ABSTRACT

The actual Democracy ought to be found with the approach of informed citizens sufficiently
equipped to participate actively and uprightly in the administration of the country. If
Transparency, accountability and peoples participation are the directions for preserving good
governance and operating the public establishment. The access to information is an important
machinery for the change of the society. Right to information act aids to accomplish the
same. Apart from assuring better accountability and transparency, it also acts as an obstacle
against the misuse of power. So RTI Act undoubtedly strengthens the administration.
The Act played an important role in bringing public revolution in the country to achieve good
governance. It is the major weapon to fight against the arbitrariness and corruption. Today in
India there is a high rate of corruption in all the stages. Accountability cannot be rigid if there
is no transparency. There should be minimal secrecy and maximum disclosure. The main
burden of Right to information act is to revise the culture of the confidentiality and
remoteness that has deeply engrossed Indias rigid and gloomy bureaucracy. The act gave
larger impact on the condition of the life of poor and oppressed. There have been many
affirmative revisions and changes in the level of accountability and transparency, since last
ten years.
Right to information Act is an important instrument that can bring many social benefits. The
essence of RTI act is to construct information dispensation government where the individual
can access information in an easy way. Besides just providing information, the Act in many
parts of the world acted as an effective protector in making the system work according to the
rules and regulations without any deviation. At present RTI Act in India is going through a
definitive phase and needed to bring much awareness among people to make it much more
effective and to facilitate to its development. The present paper is an effort to debate the
major significance of the good governance, eradication of the corruption in India through
Right to information act and the role of RTI Act in good governance. The paper even tries to
determine the implementation of the RTI Act in India.

TABLE OF CONTENTS

ABREVATIONS

03

INTRODUCTION

04

BACKDROP

06

RTI IN LEGAL AND CONSTITUTIONAL ASPECT

07

RTI AND GOOD GOVERNENCE

11

RECOMMONDATIONS FOR REFORMING

TRANSPARANCY POLICIES

15

EXCLUSION INSTITUTIONS

16

IMPLEMENTATION OF TRANSITIONAL
DEMOCRACY THROUGH RTI

17

CONCLUSION

20

BIBLOGRAPHY

21

REFRENCES

21

ABREVATIONS

RTI RIGHT TO INFORMATION ACT

CBSE CENTRAL BOARD OF SECONDARY EDUCATION
ATI ADMITANCE TO INFORMATION
FOIS FREEDOM OF INFORMATION ACT
PIO PUBLIC INFORMATION OFFICER
CSO CIVIL SOCIETY ORGANIZATION
CIC CENTRAL INFORMATION COMMISSION
PIL PUBLIC INTEREST LITIGATION

INTRODUCTION

The fight for the right to information is the fight for the survival of democracy in India. The
stakes are too high for us ever to give up. So we will never give up.
-Arvind Kejriwal
It is not frequent that a legislation grips a central area in a democracy, gets approved by the
Prime Minister of the country, 1or converts the cherished contrivance of the civil society. It is
perchance this characteristic of the Right to Information (RTI) that certifies that it will not
vanish from public remembrance. The contraption under the Act has given some momentous
orders giving citizens entry to information related to CBSE Board Papers, 2 accounts of
political parties,3 and reports of many public works schedule which would have differently
remained unreachable to the public eye. It's the happiness of place inwards the civil society
has also had a bonafide impact on legal academia, as is illustrated by the diverse volumes of
terse, readable and non-exhaustive criticism applicable to the subject today. The educative
value of such writing is enormous, and it goes a broad way in assisting the people. The RTI
by Sudhir Naib 4in India is one such attempt to transfer the RTI Act closer to the people. It's
fresh, exact, and reader-friendly format corroborates its description as an introduction and
inaugurates its value as an available guide on the Right to Information. In Namit Sharma v.
The Union of India, 5wherein the Apex Court conducted that since Information Commissions
1 Supranotes33

2 Prime Minister Manmohan Singhs Independence Day Speech, THE HINDU (August 15, 2013), available at
http://www.thehindu.com/news/resources/prime-minister-manmohan-singhs-independence-dayspeech/article5025006.ece (Through the RTI Act, the common man now gets more information than ever
before about the work of the government. This legislation is being used on a large scale at all levels. The Act
frequently brings to light irregularities and corruption and opens the door for improvements.)
CBSE v. Aditya Bandopadhya, (2011) 8 SCC 497 (Supreme Court of India).

3 Subhash Chandra Agarwal v. Indian National Congress and Ors., File No. CIC/SM/C/2011/001386.
(Central Information Commission).

4 Sudhir Naib, THE RIGHT TO INFORMATION IN INDIA (2013).

5 Namit Sharma v. Union of India, (2013) 1 SCC 45 (Supreme Court of India) [Namit Sharma].

have the appointments of a court, they should have a juridical member. The author has
reprimanded the judgment as a caisson of judicial activism and has built a case for keeping up
status quo, beneath which information officers are intimately managerial organization.6 It is a
well-known convention of law that no right is sheer in nature, and the exercise of each right is
subject to feasible hindrance. The right to information is no exception, and its exercise is
subject to section 8 of the Act, which take account of the classes of information that are
discharged from exposure. The RTI Act has come a long way since its commencement as the
footing of clarity and blameworthiness in the pattern of Indian governance. While the
provisions are all in place, there is a long way to go in terms of developing its application.

Admittance to Information (ATI) is a necessary step in providing clearness and accountability

in government schemes and processes. When a government is transpicuous, there is minor
chance for corruption and higher room for accountability. Thats why Freedom of Information
Acts (FOIAs) is turning good standard practice in the international field. The RTI mostly
understood as the .right to approach information clutched by public authorities. It is not just
an obligation of the citizens; but also a qualification to good governance. To be specific,
Admittance to Information creates democracy more dynamic and meaningful and grants
citizens to take part in the governance schemes of the county. In particular, it gives power to
typical citizens, especially those who are inhabitants of rural areas. When people have ATI,
they contribute to making more weighty decisions, boost informed opinions, control policies
were touching their society and even designed a more established future for the adjoining
generation. RTI has been recognized in Sweden7 for over 200 years. Notwithstanding, over
the last ten years it has ameliorated recognition all over the regions of the world. While
complementary legislations were embraced only by 13 countries in 1990, but now it has
grown to 852 or more, and such comparable pieces of legislations are under effective
deliberation in many other countries. In India, RTI Act was popularized in 2005 and since
then this law has verified to be a strong machinery in the hands of people, for protecting
transparency in government agencies and having corruption. 8
6 Naib, supra note 4, at 216 (The Union Government has filed a review petition before the Supreme
Court. It is hoped that the Union of India will argue the case better in review than it did in the original
petition and the Court will address the issues arising out of the earlier judgment as pendency of cases
remains a big problem).

7 Swedish Freedom of the Press Act, 1766

8 ARTICLE 19 Welcomes UNESCO Declaration on Right to Information, Press Release, ARTICLE 19, 4 May
2010. Accessible at<www.article19.org/pdfs/press/article-19-welcomes-unesco-declaration-on-right-toinformation.pdf>

Indias right to information act is stated as one of the worlds finest law with a sterling
implementation track report. It is one of the most entrusted and most reformist legislations
passed in the post-Independent India. 9 From the day the Act came into effort, sophisticated
citizenry had declared adopting the law by constructing information requests in classification
get the police to act or get their privileges of food grain under public allocation system or
bring to light the nefarious officials.10 Most profound provision of the Act is that the
information claimant needs not to commit any reason for it or prove his locus stand. The
work of implementing the law is not without considerable challenges. 11 Death of competent
public awareness in rural areas, absence of suited organization to accumulate and distribute
information, lack of holding power of the public information officers (PIOs) to tackle with
the requests, governmental mindset and notion etc.12

BACKDROP
Civil society organizations in India have made major progress in last few years in promoting
the adoption and drafting of access to information laws. All states in the region now have
such laws on the statute books. Other civil society organizations (CSOs) have followed up on
these successful adoption campaigns with a range of activities to promote implementation,
including training of public officials, awareness-raising among civil society, and monitoring
the functioning of such laws through questionnaires and by filing requests to test levels of
9 Understanding the .Key Issues and Constraints. in implementing the RTI Act,
PricewaterhouseCoopers in association with IMRB, 2009. Accessible at <
http://rti.gov.in/rticorner/studybypwc/index-study.htm> & Safeguarding the RTI . Report of the
People.s RTI Assessment 2008, RTI Assessment and Analysis Group and NCPRI, October 2009.
Accessible at <http://rti-assessment.org/exe_summ_report.pdf>

10 Guide on Right to Information Act, 2005, Government of India.

<http://rti.gov.in/RTICorner/Guideonrti.pdf>

11 David Banisar, Freedom of Information around the World - A Global Survey of Access to
Government Information Laws, Privacy International, 2006.
<www.sspa.it/share/pagine/1635/global_survey2006.pdf>

12 M. M. Ansari, Impact of Right to Information on Development: A Perspective on India.s Recent

Experiences, United Nations Educational Scientific and Cultural Organization, 2008.
<http://unesdoc.unesco.org/images/0018/001865/186510m.pdf>

responsiveness. Problems identified through an exercise of the right to file requests for
information often point to weaknesses in the design of these new laws and to flaws that can
reduce the Prospects for full implementation. The emerging body of knowledge of how to
protect and promote the right to information in India is of great value to anti-corruption
practitioners and beyond.
During a one-year period between June 2004 and May 2005, Transparency department
monitored and tested the freedom of information acts in many cities. Together with the
government bodies, the officials worked to improve the legal framework on access to
information, test implementation of the new transparency laws, provide assistance to
information requesters, and prepare legal advice for those seeking to secure access. The Open
Society Institute gave support for these activities.
The ways to promote social accountability is by strengthening transparent mechanisms,
independent media and tools such as citizen juries, social audits, citizen report cards and the
legislative inclusion of people, etc.
Though these are taken on one hand, we, on the other hand, were weakening the existing
mechanisms, for example, RTI (Amendment) Bill. The one of the primary tool we learned is
access to information which is also a most powerful and efficient one in the recent years.
There has been a relentless effort towards recognizing RTI as a fundamental right. Our RTI
though is a hard-won entitlement it is facing many obstacles in its implementations. There are
also plenty of examples on how this law has implied to the livelihoods by providing muchneeded info. It has empowered the individuals to become an effective participant in
disclosure making RTI as a critical tenet of participatory democracy.
Our own RTI Act passed on June 15, 2005 came fully into force on Oct 12.the act well
acknowledges the fact that democracy requires an informed citizenry and Transparency and
to curb corruption these revelations sometimes come into conflict with efficient operations of
governments preservation of confidential, sensitive information. It is necessary to harmonize
these impediments without forgetting the democratic ideal.
Though this act has got certain defects in its exertion, its practicality lead to knowledgeable
choices and a choice of participatory democracy. There was an amendment bill in 2012 which
was a response to the CIC getting the political parties to the boundary of RTI.

RTI IN LEGAL AND CONSTITUTIONAL ASPECT

The bill for freedom of information which was in congruence with both article 19 of the
Constitution and the Universal Declaration of Human Rights, passed on 16th December 2002
could assist in an entire and substantial peoples participation in governance which is
essential to parliamentary democracy. Only 20 out of 200 countries have laws for the
freedom of information. Various provisions of the Indian Evidence Act 1872 have a
7

proximate demeanor on the duty of a public servant to give exact information to the public.
Section 21 of the Indian Penal Code, 1860 deals with the definition of public servant whereas
Section 167 cited under chapter IX of Indian Penal Code administers punishment of
imprisonment up to 3 years for designing a false statement against any Public Servant.
Section 74 of the Indian Evidence Act 1872 implements a definition of public documents and
Section 76 provides that each public servant on demand shall give a person a copy of any
public document that he has, on payment of fees. 13 The equivalent Evidence Act in its
Section 123 and Section 124 begets the right of the citizen to information only at the
discretion of the government servants. The Supreme Court of India has held in many cases
that right to information is implied in the constitutionally preserved rights to Article 19(1)(a)
which is freedom of speech and expression and Article 21 which is right to life and liberty. 14
No attempt has been made by the State or Central Governments to implement a clear and
useful access to information department. Mazdoor Kisan Shakti Sangathan (MKSS) was the
first and foremost movement in India regarding the right to information that initiated in
Rajasthan during the 1990s. It aimed at access to accounts and to maintain transparency in the
system of administration in villages that gave light to movement of information throughout
India. The central government ratified the Indian Freedom of Information Act in 2002. It
initiated a vital step towards materializing the right to information, but it didnt go far
enough. Moreover, the rules of the Act are yet to be implemented by the Central Government,
so it is yet to come in force. Tamil Nadu was the first state to execute a law of the right to
information in 1997, followed by Goa. Seven other states have also passed legislation like
Karnataka in the year 2000, Delhi in 2001 and Madhya Pradesh in 2003, etc. Whereas Uttar
Pradesh designed a code for the key to information in 2000 and certain draft bills are also
prepared by Kerala and Orissa government. CHRI15 is one of the dominant campaigners for
the right to information that has desired to spread awareness, assist civil society campaigns
and to contribute input to law making means.
The Supreme Court in State of UP v Raj Narain 16, a 1974 case identified the right to know
as a fundamental right to freedom of speech and expression of the Indian Constitution
guaranteed under Article 19 (1)(a). Subsequently a deluge of cases recognized the right to
13 UNDP (2010). Fostering social accountability: From principle to practice, democratic governance
group, UNDP, Guidance Note.

14 Commonwealth Human Rights Initiative, Right to Information: International, Member States. Laws and
Papers <http://www.humanrightsinitiative.org/programs/ai/rti/international/laws_&_papers.htm>

15 CHRI: The Commonwealth Human Rights Initiative is an international non-governmental organisation

formed to support Human Rights and particularly to support the implementation of the Harare Declaration in the
countries of the Commonwealth of Nations.

information as a fundamental right of the same. The Supreme Court in Peoples Union for
Civil Liberties v Union of India 17observed that the right to information is a feature of Article
19 which guarantees freedom of speech and expression in the Constitution of India, which is
a fundamental right. Nonetheless, when the Constitution is amended the test relating to the
basic structure that has been reposed in Keshavananda Bharti 18 case has to be convinced. The
test caters that a constitutional amendment must be in aspersion of the basic structures of the
Constitution. The Central Government in 2005, December sailed the idea to eliminate file
notings by importing an amendment to the Act. The news created a bickering with activists
conceiving the liability of the Government. However, the Union Cabinet has accepted the
Amendment Bill, that when it will pass it can exclude file notings 19as information that can be
challenged as a matter of right. Again the Indian Army disavowed to give information in
2005, December to an applicant regarding the controversies of national security. But when
the Prime Minister meddled, it was held that Army can never refuse until the government
appraises. The right to information benefitted power under UDHR 20, which came into force in
1948 contributing every person to gain information through media. The International
Covenant on Political and Civil rights 1966 states that Every individual has the right to
freedom of expression and to follow and divulge information, documents and ideas of every
kind, regardless of frontiers 21Justice Krishna Iyer in the Maneka Gandhi case 22 said a
16 (1975 AIR 865, 1975 SCR (3) 333)

17 AIR[2003] SC 2363

18 (1973) 4 SCC 225

19 File notings is an important public document containing details of the decision making process in
any public matter - such as who said what and who rejected whose view and on what grounds before a
decision was reached in government. It also includes the official correspondence between officers in
pursuance of a government scheme or project.

20
The Universal Declaration of Human Rights (UDHR) is a declaration adopted by the United Nations
General Assembly on 10 December 1948 at the Palais de Chaillot, Paris.
21
International Covenant on Civil and Political Rights. Adopted by the General Assembly of the United
Nations on 19 December 1966, Vol. 999, pg-5
22
1978 AIR 597, 1978 SCR (2) 621

government that functions in privacy not only acts against democratic decency but also buries
itself with its burial23. In Bennet Coleman case24 the Supreme Court while considering the
order of newsprint control, allocation to a newspaper of newsprint was hindered, held that
such obstacle not only infringed the right of newspapers of freedom of speech but also
readers right to read was trimmed.25 Similarly in SP Gupta v President of India & Ors 26 the
Supreme Court held that the citizens of this nations have a right to get the idea of every
public act, everything that is brought about in a public way. They are subjected to have
knowledge of the very particulars of each public transaction. 27

Also in Secretary, ministry of information & broadcasting v. Cricket Assn. of Bengal, 28the
Supreme Court held that the airwaves were a property of the public and its allocation of the
media and the private channels should be done on equal basis as the freedom of speech
involving the right to convey and take possession of the information from electronic media. 29
Adjoining Article 19(1)(a), the other articles that provide the right to information under
Constitution of India are Articles 311(2) and 22(1). Article 311(2) provides for a government
servant to know why he is being r removed or being relegated and representation can be made

23
Dr Ashok Dhamija, Supreme Court AOR Examination Leading Cases Maneka Gandhi v. Union
of India, (1978) 1 SCC 248
24
1973 AIR 106, 1973 SCR (2) 757

25
Columbia University, Global freedom of expression
26
AIR 1982 SC 149, 1981 Supp (1) SCC 87, 1982 2 SCR 365
27
Prateek Andharia, A Look Into The Past: SP Gupta v President of India
28
1995 AIR 1236 1995 SCC (2) 161 JT
29
Supranotes10

10

against the order. By Article 22(1) a person can know the grounds for why he is detained. 30
In Essar Oil Ltd v. Hall Utkarsha Samiti,31 the Supreme Court held that right to information
comes from the right to personal liberty guaranteed under Article 21 of the Indian
Constitution. The UPA Government32 in 2005 ratified a legislation naming it Right to
Information Act 2005 which came into force on 12th October 2005. Several states have
formed State Information Commissions for the purpose of appeal. 33 The truancy of original
information on the grounds of public interest will embolden rumors and opinions and
needless allegations against individuals and association. So the right to information
eventually is a constitutional right. It involves right to receive and accumulate information
being a facet of the right to speech and expression. 34 This will also serve as a helping hand
for the citizens to perform their fundamental duties as given in Article 51 A of the Indian
Constitution.35 The demand for the right to information has been extensively felt throughout
the country, and this has acknowledged judicial perception through some landmark judgments
of courts of India. Mr Justice Mathew in his judgement in Sate of UP v Raj Narain laid down
that in an answerable government like ours, where all the representatives of the public must
be held responsible for their act, there can be but few secrets. The people in this nation have a
right to know every government act, everything that proceeded in a public way by their
public functions. They are entitled to know the particulars of every individuals transaction.
30
Dr Padma Rani, RIGHT TO INFORMATION AS A TOOL TO PROMOTE AND STRENGHTEN
DEMOCRACY, Global Media Journal Indian Edition, pg no-203, December 2010
31
(2004) INSC 31
32
The United Progressive Alliance (UPA) is a coalition of centre-left political parties in India formed after the
2004 general election. [1] One of the members of UPA is Indian National Congress, whose president Sonia
Gandhi is also the chairperson of the UPA

33
Pranav Kulkarni, One issue, two voices: UPA government opposed OROP four years ago,
New Delhi, 2015

34
Global Trends on the Right to Information: A Survey of South Asia.
http://www.article19.org/pdfs/publications/south-asia-foi-survey.pdf
35
Roy Peled and Yoram Rabin, The Constitutional Right to Information, 2014

11

Their right to information, which is derived from the concept of freedom of speech, though
not clear, is a factor which should make one wary when secrecy was claimed for transactions
that can at any percentage have no effect on public security. But the legislative part of the
State did not answer to it by ratifying suitable legislation for protecting the right of the
individual. 36

According to Soli Sorabjee in 1982 the right to know consummated to the position of a
constitutional right in the eminent case of SP Gupta V Union of India, 37 which is widely
known as the Judges case.38 Here again, the demand for concession was laid before the court
by the Government of India in respect of the confession of few documents. By a reasonable
interpretation of the guarantee of freedom of speech and expression, the Supreme Court
exhilarated the right to know and the right to information to the rating of a fundamental right.
The court reaffirmed that he concept of an open government is the straightforward effusion
from the right to know which seems to be steadfast in the right of free speech and expression
guaranteed under Article 19 (1) (a). 39
The Supreme Court of India has reiterated in the SP Gupta case 40that open Government is the
different democratic perception of a susceptible society towards which every enlightened
democracy is persuasive, and our country is no exception. 41In a country like India which is
devoted to the socialistic pattern of society, right to know is a necessity for the
underprivileged, obtuse and illiterate masses. 42 In 1986, the Bombay High Court followed
the SP Gupta judgment in the familiar case Bombay Environmental Group vs. Pune
Cantonment Board. The High Court of Bombay differentiated between the ordinary citizen
36
Supranotes17

37
(AIR) 1982 SC (149)
38
Supranotes23
39
P. SATHASIVAM AND DR. B.S. CHAUHAN, JJ, SUPREME COURT REPORTS [2011] 4 S.C.R.

40
Supranotes23
41
Supranotes25
12

searching for orientation and organizations of social activists. This was recognized a
landmark judgment putting attention to access to information. 43
In Minerva Mills Ltd. and Ors. v. Union of India and Ors., 44this Court mandated without
uncertainty, that it is the Constitution which is absolute in India and not the Parliament. The
Parliament cannot destroy the Constitution, to which it owes its existence, with infinite
amending power.45 In the case of Government of Andhra Pradesh and Ors. v. Smt. P. Laxmi
Devi,46 Court held that it should examine judicial restraint while judging the constitutional
validity of the statute and it is only when there is clear infringement of a constitutional
provision beyond fair doubt that the Court should pronounce a provision to be
unconstitutional.

RTI AND GOOD GOVERNENCE

We are always rhetoric regarding the ideals of transparency and inclusiveness and knew
that we can bring out social accountability and inclusive democracy which stand as pillars of
good governance.47 We are only rhetoric yet can prove that by curtailing the scope of the act
even though faced many oppositions from civil society. The world is always looking forward
to a basic foundation for enhancing democratic governance. Informed set of society leads to
what is called a demand for good governance which means ability of citizens of civil
society organizations and other non-state actors to hold the state accountability and make it
responsive to their needs high lightening the importance of social accountability.48

42
Supranotes25
43
Supranotes25
44
(1980) 3 SCC 625
45
DRDO Bhawan, Central Information Commission RTI: a compendium, New Delhi
46
(2008) 4 SCC 720
47
FIRST REPORT,SECOND ADMISTRATIVE REFORMS COMMISSION, RIGHT TO
INFORMATIONJUNE 2006, Master Key to Good Governance
13

Access to information acts is grounded in the recognition that information in the control of
public authorities is an important resource for public and access to such information boosts
greater accountability and transparency of those public authorities, and this information is
essential to the democratic process. The purpose of these acts, also known as access to
information laws, is to make a government more accountable and open to its people. 49 In
transitional democracies, laws that give effect to the right to information are part of changing
a country to one governed by and for the people from one with a closed and authoritarian
government. The important aspects of good governance are given as follows.50

Promotes transparency and good governance

Right to information enables individuals to see how government bodies are working. Every
individual should openly come to know what has happened and what is to happen.
Transparency is the crucial part of good government. The public has right, to know about the
programs and policies of the government. All communication of the state must be opened to
all individuals. Approach to information is a major empower of transparency, and it refer to
the availability of information to public and certainty about functioning of state government
institutions. Right to Information Act is designed to promote transparency and accountability
in government by making the process of government decision-making wider.51 Though some
divisions of the Union government are exempted from this act the information can be desired
if it is concerned with the encroachment of human rights. Even the information from the
private jurisdiction can be sought only through the commanding authority, and it will send the
note to the institution concerned under section 11 of the act. Many of the countries have
executed it through understanding that greater access to the individuals to information
enhances the openness of government to society needs. In turn, it provides immediate
redressed of public grievances and thus advances feeling of goodwill towards the state

48
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1572238
49
Supranotes48
50
Supranotes48
51
http://info.worldbank.org/governance/wgi/resources.htm
14

government. Democratic countries have a greater degree of openness vis-a-vis rigid

establishment; nowhere in the world is government body functioning totally open.

Promotes Accountability

Accountability is a key ingredient of good governance. Without this, the root of any
advancement failure cannot be found. Not only the state bodies, but the private sector bodies
also be accountable to the individuals.52 Information is powerful and Right to information Act
brings transparency and accountability to the administration. This involves the continuation
of a mechanism, which assures that both officials and political are answerable for their
behavior, use of public resources and performance.53 If they breakdown to maintain
accountability, their authority and power are finished. The RTI Act allowed the people to
explore definite and officials of their works or short of it. Hence, accountability always led to
the sense of responsibility and effectiveness among government heads. The RTI Act is
satisfactorily strong in its current form to even fight the roots of corruption. 54 There will
forever be corruption at the roots as long as its seeds are sown at the top level. RTI Act can be
used to showcase these seeds of corruption which in turn can regulate corruption at the lower
ends.55

Participation
Participation anticipates involvement of the entire community in governance. Both women
and men are the cornerstones of good governance. Ideal democracy does not mean the rule of
chosen little; it should take the interest of all sectors especially the weakest sections of the
community. Without individuals' participation, the RTI will remain a non-starter. Participation
has a large range of definitions. On the one side, some people take participation to mean
52
Supranotes48
53
S P Gupta vs. Union of India (AIR) 1982 SC (149)
54
http://pcgt.org/current-projects/rti.html
55
Supranotes30
15

engaging in any particular movement; besides this, researchers define participation as an

activity through which individual share control and influence over development activity. RTI
Act creates a relation between government and people. Good governance needs that civil
society has the chance to participate in the establishment of development methods and that
directly affected societies and individuals should be able to be part of the implementation and
design projects and programs. Even where projects have a trivial impact on particular places
or population clusters, there should be a consultation that takes their aspects into account. 56
Individuals who understand public proceedings and what state is doing can voice their idea
on issues that problem their lives, they can take part in the affairs of government. RTI
facilities individuals in making economic choices and political and thus strengthens
democracy. Right to Information Act encouraged and facilitated the participation of people in
the governance. Earlier citizens had the will, but they did not have the chance to take part in
the so-called official proceedings. But RTI acts the way for much participation of the
common individuals in governance sensibly.57

Accessibility

Right to Information makes it achievable to easy access to information from state and central
government departments, records, services, finances, documents and projects to all sectors of
society.58 A common person indulges in the matter of government bodies regarding
evolution.59 The RTI Act by providing contributing entry to information decreases the
established wider gap between administration and citizens and thus helps in building nations
process.60 Every individual becomes aware of daily activities of the government bodies.
When individuals have the approach to information about service transmission and other state
functions, they know what they are designated to, and they know where and how to demand
56
The Right to Information Act, 2005,A Guide for Civil Society Organisations
57
Supranotes54
58
Supranotes54
59
Ibid at 56
60
World Bank, Legislation on Freedom of Information: Trends and Standards,
PREM Note No.93, October, 2004.
16

their right to those activities and other uses. 61 In pre- RTI era individuals' role was only
restricted to the election of their heads, individuals did not have the legal right to know about
the affairs of government activities.62 But Right to information act gave the people the moreneeded right to seek information regarding the works of their government authorities should
co-operate the people. The RTI act was given the status of the fundamental right, and it is
proof of the fact that how needed it is for the proper functioning of the government bodies.

Empowerment
To assure development in the local sectors and peoples participation must be decentralized. It
is also called empowerment of citizens. Before enactment of RTI Act, participation in
economic processes and political and the capacity to make choices has been to India itself. As
a consequence, citizens remain ignorant of various projects and they can't resist when their
legal rights become ancestry. At the same moment, people remain innocent in terms of the
means and ways through they can get their entitled rights from the respective departments in
a legal way.
According to Michel Foucault, a French philosopher power is derived from capacity and
information is the component of knowledge. So, in this era of the technology-driven
information revolution, empowerment defined as an access to information. 63 The first thing
any tyrannical government body does is to restrict the individuals' access to the sources of
knowledge and monopolize it while the rule of good governance demands easy flow of
knowledge.64 Concentration of information confidently leads to centralization of power. Now
with the enforcement of RTI Act Individuals can take part in making decision process and it
enables the individuals to know about the government decisions. The RTI Act was
empowering individuals by removing unwanted secrecy surrounding in the decision-making
process of the government bodies.65

61
Ibid at 56
62
http://www.financialexpress.com/news/pm-says-rti-not-a-substitute-for-goodgovernance/180763
63
Ibid at 56
64
Soli Sorabjee stressing on the need of Right to Information aim at bringing
transparency in administration and public life
17

Equity and inclusiveness

It is another important aspect of good governance. It implies every individual is a part of the
governance, and they dont feel thrown from the main sector of society. Every individual
should have the same status in the government decisions.66 The RTI Act also does not make
any discrimination between poor and rich, and it covers all the individuals in India. It always
plays a major role to fight against injustice, inequality and inhuman activities.

RECOMMONDATIONS FOR REFORMING TRANSPARANCY POLICIES

The adoption and implementation phase are relevant to states on the point of adopting new
access to information laws in the process of reforming their transparency policies:

Generate political will:

As many case-studies show, access to information laws can be adopted with or without civil
society involvement, and even with or without a full commitment to transparency by the
national government. To achieve full implementation of these laws, there has to be sufficient
political will. Ideas should be pitched to esteemed and well respected political figures. 67 This
result in pilot programs being implemented and administrative reforms with political support
and backing.68 Politicians can be themselves be part of the change in the culture of secrecy
and improve their credibility through their involvement with initiatives to promote and
implement the right to access information.
Develop a culture of the right to information:
A successful access to information law is one that works both on paper and in practice. To
accomplish this, part of the challenge for society organizations campaigning to promote the
right to information is a creation of a culture of the right to information.69 Such a transparency
culture has faces to it: the acceptance of public heads to give information and willingness to
65
http://legalservicesindia.com/article/article/right-to-information-as-a-proceduraljustice-491-1.html
66
Ibid at 64
67
Ibid at 64
68
http://www.indianexpress.com/news/governance-comes-before-a-lokpal/775352
18

file requests by the public.70 The experiences of the various states studied in this report show
ongoing problems occurred in the absence of awareness among public to the new access to
information laws and of the right to request information from public bodies. Intensive legal
education and freedom of information campaigns need to be undertaken to raise awareness
amongst the population and stimulate filing of requests.71
Improve Government Efficiency and Information Management:
An access to Information law is not only a weapon to expose corruption, but it can also avoid
it by the highlighting poor administration regarding how public funds will be spent. A new
access to information regime can also help improve internal efficiency and information
management in administrations unused to such levels of accountability, even from internal
supervision organs.72 When a new Access to Information Law has been adopted particularly
during the subsequent 6 to 12 month implementation period, it is necessary to consider
improvements to the current administrative infrastructure (including IT systems, web-portals,
filing systems, records and procedures) and internal information management systems. 73
Prepare adequately for implementation of a new law:
The time between the adoption of an access law and when it enters into force should be
utilized wisely. In particular this period (which is normally 6-12 months) provides ample time
to train public servants and hold awareness-raising campaigns for the public, business
associations, civil society organizations, and journalists.

EXCLUSION INSTITUTIONS

69
Ibid at 64
70
Ibid at 68
71
http://blogs.worldbank.org/publicsphere/changing-lives-through-rti
72
Ibid at 68
73
http://orissa.gov.in/e-magazine/Orissareview/2009/November/engpdf/67-69.pdf
19

The RTI Act administers that few sensible information can be restrained from the citizens; if
the public representatives in possession of the acquaintance feel that the same is likely to
imperil either state or national interests or to infringe the undisclosed facts of trade. These
exclusions are primarily found in, in Section 8 and Section 9 of the RTI Act. However,
contrary to the famous conception, Section 7(9) is not an exception.74
Section 8 gives certain needed exemptions, which are subjects of Public Interest. Here, the
jurisdiction of public in absorb the information, should consider whether there is major public
interest in curbing the information or conferring out the information (commonly calledcounteracting the affection of public or herein looked as the individual's Interest .
Astonishingly, the Right to information 2005 flounders to give anywhere the connotation of
'public authority'.75 Public Authority is not seen explained in any of opportunity of
information law. Interest of public, in middling precedences, may hold the fundamental idea
while making the decision of whether the information is to come out of the closet or
withheld. Public emphasis, in the idea of the Supreme Court of India has been provided by
form of guidances of Supreme Court for preserving a PIL, 1998 and also in cases as of , S P
Gupta v. President of India, State of Gujaratv Mirzapur Moti Kureshi Kasab Jamat& others,
or in Janta Dal v. VHS Choudhary.76

Further detailing the exclusions laid down in Section 8 of Right to information 2005, the
reduction that all the competent exemptions can further be buttoned down into three:
a. Class Exemptions
Section 8 [1] (b), (e), (f), and (i) embodies these exemptions. In these cases, the public
authority may not manifest any harm but simply might show that the information is
discharged under the above-specified clauses.77
b. Prejudice based Exemptions
74
MKSS, was instrumental in drawing the attention of the public to demand for a Right to Information, especially
in Rajasthan

75
Ritu Sarin, "The RTI debate catches on ", Times of India, 17 May 2006,
Mumbai Edition
76
Ibid at 75
20

The degree of prejudice is not detailed, so any level of prejudice might disagree. However,
less symbolic the prejudice is shown to be, the bigger the chance of the public interest
lowering in favour of divulgation of the information in the question. Whether prejudice
prevails is a matter of fact to be predetermined. Section 8 (1) (a), (c), (d), (g), (h), and (j)
involves these exonerations.
c.Time Limited Exemptions
Section 8 [3] appoints time limit on exemptions. Section 8 [1] (b), (d), (e), (f), (g), (h), and (j)
are time-narrowed exemptions, which are no longer well-founded exemptions after 20 years
from the date of the record.78
All the exemptions that are contrived by the Public Authority are at the call and not
mandatory.79 The public authority may take such arrangements as a matter of government
discretion, where they are not restricted otherwise from doing so.
Sec. 9 of the RTI '05 states that any information, whose copyright is not protected by the
state, cannot be contributed to it under any circumstances. This exemption laid down in the
RTI '05 is not an efficient exemption, but rather an unconditional one. 80 It is predominantly
intended to hinder misuse of the RTI '05 by the Governmental bodies, especially in cases of
violation of copyright and the like.81
Section 24 of the RTI '05 directs that the intelligence and security systems cannot come to the
recognition of this act. It also makes an assurance to the effect that any information provided
by such departments to the Government too would be away from the scope of the relevancy
of this act. These organizations are sought to be specified in Second Schedule of the RTI '05,
which has a detailed list of 18 different agencies. However, the Section gives a proviso to
stop the basic aim of the act from being infringed by declaring that accusations of corruptions
and violations of human rights can't be left under this act. Thus, this section can be said to be

77
Srinivas Madhav, "The Right to Information and Public Interest - A Primer", RTI Manual, March 2007

78
Ibid at 77
79
Ibid at 77
80
Ibid at 77
81
Times of India, Ex-RAW official questions relevance of Official Secrets Act, 28 Sep 2007

21

the heart of the spirit of democracy as it caters for information to the public, but at the same
time, puts a certain limit in place over the same.

IMPLEMENTATION OF TRANSITIONAL DEMOCRACY THROUGH RTI

Anticipate administrative reforms:

Parties involved in drafting the law need to take into consideration the public
administrations capacity for the new legislation. Otherwise, a law may be created that is
excellent for citizens but leaves the administration incapable of providing proper services and
with a considerably reduced capacity to deliver.82 For example, standardizing the
classification of internal documents and the proactive publication of certain classes of
information such as budgets and annual reports can greatly help in preparing the
administration for answering the most common information requests.83

Sanctions for secretive institutions:

Sanctions should penalize the institutions that have failed to respond to requests for
information. Along with the heads of these agencies to avoid the possibility of individual,
lower rank civil servants being penalized the burden of responsibility should rest with those
with the power to make a change. 84

Retrospective action:
Any new access to information legislation and policies should include a clause that entitles
requestors to obtain access to copies of information contained in official documents that
originated before the adoption of the access to information law. 85

82
Ibid at 74
83
http://www.caluniv.ac.in/Global%20mdia%20journal/WINTER
%202010%20ARTICLES/Article%206.pdf
84
Ibid at 56
22

Specifying which private bodies are covered:

Some freedom of information laws also oblige private entities to provide information,
particularly where these private bodies receive public funds, perform a public function or
hold information that is necessary for the defence of other rights, such as the right to
education or health or participation in public life. To ensure clarity on which bodies are
bound to respond to requests for information, they should either be named within the law or
the law should specify the criteria to be applied when determining when a public body has an
obligation to respond and which of the information it holds must be made public.

Fair fees:
Access to information regimes usually establishes fees for obtaining copies of the information
requested. On Access to Official Documents and many national laws establish that the fees
charged may only be for the actual costs incurred by the public authority, such as the costprice of photocopying the document requested. ATI laws should establish that information
may be viewed free of charge; it is also the norm that where information is delivered
electronically, such as by e-mail, it be free of charge. Where charge fees for providing
information they should adhere to these standards. 86

Proactive transparency:
It is increasingly common to find that access to information laws contain provisions
requiring public bodies and private bodies to the extent that the law covers them to make
certain types of information available proactively, such as by posting the information on
websites or having printed reports available in the reception of the institution. Such proactive
transparency can be a source of very important information for anti-corruption activists. For
example, activities of the state with reference to public procurement can be made available
automatically (on the Internet and in the national gazette or similar publication), which means
that everyone has an equal opportunity to know about upcoming tenders and about contracts
that were awarded.87 Such measures are needed to overcome traditions of keeping businessrelated information secret, even where the so-called business secrecy relates to the

85
. http://www.studymode.com/essays/Right-To-Information-Act-419015.html
86
Right to Information and Good Governance by Rajbir Singh
87
http://www.isidelhi.org.in/hrnews/isidownload/Nhrc/Rti/RTI-2008.pdf
23

spending of the taxpayers money as part of public-private partnerships and service contracts.
88

Independent oversight is essential:

Experience has shown that where Information Commissioners or Ombudspersons handle the
implementation of access to information laws, they can make a positive contribution to
building a new culture of openness within a government. 89 Such officials should have
independence of mandate and budget and those appointed to the post should have relevant
experience and be selected by a public process, with an opportunity for civil society
organizations to make submissions related to the qualifications of the candidates.90

Oversight is also essential:

Bodies such as Information Commissioners and official persons do, however, need to be
monitored to determine their effectiveness in promoting implementation.91

CONCLUSION
RTI is efficacious machinery that can convey symbolic social benefits. It can furnish
substantial bedding to democracy and endorse good governance, by capacitating the citizens
endowment to latch on effectively and grip government officials accountable. Rather than
only catering information, RTI Act in most of the countries has conveyed to be an impressive
watchdog certifying all those coming in purview of the Act to work in congruence with
orders, rules and regulations, without any aberration. On the other hand, rigorous
implementation of this law craves only political will but also progressive civil societies, RTI
activists and some Democratic visages, such as reverence for the rule of law. Presently, the
RTI Act in India is passing through a determined juncture, much more needs to be done to
grease the wheels of growth and development. Common protest against the absence of
88
Right to Information and Good Governance by Rajbir Singh
89
Ibid at 68
90
http://www.isidelhi.org.in/hrnews/isidownload/Nhrc/Rti/RTI-2008.pdf
91
Ibid at 68
24

implementation of this law solo is inadequate; one needs to strengthen this leadership taken,
for the law to sprout in full bloom. The above analysis shows that while the position of the
RTI shows to be adequate in solitude, its communication with constitutional law doctrines
emblazons principled strains. One might lock horns that these doctrinal dilemmas are
examples of old wine in a new bottle and that they have left no stone unturned since time
age-old. However, given the rare nature of the RTI, the essential place it has come to immerse
and its broadening coverage, it would only be down to earth to draw to close that the RTI
management must find exclusive explanations to these age-old quandaries. One solution
might be to give a wide number of prudence to the Public Information Officers selected under
the Act. However, as our commentary has shown, that too can be precarious.

BIBLOGRAPHY
RTI : CHALLENGES TO IMPLIMENTATION F MALLARD DARYL
RTI APPLICATIONS AND DECISION MAKING CHRIS RILEY
SUCCESSFUL APPROACH TO RTI RAJAVARAN
RTI ACT IN INDIA FUTURE SHREYASKAR

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25

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second administrative reform commission, June, 2006.

4) Tracking the progress of right to information in 12 states, abridged version

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