediately on
registration of the FIR. The Petitioner had alleged that inspite of the FIR
being registered, the petitioner received its copy only after 2 months.
One of the issues, which arose was whether copy of the FIR registered in
a police station can be obtained under the Right to Information Act,
2005. The High Court held that in most of the instances, First
Information is inextricably linked to the process of investigation or
apprehension or prosecution of offences. In such cases, such information
need not be disclosed to the public as it is exempted under Section 235

 
Towards Good 8(1)(h) of the Right to Information Act, 2005. But it can be claimed by
Governance
through Right to the informant and the accused as per legal provisions under the Code of
Information: Criminal Procedure, 1973 as a matter of legal right.
Initiatives and
Impact
However, whether in particular application, police authorities are
claiming exemption under Section 8(1) of the RTI Act is a question,
which has to be determined by the police authorities by taking
appropriate decision by the competent authority. In this case, no such
decision is taken to claim exemption under Section 8 of the RTI Act, and
as such the police authorities are obliged to provide for copy of the FIR
on an application under the RTI Act.
iii) The Delhi High Court Rejects the CIC Order Holding Ministers as
Public Authorities under the RTI Act
Union of India and Anr. v. Central Information Commission and
Anr. W.P. (C) 5636/2016 in HC of Delhi decided on Nov. 23, 2017
In the case of CIC’s order whereby the CIC had declared, “the Ministers
in the Union Government and all State Governments as “public
authorities” under Section 2(h) of the Right to Information Act, 2005was
challenged.In this case, an application was filed before the Additional
Private Secretary, Minister of Law and Justice, Government of India
seeking the following information:³7LPHSHULRG RI+RQ¶EOH 0LQLVWHURU
0LQLVWHURI6WDWH¶VPHHWLQJWKH*HQHUDO3XEOLFKDVQRWEHHQLVVXHGE\WKH
0LQLVWU\,ILVVXHGLWVGHWDLOVDQGWLPHWRSURYLGHLQ+LQGLDQG(QJOLVK
ODQJXDJH´
Since the information was not received, an appeal was filed. Thereafter,
the Central Public Information Officer (CPIO) sent a response informing
respondent no. 2, “No specific time has been given for the meeting of
General Public with the Hon’ble Minister. However, as and when
requests are received, appointments are given subject to the convenience
of the Hon’ble Minister”. A second appeal was filed stating that the
information sought for had not been received within the specified time
and action be taken against the concerned CPIO. The issue in appeal for
the CIC’s consideration was: Is Minister or his office a “public
authority” under the RTI Act? and Whether a citizen has the right to
information sought, and does the Minister has corresponding obligation
to give?
The CIC held that the Ministers in the Union Government and/or State
Governments are “public authorities” within the meaning of Section 2(h)
of the Act. The CIC also issued several directions to the Central or State
Governments to provide necessary support to each Minister including
designating officers as Public Information Officers and First Appellate

236


Authorities, by providing official website for suo motu disclosure of Judgments of the
Supreme Court and
information and periodical updating of such information. High Courts:
Instrument for
The Delhi High Court, setting aside the CIC’s order, opined that the Facilitating RTI
Enforcement
directions issued by the CIC in this case was beyond its scope and in the
facts and circumstances of the case, there was no occasion for the CIC to
enter upon the question as to whether a Minister is a “public authority”
under Section 2(h) of the Act.
iv) Denial of information on the ground that record not traceable
 8QLRQRI,QGLDYV9LVKZDV%KDPEXUNDU:3 & LQWKH+LJK
&RXUWRI'HOKL'HFLGHGRQ
In this case, the Delhi High Court regarding the plea of the authority of
record being not traceable observed that the RTI Act is a progressive
legislation aimed at providing the citizens, access to the information
which before the said Act came into force could not be claimed as a
matter of right. It also opined that even in the case where it was found
that the desired information though available in the record of the
government at some point of time, could not be traced despite best
efforts made in this regard, the department concerned must necessarily
fix the responsibility for the loss of the record and take appropriate
departmental action against the officers/officials responsible for loss of
the record. Unless such a course of action is adopted, it would be
possible for any department/office, to deny the information, which
otherwise is not exempted from disclosure, wherever said
department/office finds it inconvenient to bring such information into
public domain, and that in turn, would necessarily defeat the very
objective behind enactment of the Right to Information Act, 2005.

Check Your Progress 2

Note: i) Use the space given below for your answers.

ii) Check your answers with those given at the end of the Unit.
1) Discuss the impact of Section 23, which excludes the jurisdiction of
courts in the cases pertaining to the RTI.
……………………………………………………………………………
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……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
…………………………………………………………………………… 237

 
Towards Good 2) Whether a cooperative society falls within the definition of “Public
Governance
through Right to Authority”?
Information:
Initiatives and ……………………………………………………………………………
Impact
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
3) Describe the important decisions of the High Court on the RTI by
highlighting the case of Adesh Kumar v. Union of India 2014.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………

12.5 CONCLUSION
The Right to Information Act, 2005 is an exceptional piece of legislation,
which has ushered in a transparency revolution in the country. This movement
has been further strengthened by the courts across the country, through their
judgments. The Courts have been key contributors in bringing about
transparency and accountability in the working of public institutions.

12.6 GLOSSARY
Intellectual Property: It refers to the creations or inventions of the mind like
inventions, literary and artistic works, design, names and images that are used
in commerce. In this regard, the Intellectual Property Right (IPR) is just like
a legal right. The effective implementation of the policy in India will prove a
giant leap to spur creativity and stimulate innovation. The Department of
Industrial Policy and Promotion is the nodal Department for nurturing the
IPR.

12.7 REFERENCES
(1975) 4 SCC 428, 453 para 74. Retrieved from https://indiankanoon.org
/doc/438670/
(1997) 4 SCC 306. Retrieved from https://indiankanoon.org/doc/716836/
(2004) 2 SCC 476. Retrieved from https://indiankanoon.org/doc/516862/
238


(2011) 8 SCC 497. Retrieved from https://indiankanoon.org/doc/1519371/ Judgments of the
Supreme Court and
?type=print High Courts:
Instrument for
(2011) 8 SCC 781. Retrieved from https://indiankanoon.org/doc/1548289/ Facilitating RTI
Enforcement
1981 Supp SCC 87 para 73 & 74. Retrieved from https://indiankanoon.org/
doc/1294854/
Namit Sharma vs Union of India Writ Petition (Civil) No. 210 of 2012 in
Supreme Court of India. Retrieved from
https://indiankanoon.org/doc/19607639/
Union of India vs Namit Sharma Review Petition [C] No.2309 of 2012
decided by SC on 3 September, 2013. Retrieved from
https://indiankanoon.org/doc/47938967/

12.8 ANSWERS TO CHECK YOUR PROGRESS

EXERCISES
Check Your Progress 1

1) Your answer should include the following points:

x Refer the case of State UP V. Raj Narain (1975) in Section12.2
2) Your answer should include the following points:
x Refer Section12.2

Check Your Progress 2

1) Your answer should include the following points:

x Refer Section12.3
2) Your answer should include the following points:
x Refer Section12.3 (iii)
3) Your answer should include the following points:
x Refer Section12.4 (i)

239

 
 Towards Good 
Governance
UNIT 13 GOOD PRATICES AND SUCCESS:
through Right to
Information:
EFFORTS TO REALISE
Initiatives and
Impact
TRANSPARENCY AND
ACCOUNTABILITY

Structure

13.0 Objectives
13.1 Introduction
13.2 Use of Information and Communication Technologies to Strengthen
the RTI
13.3 Proactive Disclosure of Information
13.4 Effective use of the RTI Act: Access of Marginalised Population to
Specific Government Schemes
13.5 Initiatives for Generating Public Awareness
13.6 Conclusion
13.7 Glossary
13.8 References
13.9 Answers to Check Your Progress Exercises

13.0 OBJECTIVES
After studying this Unit, you should be able to:

x Highlight the efforts by various agencies to realise the RTI and bring
transparency and accountability; and
x Analyse the benefits and outcome of implementation of these good
practices.

13.1 INTRODUCTION
Good Governance constitutes the cornerstone of every democracy. The need
of good governance and necessity for state machinery to work for the welfare
of the people has been universally accepted. The good governance is
characterised by transparency, accountability and responsiveness. Vital
linkage exists between the right to information and good governance. The
Right to Information is increasingly being recognised as an important


Contributed by Dr. Sapna Chadah, Assistant Professor, Administrative & Constitutional
Law, Indian Institute of Public Administration, New Delhi.
240


mechanism to promote openness, transparency and accountability in the Good Pratices and
Success: Efforts to
government administration. Realise Transparency
and Accountability
The RTI is a fundamental human right and the launching point for realisation
of other civil, political, economic, social and cultural rights. Access to
information, not only promotes openness, transparency and accountability in
administration, but also facilitates active participation of people in the
democratic governance process. The Right To Information Act, 2005 has
made the governance processes of the country accessible to its citizens and
has taken democracy to the grassroots level. It has contributed to the ability
of citizens to become aware and remain involved in the activities of
government to ensure participatory governance. It has raised the level of
political debate and led to a more productive process of policy-making. The
RTI Act has ushered an era of transparency and accountability. In the sphere
of public administration, transparency improves the decision-making ability
of public servants by making them more responsive and accountable to the
public. It also controls corruption and improves the legitimacy and trust in
government, in the eyes of the people.

To operationalise and implement the RTI Act, the governments, both at the
Centre and State levels, have major role to play. They have responsibility to
develop educational programmes for the public especially disadvantaged
communities on the RTI; ensure proactive disclosure of information through
various means including internet, promote timely dissemination of accurate
information to the public, etc.This Unit compiles the good practices in India,
at Central and State levels relating to some key issues under the RTI Act. The
Unit will highlight efforts in the form of some of the good practices being
successfully adopted by various agencies for implementation of the RTI Act.
It will also bring forth the benefits, outcome and lessons learnt by the
concerned public authorities during implementation of the good practices.

The Unit will highlight some good practices, which are related to the RTI;
and successfully implemented at various levels with major focus on the
following key aspects:

a) Use of Information and Communication Technologies (ICTs) to

strengthen the implementation of the RTI Act;
b) Effective use of the RTI Act to improve access of marginalised
population to specific government schemes – specifically MGNREGS
and PDS;
c) Implementation of suo motu provisions of the RTI Act; and
d) Other good practices, including awareness generation.

241

 
Towards Good
Governance
13.2 USE OF INFORMATION AND
through Right to COMMUNICATION TECHNOLOGIES TO
Information:
Initiatives and STRENGTHEN THE RTI
Impact

In this section, we will discuss the use of ICT to strengthen the RTI on the
basis of successful practices in various departments and states.

i) DoPT- RTI Online

To facilitate citizens in filing the RTI applications; and public authorities
in managing and monitoring, the Department of Personnel & Training
(DoPT), Government of India introduced RTI Online
(https://rtionline.gov.in). The portal has two interfaces viz., Citizen
Interface and Public Authority (PA) Interface. Using the portal, the
citizen is able to seek information online from public authorities and also
files first appeal. The Citizen can even make payments online towards
the RTI fee and additional fee, if any. The applicant can even track the
status of his/her application/first appeal by using the registration number.
The portal provides email and SMS alert at various stages of the
processing of the RTI request/first appeal to the citizen. The Public
Authority interface enables the various functionaries of the Central
Government and Public Authorities to manage and monitor the RTI
requests and first appeals and thus, providing necessary information in a
time bound manner.
ii) Central Monitoring Mechanism in Odisha
RTI Central Monitoring Mechanism operational in Odisha is a web
based centralised system, developed by the Information and Public
Relations Department, Government of Odisha to monitor the process of
implementation of the Right to Information Act, 2005. This is a
Government to Citizen (G2C) as well as Government to Government
(G2G) service web portal with auto RTI compliant features for all the
stakeholders of the RTI. The system provides IT based solutions to all
the Government Departments to manage their proactive disclosure under
Section 4. They can process and deal with the RTI applications of
citizens and also generate electronic annual reports. This ICT tool
provides citizens, the facility of filing RTI applications online and easily
tracking the status of these applications at any point of time. This system
can even be accessed in rural areas through Common Service Centers
and any internet outlet.
iii) “JAANKARI”–A Facilitation Centre
Bihar is the first state in the country, which launched a helpline in
January 2009, where people can file complaints against the government
242 officials who harassed them for seeking information by using the RTI


tool. The Facilitation Centre called “JAANKARI” is an innovative and Good Pratices and
Success: Efforts to
effective use of the ICT for expanding the base of the RTI. This is a Realise Transparency
and Accountability
unique experiment, first of its kind in India, which aimed at “information
empowerment” of the people. To overcome the issues of digital divide
and illiteracy, the Government of Bihar has used voice communication
over phone line. Ease of Communication is the key to this project’s
success. This innovative use of the RTI Act promotes e-governance by
disseminating useful information among the masses, especially the
disadvantaged sections. There are two numbers – one is RTI Helpline
Number (RHN) and the other number is RTI Application Number (RAN-
155311). The RHN(155310) is an ordinary number with hunting line
facility with normal call charges. If any citizen wants to get any help
about how to use the RTI, s/he can use the RTI Application Number. In
case a person wants to seek information, the other number is available.
The system enables the citizen to file an application for seeking any
information under the RTI Act, without any hassles of approaching the
PIO of the concerned department or purchasing postal order for the
requisite RTI application. The primary and mandatory requirement of
submitting the RTI application fee could be fulfilled by paying at a
premium rate to the service provider BSNL.
This ICT initiative has led to empowerment of common man. It has also
created peer pressure and enabling environment for the government’s
delivery system. The citizen with ease, sitting at home, can get the
information in the language s/he understands. The power of information
is now just a phone call away. This initiative has no doubt helped in
introducing transparency in functions of the government. Besides this, it
has also indicated areas of improvement as well as sectors demanding
state intervention.
iv) Dial.Gov – An interface to access information on Welfare Schemes
The Government with an aim of welfare of the citizens, every year
launches various projects in several domains at the Central and State
Levels. India’s large population base with complex heterogeneity makes
the implementation and delivery of welfare programmes as one of the
most difficult tasks for the government. Spreading awareness about these
government programmes is also a herculean task that requires huge
amount of investments. Dial.gov is a unique single gateway through
which the different schemes and programmes of the government are
matched with the targeted beneficiaries scattered under different
demographics. The Government’s attempt is to make special efforts to
reach the marginalised sections of the society to bring them into the
mainstream by providing targeted benefits through focused schemes and
programmes. To provide a single window access to the information
243

 
Towards Good about the services being provided by the Government to its citizens and
Governance
through Right to other stakeholders, a portal Dial.gov Service has been developed.
Information: Dial.gov Service is a common man’s interface for information on the
Initiatives and
Impact Government welfare schemes and benefits. The aim is to bridge the
existing gap between the beneficial information and the beneficiary. The
portal is a comprehensive, accurate, reliable and one stop source of
information. It has been developed as a solution where a user can find
useful information regarding any service, scheme or benefit.
v) E-Governance initiatives for RTI at Hamirpur, Himachal Pradesh
Many states in India are implementing a myriad of e-Governance projects
aimed at improving public service delivery, bringing greater
transparency in government processes and ensuring more effective
accountability. Certain initiatives had been undertaken in Hamirpur
District of Himachal Pradesh for implementing the RTI through e-
Governance. The ultimate aim was to improve the information regime
and information retrieval system for easier access to the citizens.
The RTI Centers have been set up at all levels, till villages. These self-
contained centers provide information to the citizens about every
government activity done through that level. Computerised Display
Boards have also been installed, which display the information relating
to procedure, formalities, fees, etc. for every public service and
governmental activity.
“e-Soochna” kiosks have also been set up at the Sub-divisional levels to
provide useful and important information to the citizens through a user-
friendly Touch Screen. Up to date status of implementation of various
development schemes in every panchayat can be accessed through these
kiosks. The e-RTI Directory containing details of PIOs, APIOs and
appellate authorities, which has been put on website, is also accessible on
the e-Soochna kiosks.
The status of RTI cases/ appeals, RTI Directory, RTI Act/Rules, list of
PIOs/APIOs/ Appellate authorities and the pro-active disclosure
documents have been made available online. Display Boards giving
information about the RTI Act and the PIOs, APIOs and Appellate
Authorities have been put up in all the Panchayat offices. These
initiatives have led to trouble-free access to information to the citizens,
and enhanced transparency and efficiency in administration.
Similar kinds of Initiatives have also been initiated in other states, some
of which are highlighted below:

244


vi) Information Kiosks in Uttar Pradesh Good Pratices and
Success: Efforts to
Realise Transparency
Lokvani Project and Accountability

Lokvani is a public-private partnership e-Governance programme, which

has been initiated in Sitapur district of Uttar Pradesh. “Lokvani”, means
voice of the people in Hindi, is a commitment to the people in providing
them with transparent and accountable system of governance. As IT
literacy is very low in Sitapur, information kiosks have been started,
which form an interface between government and citizens. The model
has been replicated in other districts as well.
Nagarik Soochna Kendra in Kanpur Dehat District
A touch-screen Information Kiosk has been set up in Kanpur Dehat
district. The kiosk provides information related to various issues and
services. Besides, the kiosk also provides print services such as print of
pay slips of employees as well as pension slips, print of Block and
District maps, etc.
vii) E-Jan Sampark Project, Chandigarh
e-Jan Sampark kiosks have been set up in each sector and each village of
Chandigarh to enable residents to access information and avail services
with ease. The project especially helps those who are without IT
connectivity. It provides a single, efficient information dissemination
system to the citizens for availing of the government services.
viii) Myneta Web Portal- Transparency and Accountability in Electoral
Processes
Association for Democratic Reforms (ADR), a non-partisan, non-
governmental organisation, has developed a website www.myneta.info in
order to exhibit the information pertaining to candidates’ affidavits on a
centralised platform. Herein the citizens can access information easily,
free of cost and round the clock. On this website the information about
the candidates is housed in a well assorted manner, the election wise and
constituency wise. The details of candidates’ along with the digital
copies of the original affidavits as well as the digitised searchable data
are available. Myneta portal has enabled citizens to make an informed
choice while electing their representatives, which is first and foremost
strength of democratic process. The portal has enabled proactive
disclosure of information relating to the candidates. The easy availability
of background information of the candidates has helped in building faith
and interest in electoral process.

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Towards Good
Governance
13.3 PROACTIVE DISCLOSURE OF
through Right to INFORMATION
Information:
Initiatives and
Impact The RTI law under Section 4 imposes a duty on the government to routinely
and proactively disseminate information of general relevance to the citizens.
The mandate is that every Public Authority should provide as much
information suo motu as possible to the public through various means of
communication so that the public takes minimum resort to the use of the Act
to obtain information. The spirit of Act lies in proactively disclosing,
publishing and disseminating information as widely as possible, which is of
general public interest even when a specific RTI request is not filed for the
same. In order to reach out to the poor and the illiterate population in the
country, the disclosure is required to be made in a manner, which is easily
accessible to the public, cost-effective and in local language. However, at
present, the government is restricted to disclosure primarily through internet.

i) Writing on the Wall

Commonwealth Human Rights Initiative (CHRI), a non-governmental
organisation along with Nagarik Adhikar Kendra in Gujarat have started
the initiative of dispersing information at Panchayat level by doing
simple wall painting in local language. To improve the quality of
proactive disclosure, the organisation went to the communities to
determine the kind of information that would be useful and required by
them. The people identified that they needed information on details of
the government schemes that the villagers are dependent on.
Accordingly, simple templates were developed for disclosing
information in the areas of service delivery such as health, education,
Public Distribution System and implementation of the rural employment
guarantee scheme. This way, the relevant, updated and clear information
in local language was made available to the public. The whole exercise
was very cost-effective and simple in nature. The walls inside and
outside of the Government buildings were used to disclose information
through wall painting. The information disclosed through wall painting is
regularly replaced by new information. In this regard, the information
that has a very short span of life is written in chalk and board and
updated regularly. This is an apt example that through simple and
practical steps information can be disseminated in the lowest tier of the
governance.
ii) Project SARATHI
Pimpri Chinchwad Municipal Corporation, Pimpri, Maharashtra has
undertaken an initiative “SARATHI” to streamline and systematize the
existing process of providing information and registering complaints
246 about the services of Municipal Corporation. Due to tardy process of


information delivery, a lot of time of officers used to have been wasted Good Pratices and
Success: Efforts to
in giving even basic information to the citizens. Therefore, the need for Realise Transparency
and Accountability
a mechanism was felt to save precious time of the administration, spent
in answering queries and providing the information. An initiative named
“SARATHI”, which in Marathi means “one who guides towards the right
path” was started.
SARATHI in English has been given an acronym i.e.,“System of
Assisting Residents and Tourists through Helpline Information”.
Through this initiative, information related to basic services offered by
the various departments of Municipal Corporation can be easily accessed
without having to visit the office in person. Under this project, the
descriptive information of the departments was converted in the form of
Frequently Asked Questions (FAQs). The practical FAQs on the basic
services of Municipal Corporation and important offices of the Central
and State Government, included information pertaining to procedure for
submitting an application for a service; questions pertaining to
availability of prescribed form; documents required to be submitted;
place where the application is to be submitted; fees required; normal time
taken for the service etc.; sources for additional information;
responsibility of grievance redressal; etc. The Frequently Asked
Questions were developed for various departments in consultation with
the officers of respective departments. To address the needs of different
groups of citizens, a multi-pronged approach of delivery viz., through a
Book, Website, Mobile application, PDF & e-book, and Helpline (Call
Center) was designed. The SARATHI system has been integrated with
the existing grievance redressal system. As soon as a complaint is
registered at the Call Center, it is marked to the respective officer of the
concerned department and a token number is automatically generated,
which is sent to the citizen via SMS. Using this token number, the citizen
is able to track the process of resolution of the complaint online or can
dial the helpline to check its current status.
iii) RTI Library-Pune Municipal Corporation
It was observed by the Pune Municipal Corporation, Maharashtra that
most of the RTI Applications filed by people relate to information under
Section 4 of the RTI Act, which is required to be disclosed obligatorily
by the Public Authority. To deal with the situation, an open library for
documents under Section 4 of the RTI Act was set up, so that anybody
could walk in and read anything placed in the library. With proper
coordination between offices of the civic body, the documents required
for the library were identified and procured. The documents kept in the
library included information, which is required to be disclosed suo-motu
under Section 4. The number of RTI applications received at Municipal
247

 
Towards Good Corporation came down significantly because of the proactive disclosure
Governance
through Right to of information through the RTI library.
Information:
Initiatives and iv) Transparency Desk
Impact
To facilitate Proactive Disclosure of information under the RTI Act, a
Transparency Desk was started at the office of the SDM of Dhalai
District, Gandacherra in Tripura. Gandacherra being a rural and remote
sub-division in Tripura state, people therein do not have easy access to
electronic media like internet. Hence, initiative for proactive disclosure
through manual system was launched to provide easy access to
information and generate awareness. At Sub-Divisional Magistrate
office, Gandacherra, “Transparency Desk” was established to provide
assistance and help to the people of the sub-division. The Transparency
Desk covered all 22 Government departments and every office provided
information, which is relevant from the public point of view, based upon
most commonly asked information in RTI applications. The information
selected and compiled by different offices/ departments are maintained
separately in systematic manner for all departments. The registers are
also maintained to record details of the RTI applications, date and time
of public visit, nature of information required and their feedback. This
Desk also gives information to the applicant, available both in physical
and electronic form. Equipped with computers and internet, the Nodal
officer can access the websites of the Ministry or District Administration,
download the required information and provide to the public.
v) Karnataka: The Bhoomi Project
One of the major requirements for proactive disclosure of information is
maintenance of records systematically, and, as far as possible,
computerise these records and connect them through a network all over
the country. The Central as well as State Governments have repeatedly
expressed their commitment for computerisation and adoption of
information technology. Substantial funds have also been allocated under
various projects and schemes of the Central and State Governments for
this purpose.
The Revenue Department of Karnataka has digitised and made its land
records available online. The Bhoomi Project arose out of the need to
create a system that would prevent the inaccuracies that marred the
manual system of maintaining land records. This is a Central scheme
implemented by the state Revenue Department through the Deputy
Commissioners of various districts. Under the project, land records are
updated and changes are made online. It ensures that when the farmers
request a record of rights, tenancy and crops, the information is current.
The software incorporates the updating of land ownership details in the
248 business process itself so that there is no lag in the update method. This


system allows officials to add other information to existing information, Good Pratices and
Success: Efforts to
and monitor all pending work through email. It also provides inbuilt help Realise Transparency
and Accountability
to recover data from a crashed system. The project has an inherent state
of the art security system to protect the system and records from any sort
of manipulation.

Check Your Progress 1

Note i) Use the space given below for your answers.

ii) Check your answers with those given at the end of the Unit.
1) Highlight the key aspects for effective implementation of the RTI Act.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
2) Discuss the use of ICTs in strengthening the RTI on the basis of any four
good practices in various departments and states.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
3) Explain the significance of “Writing on the Wall” in proactive disclosure.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………

13.4 EFFECTIVE USE OF THE RTI ACT:

ACCESS OF MARGINALISED
POPULATION TO SPECIFIC
GOVERNMENT SCHEMES
ICT Ecosystem for MGNREGA in Rajasthan

One World Foundation India with the Ministry of Rural Development

(MoRD), Government of India, Government of Rajasthan and the United
249

 
Towards Good Nations Development Programme (UNDP), have very effectively utilised
Governance
through Right to ICT tools to enable efficient implementation of the Mahatma Gandhi
Information: National Rural Employment Guarantee Act (MGNREGA) in Rajasthan. The
Initiatives and
Impact ICT Ecosystem for MGNREGA aimed at using the power of the internet and
related communication technologies for creating a transparent and
accountable mechanism for the implementation of MGNREGA. The project
aimed at enabling the poor, especially women, to access information, demand
their rights-based entitlements and ensuring effective devolution of the
government responsibilities provided under the Act.

The front end technology comprised of the Information Kiosk and the
Unified Handheld Device. Under the project, Soochna Seva Kendra
(Information Kiosks) equipped with an advanced ICT enabled apparatus were
established to provide information and assistance to workers on various
provisions of the MGNREGA; and their entitlements. Keeping in view the
low levels of literacy of the workers, Text-to-speech enabled touch screen
application was installed. The use of local language and user-friendly icons
has eased information delivery to target the users who have low literacy
levels. Biometric enabled and GPS verified attendance tracking tool – also
known as Unified Handheld Device (UHD) has also been added to the
programme. This was introduced to digitally generate the worksite muster
rolls. Earlier, the workers had to depend on the information provided by the
gram panchayat functionaries who acted as middlemen and corruption crept
in. The Information Kiosks by providing information directly to workers
have played an important role in eliminating the dependence of workers on
the gram panchayat functionaries.

13.5 INITIATIVES FOR GENERATING PUBLIC

AWARENESS
i) RTI on Wheels
To enhance participation of people in the democratic process through the
RTI, it is utmost necessary that this awareness about the Act reaches the
marginalised communities. For educating citizenry about the RTI,
JANPATH, Mahiti Adhikar Gujarat Pahel (MAGP) and Association for
India’s Development (AID) have started joint initiative “RTI on
Wheels”. The RTI on Wheels is multimedia vehicle, that is, used to
conduct Outreach Programmes for awareness generation and
mobilisation. Such programmes are conducted at various locations like
bus stand, Civil Hospitals, government offices, folk fairs, etc. at suitable
time where maximum people can be contacted in minimum time. During
the span of 30-40 minutes, RTI song, RTI success stories are screened
using multimedia. RTI publicity materials like pamphlets, books, user
250 manuals, sample applications, etc. are also displayed and screened.


Experts also address the gathering to educate the masses about the Good Pratices and
Success: Efforts to
provisions of the RTI Act. Many public authorities also invite “RTI on Realise Transparency
and Accountability
Wheels” to generate awareness as it has been found to be very effective
media for disseminating vital information.
The “RTI on Wheels” model has been replicated in various other states.
The Meghalaya Government has developed three RTI on Wheels for
conducting RTI awareness programmes to reach out to Naga, Garo and
Khasi tribes. The Gujarat Government has purchased two vehicles to
develop RTI on Wheels. The RTI on Wheels is a good medium to
generate awareness in RTI issues among the masses especially the
disadvantaged and marginalised sections of the society.
ii) Jan Sunwai and Social Audit
To ensure accountability and transparency in government functioning,
one of the basic requirements is that people should be consulted and their
feedback sought on a continual basis. The citizen needs to be legally
empowered to ask questions, file complaints, and be a part of the
corrective process.
A number of NGOs in various states are organising Jan Sunwai and RTI
camps, spreading awareness about the RTI Act throughout the state with
particular emphasis on disadvantaged group. The basic objective of
public meetings is to motivate people to use the RTI Act as a weapon for
realising their rights, and ensuring implementation of the RTI Act in
letter and spirit. The Public Hearing (Jan Sunwai) is one of the most
powerful public tools to demand accountability from local government
units. Public Hearing or Jan sunvai is open-air hearing where official
records of state development projects are exposed to the scrutiny of the
intended beneficiaries. There are number of NGOs and civil society
organisations in various states, which are engaged in organising public
hearings on the RTI and generating awareness. In Rajasthan, Mazdoor
Kisan Shakti Sangathan (MKSS) is an example of transparent
organisation, which triggered the conceptualisation of Jan Sunwai by
building the grassroots movement for transparency of government
functioning and people’s Right to Information.
In Delhi, NGOs like Parivartan and National Campaign for People’s
Right to Information (NCPRI) are organising such public hearings.
Residents of resettlement colonies, concerned officials, NGO activists
and media were present to attend the Jan Sunwai. A panel of eminent
citizens are invited to preside over the proceedings, which generally
include retired Judges, community leaders, NGO activists, Journalists,
representatives from the Government of India, etc. This panel seeks
modes of accountability to resolve some of the problems to be thrown up
during the public hearing. 251

 
Towards Good The significance of RTI can be observed in Social Audit also. It is a
Governance
through Right to process wherein a systemic demand of information by the community is
Information: raised in response to the works/programmes that have already been
Initiatives and
Impact implemented by the government or other agencies for that particular
area/community. In this process, both people and the Government jointly
monitor the project scheme. The objective of the process is full access to
information. The process of social audit has evolved in India, which can
potentially become a powerful democratic tool to ensure transparency
and accountability to the people. The MKSS, in mid-1990s began
experimenting with it and organised village-based public hearings on
development expenditure. Their efforts helped in establishing the Right
to Information as a potent tool for people’s issues.
The RTI Act has given citizens’ access to the government records, which
is the precondition for social audits. The social audit process is
conceptually simple. Information is to be proactively shared amongst
people to enable them to do “performance audit” of a service or
programme. The audit covers all stages of performance - from planning
to implementation and evaluation. The Mahatma Gandhi National Rural
Employment Guarantee Act was the first law to mandate social audit as a
statutory requirement. A number of states have made significant progress
in conducting the social audits. In this regard, we will discuss, in detail,
in Unit 14 of this course. Andhra Pradesh has institutionalised social
audits, which has yielded positive outcome. There have been innovative
efforts in States like Sikkim, Tamil Nadu and Jharkhand. In 2017,
Meghalaya became the first State to roll out a social audit law to cover
all departments.
Usually, photocopies of the records of works of the concerned
department are obtained by using the RTI Act and this information is
disseminated amongst the residents of the locality to begin the process of
verification of works. Then the residents of the locality are invited to
voice their comments related to verification of actual work done. This
helps in the evaluation of work done on the spot. The Jan Sunwai has
demonstrated the proportion of embezzlement and urgency with which
the issue needs to be tackled. It has clearly established that most of the
time, it is not the inadequacy of funds but leakage and corruption, which
are responsible for poor development. The Jan Sunwai has made it
possible to hold the government accountable in full public glare. Due to
efforts of the RTI campaign and local organisations, public hearings of
this kind have been held in rural areas in several states on a range of
subjects including human rights, democratic rights, environmental
concerns and issues of governance.

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Check Your Progress 2 Good Pratices and
Success: Efforts to
Realise Transparency
Note i) Use the space given below for your answers. and Accountability

ii) Check your answers with those given at the end of the Unit.
1) Describe the use of the RTI Act in improving the access of marginalised
population to government schemes on the basis of a suitable example.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
2) “Non-Governmental Organisations have contributed effectively in
generating public awareness about RTI”. Comment.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
3) Discuss the role of Jan Sunwai and Social Audit in generating public
awareness about their rights and the RTI.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………

13.6 CONCLUSION
Since the RTI Act was enacted in 2005, attempts have been made at the
Central and State levels to implement the Act in letter and spirit. Both the
central and the state governments have undertaken many innovative
measures, some of which have been discussed in this Unit. These initiatives
provide a set of general principles, which need to be adopted more rigorously
to make RTI a reality. First and foremost there is need to ensure ease of
obtaining information, which is cost effective as well. Any measure that
significantly lowers the transaction costs of seeking information by the
citizens goes a long way in making RTI an achievable reality. The setting up
253

 
Towards Good of Information Kiosks, RTI Helplines, Call Centres using ICT technologies
Governance
through Right to places the least demand on the citizens in terms of costs related to time,
Information: physical movement, and information costs. Similarly, a mobile centre, which
Initiatives and
Impact reaches the doorsteps of villagers, especially in remote and difficult areas like
those in the North-Eastern regions, provides similar advantages to citizens.

Secondly, the type of information and the manner in which it is made

available are important to the citizens. People are interested in matters, which
affect them directly like MGNREGS, PDS, land rights, amount of taxes to be
paid and the status of their complaints. Systems, which allow citizens to
individually access the relevant information, which is placed by public
authorities in the public domain are extremely useful. Other types of
proactive disclosures, which are required relate to information, which may be
needed by the citizens for interfacing with the government. This would
include step by step directions for the process to be followed, names and
contact numbers of the concerned officials, required forms, and so on. This
information is not person specific, but is being asked a number of times
through the RTI applications. This raises the need that it should be put in the
public domain by authorities, municipalities, and government at all levels by
adopting innovative ways to achieve this. Further, efforts are required to
present this information in citizen friendly and simple manner. The same
should be regularly updated. Therefore, the information which is presented in
form of FAQs and transmitted in local and simple language makes
comprehending the same easier for people. Finally, since constant vigilance
is the price for freedom, the role of NGOs, the media, the courts and civil
society are critical. India is fortunate to have a very active and vigilant civil
society movement, and the media has not been afraid to highlight deficiencies
or deviations from democratic norms. Their role in the spread of awareness
has been exemplary.

13.7 GLOSSARY
MGNREGS: It refers to the Mahatma Gandhi National Rural Employment
Guarantee Scheme, which is based on the Mahatma Gandhi National Rural
Employment Guarantee Act, 2005. It aims at enhancing the livelihood
security of people in rural areas by guaranteeing hundred days of wage –
employment in a financial year to a household whose adult members
volunteer to do unskilled manual work to earn.

PDS: It refers to the Public Distribution System, evolved as a system of

management of scarcity through distribution of food grains at the affordable
prices in India. It is operated under the joint responsibility of the Central and
State/UT Governments.

254


Good Pratices and
13.8 REFERENCES Success: Efforts to
Realise Transparency
and Accountability
Central Information Commission.(n.d.). Annual Reports. Retrieved from
https://cic.gov.in/reports/37

Chadah, S. (2010). Good Practices Relating to RTI Implementation in India.

Regional Workshop on “Towards More Open and Transparent Governance in
South Asia” April 27-29, 2010. Retrieved from http://rtiworkshop.pbworks.
com/f/2010-04-IN-Good-Practices-Relating-to-RTI-Implementation-in-India-
IIPA.pdf

Department of Personnel and Training. (2014). Compendium of Best

Practices on RTI-Volume 1. Retrieved from https://smartnet.niua.org/ sites/
default/files/resources/compendium_online.pdf

Department of Personnel and Training. (2014). Compendium of Best

Practices on RTI Volume 2.0. Retrieved from, https://documents.
doptcirculars.nic.in/D2/D02rti/final_compendium.pdf

Kumar, C. (n.d.). Project Report on Project ‘JAANKAARI’ An ICT Initiative

through Facilitation. Retrieved from http://cic.gov.in/.

13.9 ANSWERS TO CHECK YOUR PROGRESS

EXERCISES
Check Your Progress 1

1) Your answer should include the following points:

x Use of ICTs to strengthen the implementation of the RTI Act;
x Effective use of the RTI Act to improve access of marginalised
population to specific government schemes – MGNREGS and PDS;
x Implementation of suo motu provisions of the RTI Act; and
x Other good practices, including awareness generation.
2) Your answer should include the following points:
x DoPT – RTI Online.
x Central Monitoring Mechanism in Odisha.
x JAANKARI – A facilitation centre.
x E-governance initiatives for RTI at Hamipur, Himachal Pradesh.
3) Your answer should include the following points:
x Refer Section 13.3(i)

255

 
Towards Good Check Your Progress 2
Governance
through Right to
Information:
1) Your answer should include the following points:
Initiatives and
Impact x Refer Section 13.4
2) Your answer should include the following points:
x Refer Section 13.5
3) Your answer should include the following points:
x Refer Section 13.5(ii).

256


 Social Audit
UNIT 14 SOCIAL AUDIT*

Structure

14.0 Objectives
14.1 Introduction
14.2 Social Audit
14.2.1 Meaning, Objectives, Role and Significance
14.2.2 Social Audit in Selected Schemes

14.2.3 Social Audit: Process and Significant Steps

14.2.4 Social Audit: Impact

14.3 Social Audit: Issues and Challenges

14.3.1 Social Audit: Planning

14.3.2 Social Audit Process: Evaluation

14.3.3 Social Audit: Inadequate Support

14.4 Social Audit: Innovative Practices and Way Forward

14.5 Conclusion
14.6 Glossary
14.7 References
14.8 Answers to Check Your Progress Exercises

14.0 OBJECTIVES
After studying this Unit, you should be able to:
x Discuss the meaning, objectives, role and significance of Social Audit in
India;
x Bring out the schemes/programmes, in which Social Audit is
conducted;
x Enumerate the process and significant steps in Social Audit;
x Describe the issues and challenges in conducting Social Audit;
x Examine the practice of Social Audit in selected states; and
x Highlight the innovative practices that may be replicated in other states and
measures for effective Social Audit.


Ύ
Contributed by Prof. Durgesh Nandini, Faculty of Public Administration, SoSS, IGNOU,
New Delhi.


257

 
Towards Good
Governance
14.1 INTRODUCTION
through Right to
Information: Social Audit is a powerful tool, that is, associated with accountability and
Initiatives and
Impact promotes the Right To Information (RTI). It enhances transparency and
accountability in the Government schemes/programmes. A Social Audit can
be considered as an empowering process, in which the user community
validates the usefulness and quality of the scheme/programme through
monitoring process. It is beyond a Financial Audit that checks bills, vouchers
and books of accounts. It is a continuous process that includes verification of
works at the various stages of implementation of programmes/schemes with
active involvement of the primary stakeholders.

Social Audit and RTI

In the process of Social Audit, team members need access to various

government documents to monitor the implementation of
scheme/programme; and provisions for the beneficiaries. These documents
include bills and vouchers of reported expenditure for justification and
verification of expenditure, invoices and receipts for purchase; and copy of
supporting laws, norms and standards. As the Social Audit is fact finding,
which is based on evidences and documents, therefore in case of non-
availability of documents, due to malafide intentions of the bureaucracy,
necessary documents can be obtained through the RTI. Thus, after obtaining
the required documents, that is, evidence for clear understanding of what is to
be expected from the Government, the Audit Team members and
beneficiaries/community can verify official obligations and commitments
against their own experiences of a particular scheme/programme. Keeping
above in view, it can be stated that the RTI is a tool against corrupt practices
and plays an important role in conducting the Social Audit.

The process of Social Audit took root with the launch of National Rural
Employment Guarantee Act, 2005 that was renamed as the Mahatma Gandhi
National Rural Employment Guarantee Act (MGNREGA), which mandates
the regular conduct of social audits of works sanctioned under the
MGNREGA in the Gram Sabha, at least, once every six months. It adds to
effectiveness in the programme implementation and efficiency of political
leaders and administrators at the grassroots level. The states in India have
taken up Social Audit of various programmes/schemes such as MGNREGS,
Pradhan Mantri Awaas Yojana (PMAY), Mid-Day Meal Scheme (MDM),
Integrated Child Development Services (ICDS) and Public Distribution
System (PDS). However, few research studies have been conducted on the
nature, form and methods of conducting the Social Audits; institutional
architecture needed for undertaking audits; and challenges being faced by the
stakeholders in above stated programmes. In this Unit, we will discuss the
258 meaning, objectives, role and significance of the Social Audit. In addition,


study will explore the major issues and challenges in conducting the effective Social Audit

social audits in India and way forward.

14.2 SOCIAL AUDIT: MEANING, OBJECTIVES,

ROLE AND SIGNIFICANCE
Social Audit is accepted as an important mechanism to address corruption
and strengthen accountability in the government schemes/programmes and
service delivery. In this section, first of all, we will focus on its meaning,
objectives, role and significance.

14.2.1 Meaning, Objectives, Role and Significance

The term social audit has been interpreted in several ways. In common
parlance, audit refers to the inspection of finances of the institution by an
authorised body or department. Here, it is worth mentioning that financial
audit differs from social audit. The social audits are expected to examine the
social accountability of public institutions from the perspective of welfare of
the target/user community. In social science, it is recognised as a powerful
tool to enforce transparency and accountability. However, the social
scientists define it as a systematic and comprehensive evaluation of an
organisation’s social performance, which is elucidated as an organisational
effort in augmenting the welfare of citizens. It is a continuous process that
includes verification of works in implementation of the government
schemes/programmes. It can be stated as an activity to audit a
scheme/programme jointly by the Government, Civil Society Organisations
and citizens especially its beneficiaries.

The need for social audit arises due to various reasons especially to address
corruption and strengthen accountability of the concerned authority. As we
know, the Government spends huge sums of money and resources on public
welfare through various centrally and state sponsored schemes/ programmes.
In this regard, every public institution is accountable for the money utilised to
achieve the intended objectives in the public interest. Now, the Government
is making efforts to meet the growing demand for accountability and social
responsibility, and the citizens are becoming more assertive about their
rights. In this context, they tried to influence the Government’s decision-
making process through the RTI, which is not sufficient. It has been realised
that the Social Audit is necessary, since on the basis of Social Audit
planning, management and measurement of non-financial activities; and
monitoring of the department’s operations can be carried out effectively. The
first initiative regarding formal Social Audit can be observed in Section 17 of
the National Rural Employment Guarantee Act, 2005, which states that the
Gram Sabha shall conduct Social Audit of all the projects under this scheme
that are taken up within the Gram Panchayat. 259

 
Towards Good The major objectives of Social Audit are to:
Governance
through Right to
Information:
a) Promote transparency and accountability in implementation of the
Initiatives and government scheme/programme;
Impact
b) Strengthen the democracy and institutions at the grassroots level;
c) Encourage people’s participation in effective implementation of the
scheme/ programme;
d) Engage, inform, educate and empower local people specially
beneficiaries of the scheme/ programme about their rights;
e) Provide a platform for local people specially beneficiaries of scheme/
programme to express their basic needs and grievances;
f) Capacity building of persons participating in the Social Audit; and
g) Strengthen the scheme/programme by improving planning, that is, based
on feedback received through the Social Audit.

Social Audit: Role

It is a way of measuring, reporting and improving the social and ethical

performance of an organisation. Hence, it is considered as a powerful tool to
promote transparency, accountability and people’s participation in
government schemes/programmes. The team for Social Audit examines the
physical, financial and implementation related issues. In this process,
quantitative and qualitative inputs are publicly verified. On the basis of
findings, it prepares a report and suggests suitable directions for developing
further strategies for effective implementation of the scheme/programme.
Major focus remains on higher degree of transparency, accountability,
effective community participation, and better relationship and mutual trust
between the community and local self-government for achieving the desired
objectives.

The Social Audit contributes in realising rights of citizens and promotes

active citizenship in rural areas. It educates and encourages the affected
people to exercise their rights as a beneficiary of scheme/programme. Thus,
the Social Audit encourages the citizens to claim their constitutional right to
participate in governance; and improve government accountability and
performance.

Social Audit: Significance

The significance of Social Audit lies in examining the effectiveness,

usefulness and relevance of implemented scheme/programme so that its
benefits must reach to its mandated target group. In addition, this process
contributes in strengthening the accountability of the concerned authority. In
addition, its importance is evident in the decision of the Ministry of Rural
260


Development (MoRD) in consultation with the Comptroller and Auditor Social Audit

General (C&AG) of India, to notify the Mahatma Gandhi National Rural

Employment Guarantee Audit of Scheme Rules in 2011. Its notification to
ensure the proper conduct of social audit has inspired the stakeholders to
contribute effectively. In these rules, responsibilities of the facilitating
organisation, that is, Social Audit Unit, roles and responsibilities of the
official, social audit pre-requisites, social audit process, responsibility of the
State Government to take follow-up action and responsibility of the State
Employment Guarantee Council (SEGC) to monitor the action taken, and
place it before the State Legislature are clearly specified. In order to make the
Social Audit exercise more effective, in June 2015, the MoRD in consultation
with the C&AG constituted a task force. It is to be noted that to strengthen
the social audit process, in December 2016, the MoRD has forwarded the
Auditing Standards to all states for necessary action and compliance. The
Second Administrative Reforms Commission (SARC) in its report also
supported this initiative and stated, “…the social audit through client or
beneficiary groups or civil society groups is yet another way of eliciting
information on and prevention of wrong doing in procurement of products
and services for government, in the distribution of welfare payments, in the
checking of attendance of teachers and students in schools and hostels, staff
in the hospitals and a host of other similar citizen service-oriented activities
of government”. Further, it added that it will be a useful supplement to
surprise inspections on the part of the departmental supervisors. The
Commission suggested that provisions for the Social Audit should be made a
part of the operational guidelines of all schemes. The SARC recommended,
“Operational guidelines of all developmental schemes and citizen centric
programmes should provide for a social audit mechanism” (Second
Administrative Reforms Commission, Ethics in Governance, January 2007,
p. 133).

In the Gram Sabha meeting for Social Audit, the beneficiaries and persons
who are concerned with the issues related to the Government
schemes/programmes also participate effectively. In this regard, it is to be
noted that the Audit is conducted in local language so that all members
including women and marginalised section of society can also participate.

14.2.2 Social Audit in Selected Schemes

As the Social Audit opens the implementation process to public scrutiny and
promotes active engagement of stakeholders for effective utilisation of the
government funds, the government has therefore introduced the provision of
Social Audit in many flagship programmes. However, as we have discussed
earlier, the Mahatma Gandhi National Rural Employment Guarantee Act
(MGNREGA) and the National Food Security Act (NFSA) have provisions
for conducting the Social Audit. The Government has issued guidelines for 261

 
Towards Good undertaking the Social Audits under other schemes also such as ICDS,
Governance
through Right to Swachh Bharat Mission (SBM), etc. In this regard, legal and schematic
Information: provisions are incorporated in the Panchayati Raj Acts of various states.
Initiatives and
Impact
In addition to the MGNREGS, examples of some states will be worth
mentioning that have initiated the Social Audits in following Schemes/
Programmes:

i) PMAY – Uttar Pradesh, Meghalaya, West Bengal and Chhattisgarh

ii) PDS – Karnataka
iii) MDM– Uttarakhand and Karnataka
iv) SBM– Telangana and Karnataka
v) ICDS –Telangana
vi) Stree Nidhi loans to SHGs –Telangana
vii) Tribal Development Society Programmes – Jharkhand
viii)Rural Drinking Water Scheme – Karnataka.

14.2.3 Social Audit: Process and Significant Steps

Now, it is clear that the Social Audit is a community-driven process. It is
facilitated by community participation, such as the Gram Sabha members in a
village. This process is undertaken in a systematic manner to achieve the
desired objectives. It is planned in a series of steps. As each step is
significant, therefore sufficient time is provided to complete each and every
step. For better understanding, we can divide this process into following
phases:

Phase 1: Pre- Social Audit

This phase includes all the preparatory activities that need to be undertaken
before conducting the Social Audit such as selection of suitable Village
Social Animator (VSA); sensitisation of community, NGOs and concerned
Government Agencies; skill development for conducting VSA training and
preparing reports; and preparation of a calendar of Social Audit schedule for
each Panchayat and Block.

Phase 2: During Social Audit

The actual Social Audit activities are conducted in this phase like validation
of the VSA committee members. The VSA committee conducts physical and
oral verification of documents; and present its findings to the Gram Sabha. It
facilitates the process in a socially ethical and accountable manner.

262


Phase 3: Post-Social Audit Social Audit

The findings of Social Audit are consolidated for sharing in this phase, that
is, preparation of Action Taken Report. Efforts are also made to resolve all
grievances in the Gram Sabha itself. In case of any unresolved issue, it can be
taken up in a public hearing (Jan Sunwai) or any other suitable forum.

In the process for undertaking Social Audit, following steps are necessary:

i) Identification of the specific programme/scheme; and the deliverables to

be covered in a Social Audit. All the pertinent information needs to be
collected in advance to ensure the success of Audit. For example, in the
case of MGNREGS, efforts are made to find out whether all workers
received timely and full payment; proper identification of beneficiaries
for individual asset creation; actual measurement and physical details of
the work and work sites; details of expenditure incurred with bills and
vouchers; verification of attendance registers to check actual presence of
paid workers.
ii) Providing timely information to the district, block and other officials
regarding convening the Gram Sabha meeting for conducting the Social
Audit.
iii) Proper record management; and data collection.
iv) Formation of the Social Audit Committee (SAC) for effective conduct of
Social Audit.
v) Capacity building of the Social Audit Committee members and
Animators.
vi) Selection of willing and dedicated members, Chairperson and Secretary
for the Social Audit Committee in the first meeting of Gram Sabha.
vii) For the systematic verification, the data collected from the Management
Information System (MIS) records is verified against facts from the field;
and validated to iron out any misinformation.
viii)In preparing a Verification Report, the SAC will prepare a document on
the basis of observations and analysis of its verification process, which
will cover all important aspects of the programme delivery, including the
perception of the community regarding the quality, quantity, usefulness
and structures created/ services provided.
ix) For sharing of the Verification Report and decisions, after setting the
ground rule and verifying the required quorum, the Gram Sabha asks the
SAC to present the Verification Report.
x) After documentation of the Gram Sabha decisions, the VSA prepares the
Social Audit Report (SAR) in view of the programme. The format for
writing the Report, includes the issues to be audited; details of 263

 
Towards Good information required; sources of information; method of information
Governance
through Right to verification; legal implications; good practices that are being followed;
Information: findings of the Social Audit; details of the guilty; issues for further
Initiatives and
Impact investigation; and major decisions.
xi) Decisions of the Gram Sabha during the Social Audit must lead to
concrete corrective actions. If the Gram Sabha takes decisions by itself,
such decisions can be quickly implemented. In case of certain issues,
which cannot be resolved at the Gram Sabha level, they must be taken up
with the concerned departments and action should be initiated. It will
establish the trust of the community in the Social Audit and the decisions
of the Gram Sabha.

A summary of findings of the Social Audits conducted during a financial year

must be submitted by the State Government to the Comptroller and Auditor
General of India.

14.2.4 Social Audit: Impact

It is evident from the study that the effective Social Audit ensures
transparency and accountability in implementation of schemes/programmes.
In addition, it enhances community participation that results in effective
implementation and ownership of the scheme/ programme. Consequently, the
implementing agency becomes more accountable; and community becomes
more responsible for achieving the goals of scheme/programme. In the Social
Audit meeting, vulnerable people get a chance to express their concerns and
share their opinion on scheme/programme implementation. As a result, joint
efforts of the SAC members, officials and civil society groups and active
people’s participation speed up the scheme/programme implementation to
achieve the desired goals. Above all, the community acquires the right to
control their resources. In addition, the participatory democracy and
governance are promoted. However, the beneficiaries of scheme/programme
in case of the ineffective Social Audit, in certain states, are affected due to
corruption, lack of efforts and apathetic attitude of officials, poor record
management and inadequate staff for Social Audit, etc. In view of the above
facts, in the next section, we will focus on major issues and challenges that
create hindrances in the process of Social Audit and successful
implementation of the scheme/ programme.

Check Your Progress 1

Note: i) Use the space given below for your answers.

ii) Check your answer with those given at the end of the Unit.
1) Discuss the meaning and significance of Social Audit.
……………………………………………………………………………
264


…………………………………………………………………………… Social Audit

……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
2) What are the major objectives of the Social Audit?
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
3) “In addition to the MGNREGS, the Government has issued guidelines
for undertaking the Social Audit under other schemes also because it
brings transparency and accountability”. Comment and highlight the
names of any five schemes/programmes.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………

14.3 SOCIAL AUDIT: ISSUES AND

CHALLENGES
In the process of Social Audit, data† based on the study of selected states
reflect that following challenges are being faced in the planning and
execution of the Social Audit:

14.3.1 Social Audit: Planning

As per Section 6 (1) of the Mahatma Gandhi National Rural Employment
Guarantee Audit of Schemes Rules, 2011, every Social Audit Unit (SAU)
shall at the beginning of each year, frames an annual calendar to conduct at
least one Social Audit in each Gram Panchayat (GP) in six months. A copy of
the calendar shall be sent to all the District Planning Committees (DPCs) for


†
Government of India, 2016, https://nrega.nic.in/netnrega/writereaddata/ Circulars/2006
MoRD_Letter_and_CAG_Report.pdf 265

 
Towards Good necessary arrangements. It is to be noted that the calendar should stipulate the
Governance
through Right to sequence and dates of Gram Sabha and Social Audit public hearing for all the
Information: GPs of a concerned State. Further, any change in the actual conduct of Social
Initiatives and
Impact Audit vis-a-vis the Social Audit calendar, which is approved, is considered as
a violation of the process: and can be considered only with the approval of
Director, Social Audit Unit (SAU) and Principal Secretary, Rural
Development Department. The study explores the following challenges:

i) Preparation of Annual Calendar for Social Audit: Lack of Efforts

In Karnataka, Chhattisgarh, Meghalaya, Mizoram and Sikkim the annual
calendars to conduct the Social Audit of GPs were prepared; and in
remaining twenty states, either it was not prepared (14 states) or the
states (6 states) have not furnished the information. As a result, annual
calendar to conduct the Social Audit in each GP was not prepared in
majority of states.
ii) Social Audit: Inadequate Coverage
Inadequate coverage of Social Audit has been observed in states, where
Social Audit was conducted. The data reflects that out of 2, 34,594 GPs
to be covered for Social Audit in 25 States, during 2014-15, only
1,20,841, that is only 51 percent GPs were covered; and in the remaining
GPs, the Social Audit was not conducted.

14.3.2 Social Audit Process: Evaluation

For assessment of the effectiveness of conducted Social Audits, study was
conducted in 1140 GPs in 25 states (Except Arunachal Pradesh, Kerala,
Manipur and Nagaland) wherein Rs.414.89 crore was incurred on the
MGNREGS works; and Social Audit was conducted during 2014-15. The
study explores that in 16 GPs in Haryana, Jammu & Kashmir, Jharkhand,
Punjab, Telangana and Uttarakhand, the State Government has informed that
the Social Audit was conducted, but it was observed that the Social Audit
was actually not conducted, which is a major challenge in case of availability
of reliable data and information on Social Audit.

In addition, Section 3 (1) of the Rules specifies that the Social Audit should
be conducted in every GP, at least twice a year. Here, it is worth mentioning
that during 2014-15, the Social Audit was conducted in 1124 GPs, out of
which in 368 GPs the Social Audits were conducted twice; and once in
remaining GPs. It is evident that 1492 Social Audits were conducted instead
of 2248 as stipulated in the said provision. In this regard, a shortfall of 34
percent Social Audits reflects a challenge in conducing regular Audits.

For facilitating the conduct of Social Audit, at least 15 days in advance of the
scheduled date of meeting of the Gram Sabha conducting Social Audit, the
266 Programme Officer ensures that records and information of the implementing


agencies including Action Taken Report (ATR) on the previous Social Audit Social Audit

are properly collated and provided along with photocopies to the SAU. It is
specified in Section 5 of the Rules and provisions of Para 13 of the
Operational Guidelines 2013 (OG) that the SAU teams are required to
conduct door to door visit to meet beneficiaries of the MGNREGS; and share
relevant information with them. The team has to visit Project sites, and
physically verify whether completed projects match the information, that is,
contained in the records of implementing agencies. In this regard, especially
in states where the SAUs were working, the study highlights the following
challenges in conducting the Social Audit:

i) Social Audit: Lack of Efforts and Poor Record Management

In the states of Chhattisgarh, Gujarat and Meghalaya, documentation to
ensure availability of Measurement Book, Stock Register, Muster Roll,
etc. was not on record. In this regard, Tripura state has reflected a
different image; neither the implementing agencies nor the SAU sought
any record/information from district/block/GP level as required under the
Rules. Consequently, there was little assurance of examination of records
by the SAU. However, in Karnataka, no communication was made by
SAU to DPC/PO regarding seeking of records to be produced. It has
been observed that in Andhra Pradesh and Telangana, the SAU sent
intimation for conducting Social Audit 4 to 13 days in advance by email
instead of the prescribed 15 days as per Rules. As a result, records in
regard to complete expenditure were not made available for Social Audit.
It is to be noted that in Tamil Nadu, all information and records were
obtained; and examined by the SAU teams.
In this study, in 197 out of 497 GPs, efforts were not made for door-to-
door visit to meet and share relevant information with beneficiaries of
the MGNREGS. In addition, non-requisition/production of records in
large number of cases reflects non-compliance of the laid down
provisions under the Rules. Further, the mechanism in place in
conducting Social Audit was also seriously eroded in the absence of
complete documentation and appropriate verification procedure; and
verification of the Project sites.
ii) Awareness among Stakeholders about Social Audit Meeting
Under MGNREGS Rules, 2011, Section 4 (2) (c) of Rules and Para
13.3.2 of OG specify that the labourers and the village community shall
be informed about the Gram Sabha conducting Social Audit to ensure
full participation. In this context, the resource persons as well as the
Programme Officers are expected to be informed. It is to be noted that in
91 GPs in Himachal Pradesh, Odisha and Tripura, labourers and village
community were not informed about the Gram Sabha meeting. In
267

 
Towards Good Chhattisgarh, 45 out of 50 selected GPs, no documentary evidence
Governance
through Right to regarding intimation of Social Audit by the Gram Sabha to labourers and
Information: village community was produced. However, in 45 GPs in Assam,
Initiatives and
Impact interaction with 363 Job card holders was done to assess the awareness
level on Social Audit and their involvement in the process. It has been
observed that 9 to 67 percent villagers expressed their ignorance about
the process of Social Audit. Even the Director, SIRD also mentioned that
only 10 to 25 percent people could be involved during the Gram Sabha
meeting for Social Audit. In Bihar, Jammu & Kashmir and West Bengal,
the labourers and village community were not informed about the Gram
Sabha conducting Social Audit. Keeping above situation in mind, it can
be stated that unaware and ignorant stakeholders can never contribute in
Social Audit or achieving the goals.
iii) Social Audit: Role of SAU and Gram Sabha
It is stated in Para 13.3.5 of OG that to conduct the Social Audit process,
a Gram Sabha shall be convened to discuss the findings of the
verification exercise, and review the compliance on transparency and
accountability, fulfilment of the rights and entitlements of labourers, and
proper utilisation of funds. The Gram Sabha has to be convened in a
neutral public space. The meeting is to be chaired by an elderly villager
who is not a part of the Panchayat or any implementing agency. In
meeting, decisions and resolutions will be put to voting. Further,
dissenting opinion must be recorded in the minutes of the meeting. At the
beginning of the meeting, it is necessary to read out the Action Taken
Report on the previous Social Audit conducted by the Gram Sabha. In
this meeting, all the concerned officials must be present to answer
queries from the members of the Gram Sabha. As per Section 6 (7) of the
Rules, the District Programme Coordinator (DPC) must attend the Gram
Sabha meeting or nominate an official of appropriate level for smooth
conduct of the meeting. The proceeding of the Social Audit should be
video recorded, compressed using latest compression techniques and
uploaded on website, www.nrega.nic.in without editing. This video
recording is to be stored in the custody of DPC. To facilitate the conduct
of Social Audit by Gram Sabha, the resource persons deployed by the
SAU, along with primary stakeholders must verify that the wall painting
showing details of money paid to all job card holders have been done
using the prescribed format. In this regard, the details contained therein
are a true reflection of the records as they obtain in www.nrega.nic.in;
and at the Block and Panchayat office. It is to be noted that as per Para
13.3.12 of OG, the SARs should be prepared in local language by the
SAU. The SARs shall be counter-signed by the Chairperson of that
particular Gram Sabha. In this regard, a copy of the report has to be
268 displayed on the notice board of the GP for minimum seven days. The


SAU is responsible for hosting of the SAR including Action Taken Social Audit

Report in the public domain.

In practice, it has been observed in holding and reporting mechanism by
Gram Sabha in 1124 GPs test checked in audit for 25 out of the 29 states
has resulted in:
a) Agenda of Gram Sabha Meeting: In 135, that is, 12 percent GPs in
11 States, the Gram Sabha meetings were not convened to discuss
the findings of Social Audit.
b) Venue of Gram Sabha Meeting: In 21 percent GPs of 11 states, the
Gram Sabha meetings were not held at neutral place.
c) Chairperson of Gram Sabha Meeting: In the 50 percent GPs of
20 states, the Gram Sabha meetings were not chaired by an elderly
person. In this context, as per reports, elderly villager chaired the
Gram Sabha meetings in Uttar Pradesh, Chhattisgarh, Tamil Nadu
and Sikkim.
d) Voting for Decision and resolutions of the Gram Sabha: In 40
percent GPs of 12 states, decisions of the Gram Sabha were not put
to vote in meeting.
e) Discussion on ATR: In 50 percent GPs of 15 states, the ATRs on
the earlier conducted Social Audits were not discussed in the Gram
Sabha meetings. It is to be mentioned that the Social Audit was
conducted for the first time in Madhya Pradesh during 2014-15.
f) Countersign of Chairperson on Report: In 48 percent GPs of the
16 states, the SARs were not countersigned by the Chairperson of
the Gram Sabha. Further, no information was provided in Punjab.
g) Status of SARs in Social Audit: It is worth mentioning that during
2014-15, 1492 SARs were supposed to be prepared in 25 states; and
1270 SARs were prepared. In 10 states, 30 out of 557 Social Audits
were conducted, and 40 percent SARs were not prepared. In the
remaining 15 states, 935 Social Audits were conducted and the
SARs were also prepared. Thus, it is evident that status of the
preparation of SARs in various states was not the same, and that is
the challenge for many SAUs.
h) Standard format for SAR: The study reflects that out of 1270
SARs prepared in test checked GPs during the year 2014- 15, 29
percent SARs in 11 states were not prepared in the standard format.
i) Hosting of SARs on the website: It has been observed that out of
1270 SARs prepared during 2014-15, 14 percent were uploaded on
the Ministry’s website by six states. It includes 50 SARs uploaded
269

 
Towards Good on states website. However, Sikkim uploaded 50 SARs on the
Governance
through Right to State’s website only.
Information:
Initiatives and j) Preparation of SARs in Local Language and Display on Notice
Impact
Board: In 30 percent GPs of nine states, SARs were not prepared in
local language; and in 51 percent of the GPs of 15 states, SARs were
not displayed on the identified Notice Board.
k) Wall Painting to Display: In 78 percent GPs of 21 states, there was
no wall painting to display details of money paid to job cardholders
in the MGNREGS.
l) Proceedings of Gram Sabha: In 82 percent GPs of 24 states,
proceedings of Gram Sabha were not video recorded. However, in
200 GPs video recording of proceedings were done, but recording of
160 GPs was not uploaded on the website.
m) Presence of DPC or Nominated Officer in Gram Sabha Meeting:
In 58 per cent GPs of 19 states, neither the DPC nor nominated
officer had attended the Gram Sabha meeting for Social Audit.
n) Participation of Village Community: In 58 percent GPs of 20
states, Gram Sabha meetings were convened with less than 10
percent of participation of the village community.
After a thorough study, it can be stated that deficiencies in planning and
execution of the Social Audit like irregularities and lack of efforts in
preparation of annual calendar for Social Audit, record management,
documentation, verification of project sites, convening of Gram Sabha
meetings, voting for decision and resolution of the Gram Sabha,
preparation of SARs, video recording of the proceedings of Gram Sabha
result in corruption, inappropriate decisions and ineffective
implementation of the Government schemes/programmes. In this regard,
lack of awareness and knowledge among the stakeholders contributes
more in poor implementation of the programmes, which directly affect
the beneficiaries and development. It has been observed that a sizable
number of SAUs also failed to provide adequate support mechanism
such as availability of records, proper reporting and strict follow-up of
the Social Audits to ensure its efficacy. However, in certain cases even
the District Programme Coordinators and Programme Officers couldn’t
provide effective and adequate support to conduct the Social Audit.

14.3.3 Social Audit: Inadequate Support

Inadequate support to conduct the Social Audit poses the following
challenges, which affect the process of Social Audit:

i) Apathetic Attitude of implementing Agency: The requests for

270 postponement of the social audit, non-availability of documents on time,


not sending independent observers for the Gram Sabha meetings, and Social Audit

failure in taking action on the findings of Social Audit reflects apathy on

the part of Agency, which is a major challenge in conducting the Social
Audit.
ii) Non-Cooperation from Administrators: It has been observed that in
some states, the Rural Development officials are cooperative, but the
officials from the line departments (Forest, Horticulture and Sericulture)
who implement the schemes show non-cooperative attitude during the
Social Audit process, which demotivates the team members.
iii) Inadequate Staff for Social Audit: As all the states have not properly
established independent society, therefore hiring staff for the Social
Audit units is a challenge in some states.
iv) Inappropriate Selection of Resource Persons: The selection process
followed in many states due to vested interests or political pressure,
results in the recruitment of inappropriate persons. As a result, majority
of such persons either serve their masters or treat their job as a
government job; and are more anxious about stability, pay and perks.
However, some of them indulge in corruption and peddling political
influence, which seriously impacts the social audit process. In such
situation, the process of Social Audit becomes a routine form-filling
exercise with lack of people’s participation and involvement.
In view of above, it is necessary to observe and study the innovative
practices that may be replicated in other states, and identify the necessary
measures for effective Social Audit, which will be highlighted in the
subsequent section.

14.4 SOCIAL AUDIT: INNOVATIVE PRACTICES

AND WAY FORWARD
Best Practices: Study of Selected States

i) Andhra Pradesh
In case of the Social Audit, Andhra Pradesh has become a role model for
all the other states. The innovative practices include:
a) Conducting Monthly Review Meetings, at the district level, with
District Collector and District Vigilance Officers;
b) Conducting Monthly Review Meetings with the State Vigilance
Wing and District Vigilance Officers;
c) Conducting technical verification in the presence of workers and
mates;
d) Identification of Resource Persons (village and block levels) from
the workers’ families;
271

 
Towards Good e) Wall writings in all the Gram Panchayats during the Social Audit
Governance
through Right to process, which promotes transparency and accountability; and
Information:
Initiatives and f) Society for Social Audit, Accountability and Transparency, an
Impact
autonomous body insulated from the government interference, was
set up to uphold the concept of eternal vigilance by the people,
facilitated by the social activists and Government acting in
conjunction.
ii) Jharkhand
a) For grievance redressal, public hearings are heard by the Juries with
PRI and CSO members;
b) For the guidance of the Jury members, an advisory for action to be
taken on specific irregularities has been formulated;
c) As per requirement, hearings are held at all levels, that is, the
Panchayat, Block, District and State levels;
d) To examine the conduct of Social Audit, special and test audits are
promoted; and
e) For the Information, Education and Communication (IEC) activities,
cultural workshops are conducted; and songs in eight different
languages have been prepared to disseminate information and
knowledge.
iii) Chhattisgarh
a) In addition to the MGNREGS, the Social Audit Team collects
complaints regarding other issues also and hands it over to the
Sarpanch and Sachiv.
b) To ensure the active involvement of community in the Social Audit
process, wall writing of muster rolls, bills and measurement books is
carried out in the State.
iv) Karnataka
a) After every three rounds of the Social Audit, staff are shuffled that
contributes in effective Social Audit.
v) Punjab
a) To work judiciously, the Resource Persons do not accept hospitality
at any level, which mitigates corruption.
The study suggests to immediately taking the following measures for
effective Social Audit:
i) Preparation of Annual Calendar: Necessary steps must be taken to
ensure the regular and timely preparation of the Annual Calendar; and
272 monitoring of its proper implementation.


ii) Timely submission of records to the Social Audit Team: All the Social Audit

states have to notify rules for ensuring timely submission of records to

the Social Audit team; and nature of punitive action to be taken for
non-submission of the records. In addition, regarding verification of all
job card holders and worksites, necessary action and efforts from the
Government and Stakeholders are required in ensuring that the SAU
resource persons comply with the same.
iii) Record Management: Effective measures such as adequate staff and
training of officials in record keeping and management, at all levels,
will facilitate credibility of the Social Audit.
iv) Enhancing level of Awareness and Knowledge of Stakeholders: For
ensuring active participation and contribution of the Stakeholders in the
Social Audit process, it is utmost necessary to provide them adequate
information and knowledge to enhance their level of awareness and
capacity of decision- making.
v) Conducting Social Audit Meetings and Reporting Mechanism: As it
has been observed that the Social Audit meetings are not conducted
properly as per the provisions of Rules and hence, political leaders,
administrators and citizens should be encouraged to make joint efforts
in this endeavour to ensure successful implementation of the schemes
and programmes through effective Social Audit so that the target group
must be benefitted to grow.
vi) Training of Social Audit Team: Capacity building of the Team
members through training will ensure the effective contribution of
members in conducting the Social Audit; and in verification of project
sites and conducting door to door visit in compliance with the
provisions of Rules.
vii) Conducting Periodic Test Audits: A State Level Technical Team
should be placed and monitored, in all states, for conducting periodic
test audits on the basis of a sample of GPs, which is already audited by
the SAUs.
viii) Use of Information, Education and Communication: For creating
awareness and enhancing knowledge among stakeholders about the
Social Audit process and ensuring proper implementation of the
Government schemes/programmes so that benefits must reach the
target groups, sincere efforts and necessary action must be taken as
early as possible through constant IEC activities.

In the end, study emphasises on the Social Audit as a powerful tool to

promote accountability, which requires dedicated political leaders,
administrators and resource persons with a strong commitment to work, a
273

 
Towards Good pro-poor attitude and ability to work for long hours in remote areas and
Governance
through Right to difficult conditions; and active people’s participation.
Information:
Initiatives and Check Your Progress 2
Impact
Note: i) Use the space given below for your answers.
ii) Check your answers with those given at the end of the Unit.
1) Discuss the process and significant steps that are followed in Social
Audit.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
2) What are the basic issues and challenges in conducting Social Audit?
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
3) Explain the innovative practices that may be replicated in other states and
measures for conducting effective Social Audit.
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………
……………………………………………………………………………

14.5 CONCLUSION
The Social Audit is considered as a powerful tool to ensure and promote
transparency, accountability and people’s participation in the Government
schemes/programmes. It examines physical, financial and implementation
related issues. It is a continuous, bottom up, process to understand the
efficiency of services from the perspective of users. In this process,
quantitative and qualitative inputs are publicly verified. On the basis of
findings, the SAC prepares a report and suggests suitable measures for
274 developing further strategies for effective implementation of the


scheme/programme. In this Unit, we have discussed the meaning, Social Audit

objectives, role and significance of the Social Audit in India. In addition,

the study has highlighted its presence and role in selected schemes,
process and significant steps, and major issues and challenges in conducting
the Social Audit. In this context, to assess the impact of Social Audit, we have
examined the practice of Social Audit in various states. In the end, the study
emphasised on the innovative practices that may be replicated in other states also
and suggested necessary measures for effective Social Audit of the Government
schemes/programmes. It is worth mentioning that the focus of stakeholders,
political leaders and officials should always be on promoting higher degree
of transparency; accountability; effective community participation; and better
relationship and mutual trust between the community and local self-
government for achieving the desired objectives through the Social Audit.

14.6 GLOSSARY
Financial Audit: It is an independent and objective evaluation of an
organisation’s financial reports and financial reporting processes, that is,
done by experts or authorised Government Agencies. The Financial Audit is
based on financial statements. In this Audit, verification is limited to entries
in the books of accounts, bills and vouchers. The primary purpose for
financial audit is to give reasonable assurance that financial statements are
accurate and complete.

Information, Education and Communication: It (IEC) refers to a strategy,

which aims to create awareness and disseminate information regarding the
benefits available under various schemes/programmes of the Ministry, and
guide the citizens on how to access them. The objective is to augment and
harness full potential of IEC leading to empowerment of rural poor, and
participatory model for development in India. This strategy has catered to the
different needs of the citizens through the various tools used for
communication.

Social accountability: It refers to involving citizens and communities in the

process of governance so that decisions and actions of the citizens and
organisations with power are made public and can be questioned whenever
required. The accountability depends on the willingness of the user
community and implementing agency to engage with each other in
undertaking a social audit for effective implementation of the scheme/
programme and social welfare. Their joint efforts not only contribute in
governance but also lead to better service delivery and community
empowerment.

275

 
Towards Good
Governance
14.7 REFERENCES
through Right to
Information: Arora, R.K. & Goyal, R. (2013). Indian Public Administration: Institutions
Initiatives and
Impact and Issues. New Delhi, India: New Age International Publishers.
Finance Commission of India, XV Finance Commission. Report for the year
2020-21. (November 2019). Retrieved from https://fincomindia.nic.in/
ShowPDFContent.aspx
Government of India, Second Administrative Reforms Commission (Sixth
Report). Local Governance: An inspiring journey into the future. Retrieved
from https://darpg.gov.in/sites/default/files/local_governance6.pdf
Government of India. (2007). Second Administrative Reforms Commission
(4th Report), Ethics in Governance. Retrieved from https://www.
darpg.gov.in/sites/default/files/ethics4.pdf
Government of India. (2009). Second Administrative Reforms Commission
(15th Report), State and District Administration. Retrieved from
https://www.darpg.gov.in/sites/default/files/sdadmin15.pdf
Government of India. (2009). Second Administrative Reforms Commission
(12th Report) Citizen Centric Administration. Retrieved from
https://www.darpg.gov.in/sites/default/files/ccadmin12.pdf
Government of India. (2015), NITI Aayog. Manual Social Audit: Facilitating
Accountability in Social Sector Programmes. Retrieved from
file:///D:/BPAE%20141/material%20for%20units/10_Social%20Audit%20Tr
aining%20Manual.pdf
Government of India. (2016). Report on Mahatma Gandhi National Rural
Employment Guarantee Act of Scheme Rules 2011(Social Audit Rules),
Report of the Comptroller and Auditor General of India, Union Government
(Civil) Report No. 8 of 2016. Retrieved from https://nrega.nic.in/netnrega/
writereaddata/Circulars/2006MoRD_Letter_and_CAG_Report.pdf
Government of India. (2019). Economic Survey Volume I & II, 2018-19. New
Delhi, India: Oxford University Press.
M. Karuna & Dheeraja Dr. C. (April, 2018). Social Audit Units in India,
Current Status– January 2018. Retrieved from file:///D:/BPAE%
20141/material%20for%20units/csa030718.pdf
Mathew, G. (Ed.). (2013). Status of Panchayati Raj in the States and Union
Territories of India. New Delhi, India: Concept Publishing Company.
Mathur, K. (2013). Panchayati Raj. New Delhi, India: Oxford University
Press.
Mathur, K. (2019). Recasting Public Administration in India: Reform,
Rhetoric and Neoliberalism. New Delhi, India: Oxford University Press.
276


Nandini, D. (2005). Relationship between Political Leaders and Social Audit

Administrators. New Delhi, India: Uppal Publishing House.

Pal, M. (2020). Rural Local Governance and Development. New Delhi,
India: Sage Publications India Pvt. Ltd.
The Constitution of India. Retrieved from https://www.india.gov.in/my-
government/constitution-india/constitution-india-full-text

14.8 ANSWERS TO CHECK YOUR PROGRESS

EXERCISES
Check Your Progress 1

1) Your answer should include the following points:

x Refer Section 14.3
2) Your answer should include the following points:
a) Promote transparency and accountability in implementation of the
government scheme/programme;
b)Strengthen the democracy and institutions at the grassroots level;
c) Encourage people’s participation in proper implementation of the
scheme/ programme;
d)Engage, inform, educate and empower local people specially
beneficiaries of the scheme/ programme about their rights;
e) Provide a platform for local people specially beneficiaries of scheme/
programme to express their basic needs and grievances;
f) Capacity building of persons participating in the Social Audit; and
g)Strengthen the scheme/programme by improving planning, that is,
based on feedback received through the Social Audit.
3) Your answer should include the following points:
x Refer Section 14.2.1 and 14.2.2

Check Your Progress 2

1) Your answer should include the following points:

x Refer Section 14.2.3
2) Your answer should include the following points:
x Refer Section 14.3
3) Your answer should include the following points:
x Refer Section 14.4
277

 

Towards Good
Governance
UNIT 15 RTI : BRIDGING THE GAP
through Right to
Information:
BETWEEN RIGHTS AND THEIR
Initiatives and
Impact
ENFORCEABILITY*

Structure

15.0 Objectives
15.1 Introduction
15.2 Importance of Right to Information
15.3 Stakeholders in Right to Information
15.4 Implementation of the Right to Information Act
15.5 Bridging the Gap between the Right to Information and its
Enforceability
15.6 Conclusion
15.7 Glossary
15.8 References
15.9 Answers to Check Your Progress Exercises

15.0 OBJECTIVES
After studying this Unit, you should be able to:

x Discuss the status and importance of right to information;

x Identify the conflicting interests of stakeholders of right to information;
x Analyse the enforcement of the right to information;
x Examine the gaps and obstacles in realising the right to information; and
x Suggest necessary measures for effective enforceability of the RTI Act.

15.1 INTRODUCTION
In a democratic country, rights are very significant for the growth and
development of an individual and society. In India, Part III of the
Constitution guarantees fundamental rights. One of the very important rights
is that of freedom of speech and expression, which includes right to know.
The right to information flows from the right to know, which has been
recognised as a facet of human rights. “Where a society has chosen to accept


Ύ
Contributed by Prof. (Dr) Preeti Misra, Head, Department of Human Rights, School of
Legal Studies, Babasaheb Bhimrao Ambedkar University, Lucknow, Uttar Pradesh
278


democracy as its creedal faith, it is elementary that the citizens ought to know RTI : Bridging the
Gap Between Rights
what their Government is doing” (AIR 1982 SC 149). Movement for the and Their
Enforceability
Right to Information (RTI) Act got impetus with several judgments of the
Supreme Court, struggle of civil society organisationsat the grassroots level
and in pursuance of international obligation to effectively guarantee the Right
to Information. The Government of India notified the Right to Information
(RTI) Act, 2005 on 21st June, 2005 under the obligation of International
Covenant on Civil and Political Rights (ICCPR). The RTI Act became
operative from12thOctober, 2005.

The RTI Act, 2005 sets out the practical regime of right to information for
each and every citizen to access information from the public authorities. It is
a complete Code, as not only it confers right to information but also lays
down procedure for accessing information. It provides for the duties of public
authorities and delivery of information within a given time frame. It also
makes provision for the effective grievance-redressal forums by
incorporating offices of the Central Information Commission (CIC), State
Information Commissions (SICs) and provisions for appeals and penalties, if
information is not provided within stipulated time. The RTI Act aims for
informed citizenry and transparency of information, which are vital for
containing corruption and for holding government and its instrumentalities
accountable to the governed. It is a major step in empowering citizens,
promoting transparency and preserving paramountcy of democratic ideal.

Such a legislation, which guarantees openness and accountability, is bound to

have impact on the working of all the government agencies. The disclosure of
information by public authorities is bound to be in conflict with the interests
of those against whom information is sought. Those not in favour of the RTI
feel that it would adversely affect normal functioning of the Government’s
operations, optimum use of restricted financial resources and protection of
confidential sensitive information.

It is not the law which matters, but its effective implementation can make a
difference in the lives of people. For the effective implementation of the Act,
people need to be aware of their rights and responsibilities. The RTI Act is
like double edged sword, which needs to be used with care and caution, if
conflicting interests of information seekers and information givers are to be
harmonised for the preservation of constitutional ideals of democracy and
good governance.

In the present Unit, an attempt has been made to examine the use and
implementation of the Right To Information Act. It traces the problems faced
by the people in realising their right to information and suggests measures for
its effective enforceability.

279

 
Towards Good
Governance
15.2 IMPORTANCE OF RIGHT TO
through Right to INFORMATION
Information:
Initiatives and
Impact The importance of right to information lies in the object of the RTI Act,
2005. The basic object of the Right To Information Act is to empower the
citizens, to promote transparency and accountability in the working of
Government, to contain corruption, and to enhance people’s participation in
democratic process thereby, making our democracy work for the people in a
real sense. It goes without saying that an informed citizen is better equipped
to keep necessary vigil on the instruments of governance and make the
government more accountable to the governed. The Act is a big step towards
making the citizens informed about the activities of the Government.

The RTI Act is a powerful instrument for making people aware of the
Government transactions, records, public policies and programmes. It makes
it incumbent upon the government to be open and transparent in its working,
so that good governance may be ensured. In present times, the Government
need to be responsible, people-oriented and dedicated for the empowerment
of deprived sections of the society. If people have satisfaction and faith in
governance, it motivates them to participate in governance and play a
significant role in nation building. With active participation of people, growth
is possible in all spheres be it social, economic, intellectual, moral or
administrative. The effective use of the RTI Act not only redresses the
grievances of the masses, but also fixes the responsibilities upon way ward
public authorities. It creates an atmosphere of accountability and
transparency and promotes a culture of duty.

We all know that right to information is a basic requirement of good

governance in any legal system. The Right to Information Act was enacted in
2005 to ensure transparency and accountability. The Right to information is
sine qua non of good governance in democratic set up. Emphasising upon
importance of RTI, Thomas Emerson, observed, “the society uses freedom of
information and expression to protect certain values, which can be grouped
into four broad categories. The first of these is assuring individual self-
fulfillment. The second set of values focuses on means of attaining the truth.
The third addresses a method of securing the participation of members of the
society in social and political decision-making and the fourth category of
value seeks to maintain the balance between stability and change in the
society” (Emerson, 1963).

In the case of State of U.P. v. Raj Narain (AIR 1975 SC 865),on the issue
whether right to freedom of speech and expression guaranteed under Article
19(1)(a) includes right to know, Justice Mathew remarked,“…in a community
under a system of representative government, there can be only few facts
280 which require to be kept secret with that solidity which defies even the


inquiry of courts of justice. In a government of responsibility like ours, where RTI : Bridging the
Gap Between Rights
all the agents of the public must be responsible for their conduct, there can and Their
Enforceability
but few secrets. The people of this country have a right to know every public
act, everything, that is done in a public way, by their public functionaries.
They are entitled to know the particulars of every public transaction in all its
bearing. The right to know, which is derived from the concept of freedom of
speech, though not absolute, is a factor which should make one wary, when
secrecy is claimed for transactions which can, at any rate, have no
repercussion on public security…”.

Stressing the importance of RTI, in the preface of First Report of Second

Administrative Reforms Commission, Veerappa Moily, the Chairman wrote,

“The Right to Information Act is a path-breaking legislation which signals

the march from darkness of secrecy to dawn of transparency. It lights up the
mindset of public authorities, which is clouded by suspicion and secrecy.
Openness in the exercise of public power – Executive, Legislative or
Judiciary – is a culture, which needs to be nurtured, with privacy and
confidentiality being an exception. The right to information will also be a
powerful means for fighting corruption. The effective implementation of the
Right to Information Act will create an environment of vigilance which will
help promote functioning of a more participatory democracy” (Second
Administrative Reforms Commission, 2006).

The RTI Act, 2005 “attempts to harmonise conflicting interests between the
citizens’ right of transparency of information in administrative functioning
and efficient governments’ confidentiality in sensitive matters” (Singh,
2006). The preamble to Act of 2005 itself states, “it sets out to provide a
practical regime of right to information in order to promote transparency and
accountability.” The Act enables the citizens to get information held by the
public authorities. It is an effective means to reduce corruption and bring
good governance. Every government department is bound to provide
information. “It is indisputable that in a democratic polity, to ensure and
facilitate the continued participation of people in effective functioning of the
democratic process, people must be kept informed of the vital decisions taken
by the government and the basis thereof. Therefore, right to seek and receive
public information becomes a pillar of democratic set-up” (Satish, 2006).

15.3 STAKEHOLDERS IN RIGHT TO

INFORMATION
In a country, every individual and institution are stakeholders in the regime
of right to information. The RTI Act was enacted with the objective to
establish a practical regime for citizens to access information held by the
Public Authorities. The applicability of the Act is very wide, protecting all 281

 
Towards Good the areas of governance. This Law not only applies to Union, State and Local
Governance
through Right to Governments but to all authorities and instrumentalities of the government
Information: receiving substantial financial grants.
Initiatives and
Impact
Working of the Act has revealed that it has enhanced interaction between the
people and the government and its agencies. It has introduced a new
awareness about the rights of citizens and highlighted openness and
transparency as essential features of governance. It imparted a sense of
accountability in official conduct and helped to make public servants
responsible for their actions and decisions. Following are the public
authorities and persons with an interest or concern in the Right to
Information:

i) Government
Basic institutional structure/processes have been set up by the Central
Government as per the requirement of the RTI Act. The Department of
Personnel and Training has been made the Nodal Department for the RTI
implementation at the Central level. Various State Governments have
already enacted laws for access to information in some form or the other.
Some State Governments have taken innovative initiatives in line with
the spirit of the Act. The key initiatives are creation of the RTI Cells in
almost all governmental organisations as per mandate of the RTI Act,
2005 for receiving the applications of RTI and providing information to
the information seekers. Jankari Call Centre of the Government of Bihar
is noteworthy, in this context. It is doing a laudable job since its
inception.
ii) Public Authority
A “public authority” is any authority or body or institution of self-
government established or constituted by or under the Constitution; or by
any other law made by the Parliament or a State Legislature; or by
notification issued or order made by the Central Government or a State
Government. The bodies owned, controlled or substantially financed by
the Central Government or a State Government are also public
authorities. The Non-Governmental organisations substantially financed
by the Central Government or a State Government also fall within the
definition of public authority.
Public authorities have designated some of its officers as Public
Information Officers (PIOs). They are responsible to give information to
a person who seeks information under the RTI Act. These are the officers
at sub-divisional level to whom a person can give her/his RTI application
or appeal. These officers send the application or appeal to the Public
Information Officer of the public authority or the concerned appellate
282 authority. An Assistant Public Information Officer is not responsible to


supply the information. The Assistant Public Information Officers, RTI : Bridging the
Gap Between Rights
appointed by the Department of Posts in various post offices, are and Their
Enforceability
working as Assistant Public Information Officers for all the public
authorities under the Government of India (Government of India, 28th
November 2013, https://rti.gov.in/rticorner/guide_2013-issue.pdf).
iii) Information Commissions
The Central Information Commission and the State Information
Commissions in the states have an important role in upholding the ideals
of the RTI Act. “Every Information Commission is to function as an
adjudicator as well as a regulator. The objective of the empowerment of
common man through the RTI can be facilitated if the process of
adjudication is made more simple and convenient for information
seekers. The rule of law has to be established by the Information
Commissioners. The Information Commissions have to be strong and
independent to reach out to the common people. Both Central and State
Information Commissions are the regulator of the process of
implementation of the RTI Act” (Satish, 2006).
iv) First Appellate Authority
The first Appellate Authority has a very important role under the RTI
Act, 2005. The independent and judicious examination of appeals by the
First Appellate Authorities would lead to higher satisfaction to the
appellants. This would, in turn, result in less number of second appeals to
the Information Commission. The information sought by an applicant
should either be supplied to her/him by the Public Information Officer or
application should be rejected within the time prescribed under the Act.
If additional fee needs to be charged from an applicant, timely
communication in this regard should be sent to her/him.
v) Political Executive
Political leaders own a higher level of responsibility. Citizens expect
greater transparency from their representatives in their official work. As
the decision-making processes are open to public scrutiny, therefore the
elected leaders show greater cooperation. In a democracy, the RTI Act is
both a challenge and an opportunity for the political leaders. They take
responsibility for their decisions, and use the public forum for their
interests.
vi) Bureaucracy
The bureaucracy is supposed to be genuine “public servant” delivering
justice. “The bureaucrat is not only a custodian of information, but a
trustee too. Where government is committed to transparency, the civil
servants become accountable for everything what they do. It is obligatory
for them to be more responsive to the needs of the public. The Act 283

 
Towards Good directs that the management of official records should be systematic and
Governance
through Right to computerised, in order that information can be scientifically organised
Information: for convenient retrieval and delivery to every information seeker. It’s a
Initiatives and
Impact challenge for the bureaucracy to modernise the administrative machinery
and make the official systems people-friendly” (Satish, 2006).
vii) Corporate Sector
The Act gives the right to information only to the citizens of India. It
does not make provision for giving information to Corporations,
Associations, Companies, etc., which are legal entities/persons, but not
citizens. However, if an application is made by an employee or office-
bearer of any Corporation, Association, Company, NGO, etc. indicating
her/his name and such employee/office bearer is a citizen of India;
information may be supplied to him/her. In such cases, it would be
presumed that a citizen has sought information at the address of the
Corporation, etc.
The Civil Society Organisations (CSOs) have enhanced the reach and
awareness of RTI among the masses. It is mostly with the support of the
social activists and CSOs that even a person of a grassroots level is able
to use the RTI Act for asserting and ensuring her/his basic rights.
However, given the geographical size and population, the reach of CSOs
and social activists is limited. The CSOs have also contributed towards
training of the PIOs and AAs and have made them aware of their roles
and responsibilities under the RTI Act.
In a globalised world where economy is increasing fast, nations like to
transact with that country, which is open and corruption free. In most of
the nations of the world, the RTI legislation is in operation. The RTI Act
is an important tool for eradicating corruption and ensuring good
governance. In India, too, corporate sector has a stake in the success of
the RTI Act. Good governance encourages foreign investments, which
can be used in the interest of public welfare. The enhanced credibility of
a transparent Government can be useful for the corporate sector, as an
engine of economic growth.
viii) Media
Media is designated as fourth pillar of the State, besides executive,
legislature and judiciary. It plays a key role in governance of the country.
It was the media because of which right to information got a place in
Article 19(1)(a) of the Constitution of India. The Press Council of India
played a crucial role in drafting the legislation of RTI. Media has played
an important role in generating awareness at a mass scale. While there
has been no major media campaign for promoting the usage of the RTI
Act, nonetheless the awareness on the Act has been generated through
284


news articles based on RTI investigation. Journalists at times have RTI : Bridging the
Gap Between Rights
played a dual role – as the users of the RTI Act and as watchdogs, and Their
Enforceability
monitoring and scrutinising the implementation of the Act.“Through
reports as well as media-sponsored RTI camps, people are learning how
to seek remedies. Many people have received passports, pensions, ration
cards and IT refunds using training received in RTI camps”. Further, “As
a responsible media, it can expose the working of the government’s
functionaries, especially if there is any misuse of authority. It can elicit
authentic information. It can warn against arbitrariness and excesses
committed by authorities. The media can influence executive decisions
fighting for the causes of public interests. The media can build up public
awareness regarding the RTI Act by having discussions and debates on
public forums, and also through editorials in newspapers. It can give
publicity to success stories of struggle for RTI to motivate
others”(Kumar, 2007).
The RTI Act has the potential to bring in a socio-economic revolution,
provided various stakeholders take up their responsibilities as per the
spirit of the Act.

15.4 IMPLEMENTATION OF THE RIGHT TO

INFORMATION ACT
After its independence on 15th August, 1947, India adopted democratic form
of government and policy of public welfare. A very important role of the
government is to take care of its people, protecting their rights and liberties.
In fact, the evolution of the State has been a result of people’s surrendering
their rights, privileges and powers in favour of the State. The Social Contract
theory of political philosophy implies an actual or hypothetical contract or
agreement, between the ruled and their rulers, defining the rights and duties
of each. Every state is entrusted with a duty of providing RTI machinery to
ensure a responsive administration guaranteeing justice, liberty and equal
opportunity in seeking information.The State must safeguard the interest of
its people by ensuring supply of essential public goods and services to its
citizens. In a Police State, the Government has to maintain law and order, but
in a Welfare State, the structure of governance and its systems need
openness, transparency, responsiveness and citizens’ satisfaction. In the
philosophy of good governance, greater participation of citizens is required to
ensure quality in the working of the government and in strengthening policy-
making decisions.

With the pious aim of bringing transparency and accountability in public

administration and for improving implementation of key Government
policies, the RTI Act, 2005 was brought into existence. The Central
Governmenthas set up the basic institutional structure/processes as per the 285

 
Towards Good RTI Act’s requirements. The Department of Personnel and Training has been
Governance
through Right to made the Nodal Department for the RTI implementation at the Central level.
Information: Various State Governments have enacted laws for access to information in
Initiatives and
Impact some form or the other. Some State Governments have taken innovative
initiatives in line with the spirit of the Act.

i) Initiatives of the Government for Effective Implementation of the RTI

Act
The Right to Information Act, 2005 mandates timely response to
citizens’ requests for government information. The RTI portal of the
Government of India is “an initiative taken by the Department of
Personnel and Training, Ministry of Personnel, Public Grievances and
Pensions to provide a – RTI Portal Gateway to the citizens for quick
search of information on the details of first Appellate Authorities,
PIOs, etc. amongst others, besides access to RTI related information /
disclosures published on the web by various Public Authorities under the
Government of India as well as the State Governments”
(https://rti.gov.in/aboutrti.asp).
The Central Information Commission (CIC) was constituted with effect
from 12-10-2005 under the Right to Information Act, 2005. The
jurisdiction of the Commission extends over all Central Public
Authorities. The CIC, in order to fulfill its mandate of preparation and
forwarding of the Annual Report to Appropriate Government, invites
online quarterly returns from the Public Authorities (PAs) in a prescribed
pro forma in accordance with Section 25(3) of the Right to Information
(RTI) Act, 2005. Section 26 (2) of the RTI Act requires the State
Governments “to compile in its official language a guide containing such
information, in an easily comprehensible form and manner, as may
reasonably be required by a person who wishes to exercise any right
specified in this Act”. Further, it requires the Government to update the
guide at regular intervals. Accordingly, the Government of India,
Ministry of Personnel, Public Grievances and Pensions, Department of
Personnel and Training publishes a guide, which help all the stakeholders
of right to information – information seekers in getting information,
Public Information Officers in dealing with the RTI applications, First
Appellate authorities in taking cogent decisions on appeals and the
public authorities in implementing various provisions of the Act in the
right earnest.
Today, almost all the States of India are having their own websites with
RTI, SIC and PIO Links available as commitment to the good
governance. JAANKARI, an RTI cell was set up by the Bihar
government in January 2007 and has been running successfully
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generating applications under the RTI for people all over Bihar. It was RTI : Bridging the
Gap Between Rights
awarded as the Best e-Governance Initiative by the Government of India. and Their
Enforceability
The First Report of Second Administrative Reforms Commission (ARC)
2006 headed by Veerappa Moily, in its report stated, “the Right To
Information Act, 2005 signals a radical shift in our governance culture
and permanently impacts all agencies of state. The effective
implementation of this law depends on three fundamental shifts: from the
prevailing culture of secrecy to a new culture of openness; from
personalised despotism to authority coupled with accountability; and
from unilateral decision making to participative governance. Obviously,
one single law cannot change everything. But this fine legislation is an
important beginning. Its effective application depends largely on the
institutions created, adequate participation of people and the public
servants.” The Commission, therefore, focused on two broad categories
of issues for its effective implementation: first on Official Secrets and
confidentiality issues and other on the steps required for effective
implementation of the Act.
ii) Role of Civil Society Organisations in Effective Implementation of the
RTI Act
Passing of the RTI Act has not only infused transparency and
accountability in the working of public departments, but has also
increased the efficiency of decision-making process. This has led to
reduction in corruption in the country, which is evident from the studies
conducted on implementation of the Act. The Transparency International
(TI) reported in 2009 that perceived corruption in India (a score of 3.5
out of 10) has declined at the rate of about 15-20 per cent per year,
mainly due to the implementation of the RTI Act (Price waterhouse
Coopers, 2009).
The first study was conducted by PRIA (Society for Participatory
Research in Asia) in August 2006 in order to track the progress of the
RTI Act in 12 states of India (Himachal Pradesh, Haryana Rajasthan,
Jharkhand, Madhya Pradesh, Uttar Pradesh, Uttaranchal, Chhattisgarh,
Andhra Pradesh, Kerala, Gujarat and Bihar).The indicators of the study
were– namely, the constitution of State Information Commission and its
role, role of Nodal agencies, appointment of PIOs, experience of seeking
information from PIOs, mandatory disclosure under Section 4 of the RTI
Act and the role of government in educating people under Section 26 of
the Act. The study indicated, “People belonging to rural areas feel that
appeal process is very expensive. Public Information Officers have been
appointed in most public authorities in the states. The process of
accessing information by people has started slowly through the Right to
Information Act. However, there exists great confusion in definition of 287

 
Towards Good public authority. Most of the PIOs at state level and district level are not
Governance
through Right to cooperative and they sometimes threaten applicants to withdraw
Information: applications. The PIOs should be given adequate training so that they are
Initiatives and
Impact sensitive to people’s needs and the PIOs who are guilty of deliberate
denial of information should be penalized” (PRIA, 2006). PRIA also
collected data from 65 representatives of civil society organisations who
have been working on RTI Act for at least one year in 2007, and in 2008
made a Survey of 420 individuals using RTI Act.
The (RTI Assessment and Analysis Group) RAAG study of 2009
concluded, “while the awareness of the importance of transparency has
indeed increased manifold [in government], infrastructure needs to be
built around it to allow it to work better.” The RAAG report also notes,
“the key to increasing accountability of public authorities (vis-à-vis the
RTI) lies in bringing about attitudinal changes” within the government at
various levels. Similarly, the Pricewaterhouse Coopers (PwC) study of
2009 notes a lack of adequate planning among public authorities to
“proactively identify and address constraints in providing citizens with
information”(The World Bank, 2012) .

Check Your Progress 1

Note: i) Use the space given below for your answers.

ii) Check your answers with those given at the end of the Unit.
1) Highlight the importance of the RTI and comment on implementation of
the Act in detail.
…………………………………………………………………………….
…………………………………………………………………………….
…………………………………………………………………………….
…………………………………………………………………………….
…………………………………………………………………………….
2) Write a note on the stakeholders in the Right to Information.
…………………………………………………………………………….
…………………………………………………………………………….
…………………………………………………………………………….
…………………………………………………………………………….
…………………………………………………………………………….

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RTI : Bridging the
15.5 BRIDGING THE GAP BETWEEN THE Gap Between Rights
RIGHT TO INFORMATION AND ITS and Their
Enforceability
ENFORCEABILITY
When the RTI Act, 2005 was enacted, there was a lot of excitement amongst
people that they will now be able to question functioning of the government
and its instrumentalities. But the perception that this Act alone might be the
solution to fight corruption and apathy of Indian Bureaucracy was slowly
replaced by skepticism. This view got further impetus, when the incidents of
not receiving information, and incidents of harassment of information seekers
out numbered the success stories of the Act. The studies highlighted the
discrepancies and challenges in implementation of the RTI Act, that is, issues
of pendency of cases, laxity of public authorities in furnishing timely
information, lack of adequate number of Public Information Officers, low
level of awareness about the RTI Act among masses, etc.

Based on the case studies conducted by the Second Administrative Reforms

Commission, 2006, responses of various Ministries to a questionnaire, and
interactions with the stakeholders, following difficulties /impediments were
noted in the implementation of the RTI Act:

x Complicated system of accepting requests.

x Insistence on demand drafts.
x Difficulties in filing applications by post.
x Varying and often higher rates of application fee.
x Large number of PIOs.

The first Report of Second Administrative Reforms Commission (SARC),

2006 also gave various recommendations towards strengthening the Right to
Information Act and its effective implementation. Some of the
recommendations were accepted in principle. However, no material changes
have been done in the RTI Act, nor any amendment has been made in
Official Secret Act, 1923 as per Reports of the SARC (IIPA, 2009). If these
recommendations were accepted by the legislative bodies, it would have been
very vital in carrying out the aims and objectives of the Preamble of the Act.

The RTI Amendment Act, 2019 came into operation w.e.f. 1stAugust, 2019.
The original Act of 2005 had quantified the tenures, and defined the salaries
of the Chief Information Commissioners (CICs) and Information
Commissioners (ICs) in terms of the then existing benchmarks. As per 2019
amendment, now the tenure of CICs and ICs is no longer fixed; their terms of
appointment, salaries and tenures of CICs and ICs can be decided on a case-
to-case basis by the Central Government.
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Towards Good The major problems and gaps have been identified in the implementation of
Governance
through Right to the RTI Act, 2005, which are required to be filled for effective enforce ability
Information: of the Act in the following ares:
Initiatives and
Impact
i) Adequate and Efficient Machinery for the Management of Records and
Monitoring of RTI Cells
As per Section 4 (2) of the Act, computerisation and scientific record
keeping are required to provide “as much information suo moto to the
public at regular intervals”, but most of the public authorities are yet to
do so. As such, even where an authority wishes to provide information, it
cannot do so due to non-availability of the materials in electronic form.
Both the States and Central Governments authorities suffer from the
problem of poor record keeping. The records are not computerised and
connected through a network all over the country on different systems so
that access to such records is facilitated. There is no effective mechanism
for the evaluation of information machinery to examine maintenance of
records as per Section 4 of the Act. This Section needs to be taken
seriously, which makes it incumbent on public authorities to “maintain
all records duly catalogued and indexed”. For this a culture of self-
disclosure must be promoted.
In order to encourage and ensure effective implementation of the Act, an
RTI Cell within the General Administration Department (GAD) has been
constituted. The Cell is working with meager staff and without adequate
resources. These Cells are not effective in dealing with challenging
issues of the RTI. There is no system to monitor them. All the appellate
authorities and PIOs need training to run these Cells successfully. People
need to be made aware of these Cells at the grassroots level. The Civil
society organisations need to arrange campaigns for starting
communication with villagers. A close watch should be kept at the
changing events and emerging problems so that the policy change may
be done accordingly. It will also help in trapping false applicants who
have vested interests in seeking information.
ii) Proper Appointment and Training of Public Information Officers
In 2005, the NCPRI itself pointed out, “Many ministries and departments
of the Government of India seem to have appointed multiple Public
Information Officers (PIOs). This results in citizens having to run from
office to office seeking out the correct PIO, sometimes in vain.”
There also appears to be a lot of confusion about the appointment of
Assistant Public Information Officers (APIOs), both at the central and
state levels. Under the Act, “every public authority shall designate an
officer at each sub-divisional level or other sub-district level as a Central
Assistant Public Information Officer or a State Assistant Public
290


Information Officer, as the case may be, to receive the applications for RTI : Bridging the
Gap Between Rights
information or appeals under this Act (Section 5(2))”. However, in many and Their
Enforceability
states and in some central departments, APIOs are being appointed in the
same offices where the PIOs are already located. There are central public
authorities all over the country. Sometimes, people living in the states
also seek information from the Central Government and its agencies. For
them it becomes difficult to locate all the Central Information
Commissioners in Delhi.
Though Section 5 of the RTI Act gives an obligation to the public
authority to designate Public Information Officers (PIOs), the Act has
not prescribed any criteria or qualification for the PIOs to designate. As a
result, there are so many public offices all over the country where the
employees of clerical cadre have been designated as PIOs, who are not
able to justify their job due to lack of proper training. These designated
PIOs do not accept applications as part of their duty nor do they take
pains to supply information within the stipulated time. Rather, they
discourage information seekers coming from socially, economically or
politically disadvantaged sections of the society. Besides, no additional
resources including manpower are being provided to the Central and the
State agencies to implement the Act.
For enhancing the efficiency of PIOs, a systematic training should be
provided to all either working in government sector or in NGOs.
Attempts should be made to impart adequate training sessions to the
appointed officers to appraise them about the provisions of the Act and
about latest judicial rulings. In 2013, detailed guidelines have been
issued for all the stakeholders of RTI by the Department of Personnel
and Training for making the RTI Act effective.
iii) Strengthening the State Information Commission and Providing
Independence to Appellate Authority
At the state level, there should be an efficient mechanism of decision-
making and promotion of RTI culture. Most of the SIC office, function
with minimal staff and a single State Information Commissioner. In
many states, either Commissions are lying vacant or vacancies are not
filled up to their maximum strength. It adversely affects the expeditious
disposal of applications. The SICs should not solely depend on state for
funds for their working, though a small fund may be allocated to them.
For ensuring accountability and transparency, the SICs should submit
their annual report in time, which is a mandatory requirement under the
Act. For increasing the efficiency, all government officers including
PIOs and APIOs must be given adequate training.

291

 
Towards Good “Information Commissioners”, who are responsible for the
Governance
through Right to implementation of the Act, are themselves obstructing the effective
Information: functioning of the Act, as most of the Chief Information Commissioners
Initiatives and
Impact come from the IAS category. At the Central and State government levels,
retired bureaucrats are appointed at the Information Commission, which
are required to serve as Appellate Authority, independent of the
government. But unfortunately, bureaucrats have taken complete control
of it.The Second ARC of 2006 recommended amendments in the Central
Civil Services Rules and in the Manual of Office Procedure, etc. but no
improvement is seen in the working of the Commissions.
iv) No Requirement of Formalities for Filing RTI Application
There is no prescribed format of application for seeking information. The
application can be made on plain paper. The applicant should mention
the address at which the information is required to be sent. The
information seeker is not required to give reasons for seeking
information. It has also been reported that various ministries and
departments of the government are insisting that they will only accept the
specific forms that they have designed for seeking information. The law,
however, does not authorise the public authorities to prescribe any such
forms. If any format is made mandatory, it will adversely affect the
interests of common people.
v) Requirement of Cost-Effective Procedure for Eliciting Information.
On the first reading of the statute it seems that the process of obtaining
informationis very easy. But in actual practice, it is a very tedious job to
get information. Due to non-cooperative attitude of the authorities, it
becomes difficult to get proper information, unless there are agencies at
the local level to offer guidance. Sometimes information is provided in
incomprehensible language, to interpret which technical expertise is
required. Development of different set of rules for the Centre and States,
create confusion for the public. At district or block level, many PIOs fix
timings or days for receiving applications. For information seekers, it is
not always possible to reach on designated time and place. Sometimes, it
results into waste of time and money if one has to return disappointed.
Complaints have also been filed against the PIOs for not giving receipts
of applications. Because of all these practical difficulties, right to
information becomes a costly affair in terms of time and money. It casts
negative effect and dissuades genuine people from seeking information.
Section 6 of the RTI Act does not specify or limit the quantum of
information to be gained by an individual or a group of people i.e.
Association/Organisation. Further, the RTI Act does not have any
provision for imposition of fine or penalty on the applicant for any
292 misuse of the Act. There is no provision to deal with discouraging


annoying and vexatious demands, which deprive genuine information RTI : Bridging the
Gap Between Rights
seekers. All these have led to an additional issue of large number of the and Their
Enforceability
RTI cases pending at various levels.
Technological options can be used to increase the efficiency of
Information Commissions. Information can be provided by email or
through any other digital means. It will not only reduce the cost but also
expedite the things, and pendency of cases will be less.
vi) Proper Interpretation of Exemption Clauses
Access to information under the RTI Act is limited with exemptions.
There are restrictions on accessing information pertaining to security,
foreign policy, defence, law enforcement and public safety which are
quite standard but the RTI Act also excludes cabinet papers, including
records of the Council of Ministers and other officials and thereby
effectively shields the whole process of decision-making from
compulsory disclosure. Section 8(d) and 8(j) are generally worded and
are greatly misused due to their wide parameters.
Section 8(d) of the RTI Act, 2005 deals with “non-disclosure of
information on the grounds of commercial confidence, trade secrets and
intellectual property” and Section 8(j) of the Act “withholds personal and
private information of an individual” on the grounds of "Invasion of
Privacy”. All these exemptions involve wide parameters. Further Section
8(2) provides that the information may be released “if public interest in
disclosure outweighs the harm to the protected interests”. The term
“public interest” is of wide connotation subject to court’s interpretation
and gives an overriding effect to the Act. Such provisions should be
scrutinised for minimising the purview of the exemptions.
vii) Stipulation of Time Frame for the Disposal of Second Appeal
No time frame has been attached to the provision of second appeal.
Section 6(1) of the Act provides that any person who desires certain
information may make a request in writing to the Central Public
Information Officer or the State Public Information Officer of the
concerned public authority. If the Public Information Officer fails to
provide the information within a period of thirty days, then s/he is
deemed to have refused to provide the information. According to section
19(1) of the Act, if the person requesting the information either does not
receive the PIO’s decision within the stipulated time period of 30 days or
is aggrieved by the PIO’s decision, s/he can prefer an appeal (first
appeal) to an officer who is senior in rank to the PIO in the concerned
public authority. Section 19(6) stipulates that such a first appeal must be
disposed of within a period of 30 days of receipt of the appeal or within
an extended period not more than 45 days of filing of the appeal. Section
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Towards Good 19(3) provides that a second appeal may be preferred against the decision
Governance
through Right to rendered under section 19(6) before the Central Information Commission
Information: or the State Information Commission. Unlike the first appeal, there is no
Initiatives and
Impact stipulated time frame for decision by the CIC or the SIC of a second
appeal under Section 19(3) of the Act. A disappointed appellant does not
have option of moving the court against the PIOs. S/he may only
approach the Information Commission, which may take its own time to
dispose of the appeal. Consequently, people have no option but to wait
for the decision of the CIC or the SIC before they can take judicial action
in the matter (Khosla & Khosla, 2009).
The only recourse in such a situation is to send reminders to the CIC and
the SIC and hope for an early resolution of the appeal. This approach is
inadequate and the RTI Act needs to be amended to address this lacuna
in the law. In 2016, the Government of India introduced the RTI
Amendment Bill, 2016 in the Lok Sabha specifying time for the disposal
of Second Appeal, but the proposed amendment failed.
viii) RTI Awareness to be Created Amongst Common Man
Most of the people are not well acquainted with the provisions of the RTI
Act. They do not know how to file an RTI application, nor do they know
the authorities to whom application is to be addressed. Poor education
standard is one of the basic impediments in accessing information. It is
well established fact that awareness about RTI is more in educated
people than amongst uneducated people. “A study of Public Affairs
Centre conducted in Karnataka revealed that only 2% of people in rural
areas were aware of the right to information as high number of
applications were filed usually with urban departments/municipalities”
(Kumar, 2007). Besides,“peoples’ excessive reliance and dependence on
traditional justice seeking system of the nation, somewhere prohibits
effective functioning of the Act” (Kewlani, 2009).
Section 26 of the Act states that government should educate the masses
about the RTI Act, but this is not actually happening effectively. In such
a situation, civil society actors and grassroots activists should come
forward to spread the message of RTI at the local level. For this, the RTI
cells may co-ordinate with NGOs and can use the resources available
under various programmes for generating awareness through campaigns.
Mass media campaigns may be launched to make masses aware of this
right. Awareness can also be created at local levels through Panchayats.
Universities and Colleges should start a short course on the RTI under
Choice Based Credit System, so as to create awareness of the RTI
amongst non-law disciplines.The RTI education should be widespread so
that it may not remain on statute book only but may become a reality.
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Check Your Progress 2 RTI : Bridging the
Gap Between Rights
and Their
Note: i) Use the space given below for your answers. Enforceability

ii) Check your answers with those given at the end of the Unit.
1) Examine the problems and gaps, which have been responsible for lack of
effective implementation of the RTI Act, 2005.
…………………………………………………………………………….
…………………………………………………………………………….
…………………………………………………………………………….
…………………………………………………………………………….
…………………………………………………………………………….
2) Discuss the necessary measures for effective implementation of the RTI
Act.
…………………………………………………………………………….
…………………………………………………………………………….
…………………………………………………………………………….
…………………………………………………………………………….
…………………………………………………………………………….

15.6 CONCLUSION
The effective implementation of the Right to Information Act, 2005 will
contribute in promoting transparency and accountability in the functioning of
government institutions. Furthermore, it will be an effective tool for
providing information to the citizens. Thereby, the RTI will create congenial
environment for capacity building of the citizens so that they can actively
participate in the development process. In totality, the RTI Act ushersin good
governance. The law is very comprehensive and applicable to the government
at all levels i.e., Union, State and Local levels.

Since its enactment in 2005, the Right to Information Act has been lauded as
a significant measure for the achievement of a more accountable and
transparent government and bureaucracy. However infrastructural
weaknesses and the mindset problems threaten the future of the RTI. Weaker
sections of society are hesitant in filing RTI applications because sometimes
it involves submission of application fee in cash and the person has to be
physically present in front of the PIO. Hence, usage of the RTI is limited to
middle class and social activists only.

The solution lies in empowering the ordinary people of the country by which
the nation can progress to its greatness. By the enactment of the RTI Act, the 295

 
Towards Good government has taken a small step but a significant one towards that goal.The
Governance
through Right to government has to take keen interest for the proper implementation of the Act
Information: and strive towards creating awareness among the masses. Apart from this, the
Initiatives and
Impact government should soften the tough procedures so that it becomes easy for
the applicants to retrieve information. Most importantly, the government
should think towards scrapping off the fees at the time of filing applications,
which was also recommended by a parliamentary committee.

The need of the hour is to make the Act accessible at the grassroots level as it
has not reached the common man yet and is still utilised by the creamy layer
of the society. Also, the accountability of the bureaucrats should be duly
verified. The bureaucrats should make sure that the applications received
should be precise and clear and try to minimise the misuse of the Act. The
gap between government and citizens should be lessened through effective
implementation of the RTI Act. Once this is done, the RTI Act would be
viewed as being properly and fully utilised.

Researches play a vital role in developing institutions. The RTI jurisprudence

may be further developed if educational institutions and other developmental
authorities, both national and international, take up empirical research
projects in the context of the RTI Act, so as to make it effective.

15.7 GLOSSARY
Official Secret: It refers to any information, the disclosure of which is likely
to prejudicially affect the sovereignty and integrity of India, the security of
State, friendly relations with foreign countries, economic, commercial,
scientific and technological matters regarding national security and includes
any secret code, password, sketch plan, model, article, note or document
regarding a prohibited place.

Official Secrets Act, 1923: The Official Secrets Act was first enacted in
1923 and was retained after Independence. The law, applicable to
government servants and citizens, provides the framework for dealing with
espionage, sedition, and other potential threats to the integrity of the nation.
The law makes spying, sharing “secret” information, unauthorised use of
uniforms, withholding information, interference with the armed forces in
prohibited/restricted areas, among others, punishable offences. If guilty, a
person may get up to 14 years’ imprisonment, a fine, or both. The
information could be any reference to a place belonging to or occupied by the
government, documents, photographs, sketches, maps, plans, models, official
codes or passwords.

296


RTI : Bridging the
15.8 REFERENCES Gap Between Rights
and Their
Enforceability
AIR 1975 SC 865. Retrieved from https://indiankanoon.org/doc/438670/
AIR 1982 SC 149. Retrieved from https://indiankanoon.org/doc/1294854/
Dwivedi, R. (2010). Right to Information Act 2005. Bhopal, India: Suvidha
Law House Pvt. Ltd.
Emerson, T. (1963).Towards a General Theory of First Amendment.The Yale
Law Journal. 72, 877-956.
Government of India, Ministry of Personnel, Public Grievances & Pensions,
Department of Personnel & Training, (28th November, 2013). Guide on the
Right to Information Act, 2005 – updated Version. Retrieved from
https://rti.gov.in/rticorner/guide_2013-issue.pdf
Government of India, Second Administrative Reforms Commission. (June
2006). Right to Information, Master Key to Good Governance. Retrieved
from https://darpg.gov.in/sites/default/files/rti_masterkey1.pdf
IIPA. (2009). Administrative Reforms Commission's 1st Report Titled “Right
to Information Master Key to Good Governance”. Indian Journal of Public
Administration. 55(3), 772-792.
Kataria, R. (2010). Shorter Commentary on “Right to Information Act 2005”.
New Delhi, India: India Law House.
Kewlani, J. (2009). Right to Information: A Legal Procedure for Social
Facilitation (A Sociological Interpretation and Analysis).In P.K. Saini& R.K.
Gupta (Ed.). Right to Information Act, 2005. New Delhi, India: Deep & Deep
Publication Pvt. Ltd.
Khosla, A. &Khosla, P. (2009).Right to Information: Challenges, Issues and
Opportunities. In P.K. Saini& R.K. Gupta (Ed.).Right to Information Act,
2005. New Delhi, India: Deep & Deep Publication Pvt. Ltd.
Kumar, N. (2011). Right to Information Act 2005. New Delhi, India: Bharat
Law House Pvt. Ltd.
Kumar, V. (2010). Right to Information Act 2005. New Delhi, India: Orient
Publications Company.
Kumar, Y. (2007). Right to Information Act in Madhya Pradesh: Status
Report. Bhopal, India: Government of Madhya Pradesh.
PRIA. (2006). Tracking the Progress of Right to Information in 12 States.
Retrieved from https://cic.gov.in/sites/default/files/Tracking%20progress%
20of%20RTI%20-%20PRIA.pdf
PRIA. (2007). Tracking Right to Information in 8 States. Retrieved from
https://cic.gov.in/sites/default/files/PRIA-Tracking-RTI-in-States.pdf
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Towards Good PricewaterhouseCoopers.(2009). Final Report on Understanding the “Key
Governance
through Right to Issues and Constraints” in implementing the RTI Act. Retrieved from
Information: https://rti.gov.in/rticorner/studybypwc/Executive%20Summary.pdf
Initiatives and
Impact
Saini, P.K. & Gupta, R.K. (2009).Right to Information Act, 2005. New Delhi,
India: Deep & Deep Publication Pvt. Ltd.
Satish, S. (2009). Right to Information: Perspective Obstacles and Role of
Information Literacy. In P.K. Saini & R.K. Gupta (Ed.). Right to Information
Act, 2005. New Delhi, India: Deep & Deep Publication Pvt. Ltd.
Singh, D. (2006). “Implementation of RTI Act, 2005. Some National and
International experiences”. AIR 2006 Journal Section.99-103.
The World Bank.(2012). “Implementing Right to Information- A Case Study
of India”. Retrieved fromhttps://www.right2info.org/resources/publications/
publications/wb_implementing-ti_india_2012-1

15.9 ANSWERS TO CHECK YOUR PROGRESS

EXERCISES
Check Your Progress 1

1) Your answer should include the following points:

x Despite all its merits, the RTI Act has not reached to the masses due
to complex procedure and closed mindset of the PIOs. Bureaucracy
under the RTI Act is inaccessible and indifferent to common citizens,
and is more bothered about adherence to the procedures, rules and
regulations. Citizens have been treated as passive recipients only.
Refer to Section 15.2 and 15.4, for more details.
2) Your answer should include the following points:
x In a country every individual and institution are stakeholders in the
institution of the right to information. Stakeholders include public
authorities, bureaucracy, media, corporate sector, political executive
and statutory authorities, the Central Information Commission and the
State Information Commissions have keen interest in upholding the
ideals of the RTI Act. For details, refer Section 15.3

Check Your Progress 2

1) Your answer should include the following points:

x There are many factors like lack of infrastructure, lack of citizens’
participation in decision-making process, bureaucratic mentality, etc.,
which have adversely affected the effective use and implementation
of the Right to Information Act. Refer Section 15.5

298


2) Your answer should include the following points: RTI : Bridging the
Gap Between Rights
and Their
x Less bureaucratic approach, awareness programmes for the RTI Enforceability
seekers, strengthening procedure by making it less complicated,
enhancing capacity of the PIOs, promoting the RTI cells, use of
technology, introducing helpline numbers, efficient record
management and promoting culture of suo motu disclosure will go a
long way in making enforcement of the RTI Act effective.
x Refer Section 15.5

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Towards Good
Governance SUGGESTED READINGS
through Right to
Information:
Initiatives and Bhattacharya, M. (2008). New Horizons of Public Administration. New
Impact
Delhi, India: Jawahar Publications.

Government of India. (1966). Administrative Reforms Commission, Interim

Report: Problems of Redress of Citizens Grievances. Retrieved from
https://www.darpg.gov.in/sites/default/files/01_ARC_Interim_Report071620
19124141.pdf

Government of India. (1968). Administrative Reforms Commission,

Machinery for Planning. Retrieved from https://www.darpg.gov.in/ sites/
default/files/02_Machinery%20for%20Planning07032019173216.pdf

Government of India.(1969). Administrative Reforms Commission, State

Administration. Retrieved from https://www.darpg.gov.in/sites/default/files/
14_ On%20State%20Administration07052019120548.pdf

Government of India. (2007). Second Administrative Reforms Commission

(4th Report),Ethics in Governance. Retrieved from https://www.darpg.gov.
in/ sites/ default/files/ethics4.pdf

Government of India. (2007). Second Administrative Reforms Commission

(6th Report), Local Governance. Retrieved from https://www.darpg.gov.
in/sites/default/files/local_governance6.pdf

Government of India. (2009). Second Administrative Reforms Commission

(12th Report) Citizen Centric Administration. Retrieved from
https://www.darpg.gov.in/sites/default/files/ccadmin12.pdf

Government of India. (2009). Second Administrative Reforms Commission

(15th Report), State and District Administration. Retrieved from
https://www.darpg.gov.in/sites/default/files/sdadmin15.pdf

Government of India. (2010). Report of the Commission on Centre-State

Relations (Vol- I), Evolution of Centre-State Relations in India. Retrieved
from http://www.interstatecouncil.nic.in/wp-content/uploads/2015/06/
volume1.pdf

Government of India. (2010). Report of the Commission on Centre-State

Relations (Vol-IV), Local Self-Governments and Decentralized Governance.
Retrieved from http://www.interstatecouncil.nic.in/wp-content/uploads/
2015/06/volume4.pdf

Government of India. (2019). Economic Survey Volume I & II, 2018-19. New
Delhi, India:Oxford University Press.

Jha, G. (2018). Fragile Urban Governance. New Delhi, India: Manohar.

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Maheshwari S. R. (2001). Indian Administration (6th ed.). New Delhi: Orient RTI : Bridging the
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Blackswan Private Limited. and Their
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India: New Century Publications.

Mathew, G. (Ed.). (2013). Status of Panchayati Raj in the States and Union
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