Rti Evolution
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RTI ACT 2005
What is right to information? Asking for and to give information as a matter of right is “Right to Information”
RTI ACT – HISTORY •
Whether right to information is a fundamental right?
•
RTI - not included in part III of the constitution. (Art.12 -35)
•
The right to know of a citizen about govt. decisions and actions is derived from the concept of freedom of speech and expression.
RTI ACT – HISTORY Genesis: • Art. 19 - (1) All citizen shall have the right(a) to freedom of speech and expression • Art. 21- No person shall be deprived of his life or personal liberty except according to procedure established by law.
RTI ACT – HISTORY • Freedom of speech and expression includes right of the citizens to know every public act, every thing 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. (State of Uttar Pradesh Vs Raj Narain,1974)
RTI ACT – HISTORY
True democracy cannot exist unless the citizens have a right to participate in the affairs of the policy of the country. The right to participate in the affairs of the country is meaningless unless the citizens are well informed on all sides of the issues, in respect of which they are called upon to express their views.
RTI ACT – HISTORY • Another landmark judgment: S.P. Gupta case; 1982; • “The concept of an open govt. is the direct emanation from the right to know which seems to be implicit in the right of free speech and expression guaranteed under art. 19(1)(a)” • “The disclosure of information in regard to the functioning of the govt. must be rule and secrecy an exception”
RTI ACT – HISTORY • It was demanded for openness in Government system as people casts their votes to choose government and thereafter they become passive and do not take any interest in the Government. • This is an attitude and habit of mind. The important role of people to be a part of governance thereafter is only possible in an open government which is possible when citizen’s have the access to information.
RTI ACT – HISTORY • S.P. Gupta judgment was reiterated in “Bombay Environmental Group and others Vs Pune Cantonment Board - 1986” • Right to freedom of speech and expression includes the right to receive and impart information. (Ministry of Information and Broadcasting Vs Cricket Association of Bengal (1995)
RTI ACT – HISTORY • The right to participate in the affairs of the country is meaningless unless the citizens are well informed on issues in respect of which they are called upon to express their views. (Peoples Union for Civil Liberties Vs Union of India, 2000) • The right to get information in democracy is well recognized and it is natural right flowing from the concept of democracy. (Union of India Vs Association for Democratic reform 2002)
RTI ACT – HISTORY • In the case Union of India vs. Association for democratic Reforms, Supreme court held that a voter had a right to know about the antecedents of his candidate as a part of his right under Art.19(1)(a). Democracy cannot survive without free and fairly informed voters. This right is different than right to receive information through a media or press.
RTI ACT – HISTORY •
• •
Information is necessary to form and express opinions, dissent or support on any matter. It is therefore a part of Article 19(1)(a) Information is necessary for protection of the right to life and liberty. It is therefore a part of Article 21 Right to know has been treated as an unenumerated fundamental right by the apex court from time to time.
RTI ACT – HISTORY • In 1948,UN proclaimed a Universal Declaration of Human Rights. • Similarly European Convention for the Protection of Human Rights came in 1950. Article 10 of that says “not only the freedom of the press to inform the public but also the right of the public to be informed.”
RTI ACT – HISTORY • In keeping with the same spirit of the Universal Declaration of 1948, the Constitution of India embodies a solemn resolve to its citizens that is Article 19(1)(a) which guarantees to the citizen the right to “freedom of speech and expression” as one of the fundamental right listed in Part III of the constitution
RTI ACT – HISTORY •
The commonwealth Expert Group on right to know recommended in 1999:
(i)
freedom of information should be guaranteed as a legal and enforceable right permitting every individual to obtain records and information held by the executive;the legislative and the judicial arms of the state , as well as any govt.owned corporation and any other body carrying out public functions.
RTI ACT – HISTORY The legislation should contain a presumption in favour of maximum information. (iii) The right to access may be subject to only such exemptions which are narrowly drawn, permitting govt. to withhold information only when disclosure would harm essential interests such as national defence and security, law enforcement, individual confidentiality, provided that withholding the information is not against public interest. (ii)
RTI ACT – HISTORY (iv) Govt. should enact freedom of information
legislation containing appropriate administrative measures for its implementation. (v) Govt. should permit any individual to obtain information promptly and at low cost or no cost. (vi) Legislation should be subject to independent review capable of ensuring compliance.
RTI ACT – HISTORY (vii) Government should maintain and preserve records. (viii) Govt. should promote a culture of openness, publicly disseminating information related to the exercise of their functions and the information held by them.
RTI ACT 2005 Why after 55 years? That too with a penalty clause. Was it that we were not ready for it?
RTI ACT – HISTORY Hurdles: • Pre-constitutional law: The Official Secrets Act 1923 • Section 123 of the Indian evidence Act 1872 provides that the Head of the Department can refuse to part with an information • To swear that the information is a state secret.
RTI ACT – HISTORY Hurdles….. Rule 11 of CCS Conduct Rules 1964 No govt. servant shall, except in accordance with any general or special order of the govt. or in the performance in good faith of the duties assigned to him, communicate, directly or indirectly any official document or part thereof or information to any govt. servant or any other person to whom he is not authorized to communicate such document or information
RTI ACT – HISTORY Hurdles …… • Archives Policy Resolution of 22 December 1972 states that all documents are classified for 30 years and thereafter only nonconfidential material is available to a restricted range of people. • Even unclassified material cannot be communicated to any one outside the government without permission.
RTI ACT – HISTORY Hurdles… • • •
Inherent nature of bureaucracy Power of bureaucracy is in direct proportion to the ignorance of the legislature and citizens. Right to information is about transferring the sovereignty - vested with the people by the constitution - back from the bureaucracy to the people.
RTI ACT – NECESSITY • It is axiomatic that every action of the government must be actuated by public interest but even so we find cases where governmental action is taken not for public but for personal gain or other extraneous consideration. If secrecy is observed, it would tend to promote and encourage oppression, corruption, misuse or abuse of authority.
RTI ACT – NECESSITY • Government procedure and regulations should not be shrouded in a veil of secrecy. we should have an oath of transparency in place of oath of secrecy. Right to information can usher in many benefits, such as speedy disposal of cases, minimizing manipulative and dilatory tactics of the bureaucracy, and last but most importantly, putting a considerable check on graft and corruption.
RTI ACT – NECESSITY • One sided information, disinformation, and misinformation all equally create an uninformed citizenry. This is particularly true for a country like India where large chunk of population is illiterate and very small percentage of it has an access to print or other media which is not subject to pre-censorship.
RTI ACT – NECESSITY • Corruption could be contained if all the agents of public should have few secrets.The people of this country have a right to know every public act,anything that is done for public using public functionary. To cover with the veil of secrecy, the common routine business is not in the interest of public but for the interest of party, politics, self interest or a safe guard against corruption and accountability.
RTI ACT – NECESSITY • Absence of accountability gives birth to corruption. • In every democracy there is a certain amount of distrust and suspicion on government which varies as per its performance. Hence it prompts people to expose maximum of its functionalities.
RTI ACT – NECESSITY • In open government, exposure to public gaze and scrutiny is one of the surest means of achieving a clean and healthy administration. It is a powerful safeguard against political and administrative aberration and inefficiency.
RTI - PRECURSOR Judicial activism • Act on the right to information got a boost from the judgments of the Supreme Court in (Union of India vs Association for Democratic reform 2002) • Wherein the SC issued the directives to the Election Commission regarding voter’s right to know the antecedents of the candidates in the election.
RTI - PRECURSOR • Democracy requires an informed citizenry and transparency of information . • People should not only cast intelligent and rational vote but should also exercise sound judgment on the conduct of the government and the merit of the public policies.
RTI - PRECURSOR •
• •
Parallel to this was going on the movement for more transparency, accountability and information. Led by NGOs and the people at the grass root level. Rajasthan, Maharashtra were the happening states.
RTI - PRECURSOR Jansunwanis
RTI - PRECURSOR • Chief Ministers Conference on “effective and responsive govt” was held on 24th May 1997 wherein the need to enact a law on right to information was recognized. • The parliamentary standing committee on home affairs in its 38th report recommended that the govt should take measures for the enactment of such a legislation
RTI - PRECURSOR • Report of the National Commission on Working of the Constitution: 2002 Recommended amendment to art 19(1)(a) as under : “ All citizens shall have the right to freedom of speech and expression which shall include the freedom to hold opinions and to seek, receive and impart information and ideas”
RTI - PRECURSOR •
179th Report of Law Commission of India:
in constitutional democracies, it is axiomatic that citizens have a right to know about the affairs of the Govt., which having been elected by them seeks to formulate sound policies of governance aimed at their welfare
RTI - PRECURSOR State Acts: 1. The Tamil Nadu Right to Information Act- 1997 2. The Goa Right to Information Act –1997 3. The Karnataka Right to Information Act- 2000 4. The Rajasthan Right to Information Act- 2000 5. The Delhi Right To Information Act-2001 6. The Assam Right to Information Act -2001
RTI - PRECURSOR 7. The Madhya Pradesh Right to Information
Act- 2003 8. The Maharashtra Right to Information Act- 2003 9. The J & K Right to Information Act- 2004
RTI - PRECURSOR • The govt of India also appointed a working group on Right to information and Promotion of Open and Transparent Govt under the chairmanship of late Shri H.D.Shourie • The working group submitted its report in May 1997 along with a draft of Freedom of Information Bill to the govt.
RTI - PRECURSOR • The report was considered by the Parliamentary Standing Committee on Home Affairs chaired by Shri Pranab Mukherjee. • The committee gave its positive report on July 10,2001.
RTI ACT 2005 • The Right To Information Bill,2005 was passed by the House of People on 11th May,2005. • By Council of State on 12th May,2005 • Accented by President on 15th June,2005
RTI ACT 2005 •
Paradigm shift: From secrecy under The Official Secret Act 1923 to Disclosure under RTI Act 2005.
What is right to information? Asking for and to give information as a matter of right is “Right to Information”
RTI ACT – HISTORY •
Whether right to information is a fundamental right?
•
RTI - not included in part III of the constitution. (Art.12 -35)
•
The right to know of a citizen about govt. decisions and actions is derived from the concept of freedom of speech and expression.
RTI ACT – HISTORY Genesis: • Art. 19 - (1) All citizen shall have the right(a) to freedom of speech and expression • Art. 21- No person shall be deprived of his life or personal liberty except according to procedure established by law.
RTI ACT – HISTORY • Freedom of speech and expression includes right of the citizens to know every public act, every thing 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. (State of Uttar Pradesh Vs Raj Narain,1974)
RTI ACT – HISTORY
True democracy cannot exist unless the citizens have a right to participate in the affairs of the policy of the country. The right to participate in the affairs of the country is meaningless unless the citizens are well informed on all sides of the issues, in respect of which they are called upon to express their views.
RTI ACT – HISTORY • Another landmark judgment: S.P. Gupta case; 1982; • “The concept of an open govt. is the direct emanation from the right to know which seems to be implicit in the right of free speech and expression guaranteed under art. 19(1)(a)” • “The disclosure of information in regard to the functioning of the govt. must be rule and secrecy an exception”
RTI ACT – HISTORY • It was demanded for openness in Government system as people casts their votes to choose government and thereafter they become passive and do not take any interest in the Government. • This is an attitude and habit of mind. The important role of people to be a part of governance thereafter is only possible in an open government which is possible when citizen’s have the access to information.
RTI ACT – HISTORY • S.P. Gupta judgment was reiterated in “Bombay Environmental Group and others Vs Pune Cantonment Board - 1986” • Right to freedom of speech and expression includes the right to receive and impart information. (Ministry of Information and Broadcasting Vs Cricket Association of Bengal (1995)
RTI ACT – HISTORY • The right to participate in the affairs of the country is meaningless unless the citizens are well informed on issues in respect of which they are called upon to express their views. (Peoples Union for Civil Liberties Vs Union of India, 2000) • The right to get information in democracy is well recognized and it is natural right flowing from the concept of democracy. (Union of India Vs Association for Democratic reform 2002)
RTI ACT – HISTORY • In the case Union of India vs. Association for democratic Reforms, Supreme court held that a voter had a right to know about the antecedents of his candidate as a part of his right under Art.19(1)(a). Democracy cannot survive without free and fairly informed voters. This right is different than right to receive information through a media or press.
RTI ACT – HISTORY •
• •
Information is necessary to form and express opinions, dissent or support on any matter. It is therefore a part of Article 19(1)(a) Information is necessary for protection of the right to life and liberty. It is therefore a part of Article 21 Right to know has been treated as an unenumerated fundamental right by the apex court from time to time.
RTI ACT – HISTORY • In 1948,UN proclaimed a Universal Declaration of Human Rights. • Similarly European Convention for the Protection of Human Rights came in 1950. Article 10 of that says “not only the freedom of the press to inform the public but also the right of the public to be informed.”
RTI ACT – HISTORY • In keeping with the same spirit of the Universal Declaration of 1948, the Constitution of India embodies a solemn resolve to its citizens that is Article 19(1)(a) which guarantees to the citizen the right to “freedom of speech and expression” as one of the fundamental right listed in Part III of the constitution
RTI ACT – HISTORY •
The commonwealth Expert Group on right to know recommended in 1999:
(i)
freedom of information should be guaranteed as a legal and enforceable right permitting every individual to obtain records and information held by the executive;the legislative and the judicial arms of the state , as well as any govt.owned corporation and any other body carrying out public functions.
RTI ACT – HISTORY The legislation should contain a presumption in favour of maximum information. (iii) The right to access may be subject to only such exemptions which are narrowly drawn, permitting govt. to withhold information only when disclosure would harm essential interests such as national defence and security, law enforcement, individual confidentiality, provided that withholding the information is not against public interest. (ii)
RTI ACT – HISTORY (iv) Govt. should enact freedom of information
legislation containing appropriate administrative measures for its implementation. (v) Govt. should permit any individual to obtain information promptly and at low cost or no cost. (vi) Legislation should be subject to independent review capable of ensuring compliance.
RTI ACT – HISTORY (vii) Government should maintain and preserve records. (viii) Govt. should promote a culture of openness, publicly disseminating information related to the exercise of their functions and the information held by them.
RTI ACT 2005 Why after 55 years? That too with a penalty clause. Was it that we were not ready for it?
RTI ACT – HISTORY Hurdles: • Pre-constitutional law: The Official Secrets Act 1923 • Section 123 of the Indian evidence Act 1872 provides that the Head of the Department can refuse to part with an information • To swear that the information is a state secret.
RTI ACT – HISTORY Hurdles….. Rule 11 of CCS Conduct Rules 1964 No govt. servant shall, except in accordance with any general or special order of the govt. or in the performance in good faith of the duties assigned to him, communicate, directly or indirectly any official document or part thereof or information to any govt. servant or any other person to whom he is not authorized to communicate such document or information
RTI ACT – HISTORY Hurdles …… • Archives Policy Resolution of 22 December 1972 states that all documents are classified for 30 years and thereafter only nonconfidential material is available to a restricted range of people. • Even unclassified material cannot be communicated to any one outside the government without permission.
RTI ACT – HISTORY Hurdles… • • •
Inherent nature of bureaucracy Power of bureaucracy is in direct proportion to the ignorance of the legislature and citizens. Right to information is about transferring the sovereignty - vested with the people by the constitution - back from the bureaucracy to the people.
RTI ACT – NECESSITY • It is axiomatic that every action of the government must be actuated by public interest but even so we find cases where governmental action is taken not for public but for personal gain or other extraneous consideration. If secrecy is observed, it would tend to promote and encourage oppression, corruption, misuse or abuse of authority.
RTI ACT – NECESSITY • Government procedure and regulations should not be shrouded in a veil of secrecy. we should have an oath of transparency in place of oath of secrecy. Right to information can usher in many benefits, such as speedy disposal of cases, minimizing manipulative and dilatory tactics of the bureaucracy, and last but most importantly, putting a considerable check on graft and corruption.
RTI ACT – NECESSITY • One sided information, disinformation, and misinformation all equally create an uninformed citizenry. This is particularly true for a country like India where large chunk of population is illiterate and very small percentage of it has an access to print or other media which is not subject to pre-censorship.
RTI ACT – NECESSITY • Corruption could be contained if all the agents of public should have few secrets.The people of this country have a right to know every public act,anything that is done for public using public functionary. To cover with the veil of secrecy, the common routine business is not in the interest of public but for the interest of party, politics, self interest or a safe guard against corruption and accountability.
RTI ACT – NECESSITY • Absence of accountability gives birth to corruption. • In every democracy there is a certain amount of distrust and suspicion on government which varies as per its performance. Hence it prompts people to expose maximum of its functionalities.
RTI ACT – NECESSITY • In open government, exposure to public gaze and scrutiny is one of the surest means of achieving a clean and healthy administration. It is a powerful safeguard against political and administrative aberration and inefficiency.
RTI - PRECURSOR Judicial activism • Act on the right to information got a boost from the judgments of the Supreme Court in (Union of India vs Association for Democratic reform 2002) • Wherein the SC issued the directives to the Election Commission regarding voter’s right to know the antecedents of the candidates in the election.
RTI - PRECURSOR • Democracy requires an informed citizenry and transparency of information . • People should not only cast intelligent and rational vote but should also exercise sound judgment on the conduct of the government and the merit of the public policies.
RTI - PRECURSOR •
• •
Parallel to this was going on the movement for more transparency, accountability and information. Led by NGOs and the people at the grass root level. Rajasthan, Maharashtra were the happening states.
RTI - PRECURSOR Jansunwanis
RTI - PRECURSOR • Chief Ministers Conference on “effective and responsive govt” was held on 24th May 1997 wherein the need to enact a law on right to information was recognized. • The parliamentary standing committee on home affairs in its 38th report recommended that the govt should take measures for the enactment of such a legislation
RTI - PRECURSOR • Report of the National Commission on Working of the Constitution: 2002 Recommended amendment to art 19(1)(a) as under : “ All citizens shall have the right to freedom of speech and expression which shall include the freedom to hold opinions and to seek, receive and impart information and ideas”
RTI - PRECURSOR •
179th Report of Law Commission of India:
in constitutional democracies, it is axiomatic that citizens have a right to know about the affairs of the Govt., which having been elected by them seeks to formulate sound policies of governance aimed at their welfare
RTI - PRECURSOR State Acts: 1. The Tamil Nadu Right to Information Act- 1997 2. The Goa Right to Information Act –1997 3. The Karnataka Right to Information Act- 2000 4. The Rajasthan Right to Information Act- 2000 5. The Delhi Right To Information Act-2001 6. The Assam Right to Information Act -2001
RTI - PRECURSOR 7. The Madhya Pradesh Right to Information
Act- 2003 8. The Maharashtra Right to Information Act- 2003 9. The J & K Right to Information Act- 2004
RTI - PRECURSOR • The govt of India also appointed a working group on Right to information and Promotion of Open and Transparent Govt under the chairmanship of late Shri H.D.Shourie • The working group submitted its report in May 1997 along with a draft of Freedom of Information Bill to the govt.
RTI - PRECURSOR • The report was considered by the Parliamentary Standing Committee on Home Affairs chaired by Shri Pranab Mukherjee. • The committee gave its positive report on July 10,2001.
RTI ACT 2005 • The Right To Information Bill,2005 was passed by the House of People on 11th May,2005. • By Council of State on 12th May,2005 • Accented by President on 15th June,2005
RTI ACT 2005 •
Paradigm shift: From secrecy under The Official Secret Act 1923 to Disclosure under RTI Act 2005.
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