WHAT IS 'RIGHT TO INFORMATION ACT' OF INDIA? DISCUSS THE IMPORTANCE OF RIGHT TO INFORMATION ACT FOR GOOD GOVERNANCE IN INDIA

Notes/Assignments

1. SEMESTER-I


DL01 – Knowledge Society
ASSIGNMENT – A1






WHAT IS 'RIGHT TO INFORMATION ACT' OF INDIA? DISCUSS THE
IMPORTANCE OF RIGHT TO INFORMATION ACT FOR GOOD
GOVERNANCE IN INDIA.




By Shweta Ravindra Bhavsar
Roll No - (2019PGDLIM020)
(2019-2020)



Centre for Library and Information Management Studies
Sir Dorabji Tata Memorial Library
Tata Institute of Social Sciences, Mumbai

2. TABLE OF CONTENTS


1. INTRODUCTION ........................................................................................................................................ 1
1.1 Terminology ........................................................................................................................................ 2
1.2 History ................................................................................................................................................... 2
1.3 Objectives of RTI ................................................................................................................................ 2
1.4 Need of RTI .......................................................................................................................................... 3
1.5 Features of RTI ................................................................................................................................... 3
1.6 Problems of implementing RTI ....................................................................................................... 4
1.7 Exempted departments from RTI Act ........................................................................................... 4
1.8 How to apply ........................................................................................................................................ 4
1.9 Example ................................................................................................................................................ 4
2. IMPORTANCE OF RTI ACT FOR GOOD GOVERNANCE IN INDIA ............................................... 5
3. CONCLUSION ............................................................................................................................................ 7
REFERENCES ................................................................................................................................................ 7

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1. Write a detailed note on the role of National Knowledge Commission for public library
development in India.
2. What is 'Right to Information Act' of India? Discuss the importance of Right to Information
Act for good governance in India.

2. What is 'Right to Information Act' of India? Discuss the importance of Right to
Information Act for good governance in India.
Answer
1. INTRODUCTION
India is a democratic country therefore Indian people have the right to know about state
affairs. Freedom of information helps to reduce corruption and develop good governance.
Before Central Right To Information Act in 2005 it was impossible for layman to know
information by a public authority. It is been 14 years of Right To Information act. RTI comes
under The Department of Personnel and Training (DoPT). According to “Section- 3” Right
to Information is a legal right of every Indian citizen. Also, few states of India have their
own RTI Act. Detail action of government and non-government organizations, private bodies
is provided by RTI Act. But there are confidential information which RTI do not allow citizens
to get access for the national security purpose. The India ranks 80
th
among 180 countries
in 2019 according to Corruption Perceptions Index. “Every year Indian citizens from across
the country are filing 40 to 60 lakh RTI applications. In April 1996, Tamil Nadu became the
first state to introduce RTI act in their own state. In Maharashtra number of pending cases
of RTI are 46,000 till 31
st
March 2019”(Bhatnagar, 2019). Every year RTI week is
celebrated between 5
th
to 12
th
October. Official website of RTI is https://rtionline.gov.in/
Citizens can ask and give their suggestions/feedbacks on 011-24622461 number and
email address is [email protected].
“Online Portal of RTI of Central Government” (RTI Online: Home, n.d.)

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1.1 Terminology

Information : (FAQ | Department of Personnel & Training, n.d.) According to RTI
“Information means any material in any form, including records, documents, memos, e-
mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports,
papers, samples, models, data material held in any electronic form and 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 Information Officer : (FAQ | Department of Personnel & Training, n.d.) “Public
authorities have designated some of its officers as Public Information Officer. They are
responsible to give information to a person who seeks information under the RTI Act.”
(FAQ | Department of Personnel & Training, n.d.) 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.
1.2 History

Mazdoor Kisan Shakti Sangathana (MKSS) initiated the movement in village to bring
transparency in his village, then government got motivated by his action and started many
initiatives. Freedom of Information Act,2002 (FOI) did not fulfil the expectation of public thus
“The National Advisory Committee” (NAC) & others suggested and made changes in the
law and Right to Information Act was enacted in 2005. The RTI bill was introduced in
parliament on 11
th
May 2005 by Dr. Manmohan Singh Prime Minister of India. And came
fully into force on 12 October 2005 with 150 amendments. RTI Act updated time to time
on 2012,2015 and in recent, The Right To Information (Amendment) Bill, 2019 passed by
both the houses of parliament. Several states had already enacted their own RTI Act,
including Jammu and Kashmir (2004), Assam (2002), Madhya Pradesh (2003), Maharashtra
(2002), Delhi (2001), Karnataka (2000), Rajasthan (2000), Goa (1997), Tamil Nadu (1997).
After implementing Article 370 in Jammu and Kashmir, RTI Act,2005 is applicable in this
state.
1.3 Objectives of RTI

• To promote Accountability and Transparency in public authority also fulfil the
objective of democracy.
• To secure access to information and make information available to all.

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• To increase awareness among citizens and improve their decision-making process.
• To eradicate corruption.
• To empower people.
1.4 Need of RTI

Right To Information helping to fulfil Transparency, Participation, Accountability and
Predictability which are the main four elements of good governance. Before RTI good citizen
had no legal right to know about the process of policy framing, execution of different
schemes, bench-mark of goods and services. People also ask for copies of documents,
sample used at work sites, etc. Before the RTI Act enforced only members of Parliament
had right of seeking information. Because of RTI the openness about information helping
common people especially rural area to develop and come forward. RTI helping to reduce
corruption which is harming our country.
1.5 Features of RTI

• Public Information Officer (PIO) should be appointed by every government department.
• Every citizen has right to information, RTI provides different modes of information in
different forms such as contract sample, circular, record, press release document,
electronic data email, etc.
• Every Government, Non-government, Ministries, Panchayat, Municipal corporations,
private bodies also the bodies funded by the government also called as “Public
authorities” has to provide information filed by RTI Act.
• Official Secret Act - Section 5 helps to easy retrieval of official information excluding
exempted information as mentioned in RTI Act.
• If the citizens directly made request to PIO then reply should be given within 30 days if it
is made through APIO (Assistant Public Information Officer) then 35 days is the limit after
receiving receipt.
• If the case is related to Life and Liberty then citizen can get information within 48 hours
after filing the request.
• If you are not satisfied with the answer then you can appeal with PIO.
• If the information is not provided by the concern authority within time limit then after that
charges per day is Rs. 250/- but should not exceed Rs. 25,000 for 100 days.
• Courts does not get involved in the order made under the RTI Act.
• Central Information Commission (CIC) and State Information Commission (SIC) these
are two bodies governed RTI Act and needs to provide annual report card of RTI Act.

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1.6 Problems of implementing RTI

Citizen faces lack of assistance from PIO for drafting RTI applications however it is expected
PIO to assist citizens under section5(3). Also, the PIOs are not well-trained. Records are
not properly maintained in India which delays the process of RTI applications. Illiteracy,
lacking of effective IT infrastructure and less use of IT, poverty, less monitoring are
major issues while implementing RTI effectively. States are having their own different rules
especially in terms of cost and fees, applying for RTI. RTI offices receives more personal
queries, mostly which are not of related public interest and not helping people to develop.
People also faces the harassment form officials for filling the RTI. Compare to urban
people citizens of rural area faces the more problems while filing complaints.
1.7 Exempted departments from RTI Act

Country’s intelligence and defence departments such as BSF, RAW, CISF, Intelligence
Bureau, CRPF, National Security Guard are exempted from RTI for the national security
purpose. Also trade secrets, patents, IPR, information which will harm investigation
process, life of a person, fiduciary relationship etc are exempted from RTI.
1.8 How to apply

Offline (handwritten or typed) and Online (on official and various independent websites)
these are the methods by which Citizen can apply for the RTI. Citizens can send this
application to PIO of the concern department. The preferred languages are English, Hindi
and State’s Official language. Fill the personal details properly and keep a proof of applied
application form. In case of offline application citizen can send it via registered post and can
directly submit to the PIO. Illiterate person can ask PIO to write on behalf of them. Postal
department has appointed many APIO who receive and forward application to PIO. Rs. 10
is the fee for applying RTI in Maharashtra citizen can pay through Internet Banking, Credit
Card and Debit Card in online RTI filing and for offline they can pay by cash, Demand Draft,
court fee stamp, money order etc. In case of requirement of further fees, concern
person/officer has to provide receipt with details. Citizen belongs to BLP are exempted from
fees.
1.9 Example
Citizens can solve their personal problems by applying RTI and asking status of their
pending Income Tax return, Delayed IRCTC Refund, PF Transfer, Aadhar card, Passport,
also ask for FIR status, etc. Social problems like audit reports of government projects, fund
allocation, information about schemes and projects, etc.

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2. IMPORTANCE OF RTI ACT FOR GOOD GOVERNANCE IN INDIA
Right To Information make people aware of administration and allow people to be part of
decision-making process and promote democracy. RTI Act promotes transparency
accountability, reduces corruption there are main signs of good governance.(“Good
governance,” 2020) Governance is "the process of decision-making and the process by
which decisions are implemented (or not implemented)". Governance in this context can
apply to corporate, international, national, or local governance as well as the interactions
between other sectors of society. Importantly this saves the time of citizens.
Importance of RTI Act for Good Governance. (Neha & Kumar, 2015)
Empowerment of the common man
Before enactment of RTI act, citizens had no legal act for obtaining information from
government, only Members of Parliament had right for seeking information. But after
implementation of RTI Act layman can seek information from public authorities and
empowering every citizens of India to take part in decision-making, directly and indirectly
helping government to develop. Citizen have full right to know about everything. Also, the
government cannot deny to give the information to the people. RTI Act in increasing
participation of people.
Easy accessibility to information
Citizen can easily apply and get access of the public authority’s documents, policies,
finance, services, records, etc. Easy access to information is a fundamental right of citizen
and RTI is supporting this right. Awareness of using information at right place and at right
time has increased. Every person is aware of government’s day-today-day activities. Easy
accessibility of information helped to reduce the gap between government and citizens.

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Public participation
Good governance includes participation of both men and women. The public participation in
Right to Information acts, providing tool to fight for their rights and oppose injustice. Citizens
participation is core part of the RTI act. Citizens can influence development, make economic
and political choices. Before RTI Act, people had no way to participate in administrative
activities.
Protection of Information
RTI act considerate the secure access to the information. RTI Act do not disclosed the
applicant’s identity to third party. Also, several departments are not bound to provide
information under RTI act for the safety purpose of nation. Not, allowing people to misuse
of their right.
Tackling Corruption
RTI’s practices preventing official by misusing their powers. Restrict the allocation of funds
for the private purpose. In 2005, India’s rank in Corruption Perceptions Index was 88
th
and
now improved to the rank 80
th
. RTI act is playing major role in tackling corruption.
Ensures transparency
Transparency is the cornerstone of good governance. RTI enable transparency in every
department of government. General people can openly access the information about
administration, about their past and future plans. If the complaint is related to violation of
human rights then people can seek the information from exempted departments. The RTI
act is intended to make the process of government decision making more open.
Ensures accountability
RTI act promotes and brings accountability without this it is impossible to track development.
Officials and political need to maintain accountability of their actions, use of public resources
and performances. Officials have to leave the position and authority if they fail to maintain
accountability. Accountability helps to bring transparency and reduces corruption.
Equitable Economic Growth
RTI act is not biased towards anyone in the society. RTI act treats everyone equally, not
excluded rich as well as poor people. It always fights against inhuman activity, inequality
and injustice. Everyone can take benefit of information available in the society and can grow
in every direction, this directly and indirectly helps nation to develop.

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3. CONCLUSION

Right To Information is one of the powerful law of the country and catalyst of good
governance between citizen and government. Promoting ideology of democracy. As Dr.
Manmohan Singh Prime Minister of India concluded in his Speech in Parliament on May 11,
2005. (Singh, 2005) “I believe that the passage of this Bill will see the dawn of a new era in
our processes of governance, an era of performance and efficiency, an ear which will ensure
that benefits of growth flow to all sections of our people, an era which will eliminate the
scourge of corruption, an era which will bring the common man’s concern to the heart of all
processes of governance, an era which will truly fulfill the hopes of the founding fathers of
our Republic.”
REFERENCES

1. Arora, G. (2016). Right To Information Act: A Tool For Good Governance. International
Journal of Advance Research and Innovative Ideas in Education, 2(1), 890-897. Retrieved
from
http://ijariie.com/AdminUploadPdf/Right_To_Information_Act__A_Tool_For_Good_Govern
ance_ijariie6909.pdf

2. FAQ | Department of Personnel & Training. (n.d.). Retrieved February 16, 2020, from
https://dopt.gov.in/employees-corner/faq

3.Good governance. (2020). In Wikipedia.
https://en.wikipedia.org/w/index.php?title=Good_governance&oldid=939827752

4. RTI “Report Card” Laments Pending Cases, Vacancies in Information Commissions.
(n.d.). The Wire. Retrieved February 16, 2020, from https://thewire.in/rights/rti-information-
commissions-vacancies-pending-cases

5. Laskar, S. M. (2016). Importance of right to information for good Governance in India.
Bharati Law Review,216-229. Retrieved from
http://docs.manupatra.in/newsline/articles/Upload/AC9CD2C7-B8AD-4C5A-B910-
3751BFE5CB28.pdf

6. Neha & Kumar, M. (2015). Significance of RTI act to ensure good governance in India.
International Research Journal of Marketing And Economics,2(6), 11-25. ISSN: (2349-
0314)
7. Singh,M. (2005). PM's intervention in the Lok Sabha on the right to information bill
debate [Transcript]. Retrieved from https://archivepmo.nic.in/drmanmohansingh/speech-
details.php?nodeid=118
8. RTI Online: Home. (n.d.). Retrieved February 17, 2020, from https://rtionline.gov.in/
*Official Link - The Right To Information Act, 2005 by Ministry Of Law And Justice
https://rti.gov.in/rti-act.pdf