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 un-
enumerated 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
(ii) 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.
 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 non-
confidential 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.