Significance of Rti in Democracy": Project Report On
Significance of Rti in Democracy": Project Report On
Significance of Rti in Democracy": Project Report On
Project Report on
“SIGNIFICANCE
OF RTI IN
DEMOCRACY”
Submitted to : Submitted by :
Studies, 72/16
Panjab University
2
TABLE OF CASES
INDEX
Acknowledgement
It is not possible to prepare report without the
assistance and encouragement of other people.
INTRODUCTION1
“Where a society has chosen to accept democracy as its creedal faith, it is
elementary that the citizens ought to know what their government is doing.” –
Justice P N Bhagwati
India is a democratic republic state. Here the Government is of the people, by the
people and for the people. Therefore the people of our country have the right to
know about state affairs.
constitution and other policy and plan documents. A faceless citizen is now blessed
with a tool with the help of which he can now demand from the high and mighty in
the government to know the details of every action they take, professedly on behalf
of the people. The responsibility of ensuring that the RTI Act will deliver its
potential rests with us. In India, the RTI Act (The Right to Information) was passed
by the parliament in October 12, 2005, after passing bill by both the houses of
parliament. The Right to Information Bill, 2005 was passed by the Lok Sabha on
May 11, 2005 and by the Rajya Sabha on May 12, 2005 and received the assent of
the President of India on June 15, 2005 and came to force on October 12, 2005,
thus opening up the governance processes of our country to the public. The Right
to Information is implicitly guaranteed by the Constitution. The RTI Act is
considered to be the most revolutionary of all enactments in Independent India.
The right to information and the assurance of widespread citizen participation in
public affairs and an active civil society are essential for the full realization of
democracy. This law is very comprehensive and covers almost all matters of
governance and has the widest potential, being applicable to Government at all
levels- Union, State and Local as well as recipients of government grants. The RTI
Act, which if used sensibly and efficiently can take the country in the direction of
new democracy and good governance.
7
According to Section 2(j) of the Right to Information Act 2005 the term “right to
information” means the right to information accessible under the Act which is held
by or under the control of any public authority and powers under the Act include
the right to:
Facsimile Floppy,Disc
Suggestions,Press Record-Documents-
Reports,Papers,Sa
notes, Circulars,log Memos-E-mials-
mples,Data Opinions
books
2
Sridhar Madabhushi,RTI USE AND ABUSE,Allahabad Law Agency,1 st Edition,p10
8
4
http://aarf.asia/download.php?filename=vWNlCX6qdJWkOsL.pdf&new=
11
number of changes in the law and Right to Information Act, 2005 was enacted and
the Freedom of Information Act, 2002 was repealed. The Right to Information
Act, 2005 fully came into force since 12th October, 2005.
OBJECT OF RTI5
All citizens have a right to information. The question is as to why such a right is at
all needed to a citizen. The answer is there in the Preamble itself – to promote
transparency and accountability in the working of public authorities. Our
constitution has established a democratic Republic. Democracy is the vien in the
system of our governance. The very concept of democracy requires an informed
citizency and transparency of information. The entire administrative set up,
subject to however some exceptions, should be transparent. The subject has a right
to know what is going on in the system. That makes people at the helm of affairs
alert in the functioning. They must be aware that they are accountable for every of
their action to the citizens. It helps in containing corruption and acting in a
whimsical fashion.
The dream that inspired the founding fathers of Indian Constitution was the vision
of an Indian society in which fundamental guarantee is there of their welfare. The
welfare of the people is the crux of the Constitution, leaving behind the footprints
of oppression of weak and exposed.
In democracy abuse of authority is often seen. Sometimes the system to protect
becomes the instrument t of oppression. It is known that “power corrupts and
absolute power corrupts absolutely”. The administrators are often not able to on
guard to avoid the potential and insidious corrupting influence of power. It would
5
Deewans,The Right to Information Act,2005,Indian Law House Cannaught Place,New Delhi,Edition2010,p113
12
DEMOCRACY 6
It is obvious from the constitution that we have adopted a democratic form of
Government. Where a society has chosen to accept democracy there the citizen
ought to know what their government is doing. The citizens have a right to decide
by whom and by rules they shall be governed and they are entitled to call on those
who govern on their behalf to account for their conduct. No democratic
government can survive without accountability and the basic postulate of
accountability is that the people should have information about the functioning of
the government. It is only if the people know how the government is functioning
that they can fulfill the role which the democracy assigns to them and make
democracy a really effective participative democracy.
The citizens’ right to know the facts and truth is thus one of the pillars of a
democratic state. And that is why the demand for openness in the government is
increasingly growing in different parts of the world.
The demand for openness in the government is based principally on two reasons.
It is now widely accepted that the democracy does not consist merely in people
6
Ray Sinha SK,Right to Information Act,2005,Vinod Publications(P)Ltd,p2
13
exercising their franchise one in five years to choose their rules and once the vote
is cast, then retiring in passivity and not taking any interest in the government.
Today it is common ground that democracy has a more positive content and its
orchestration has to be continuous and pervasive. This means inter alia that people
should not only cast intelligent and rational votes but should exercise sound
judgment on the conduct of the government and the merits of public policies, so
that democracy does not remain merely a sporadic exercise in voting but becomes
a continuous process of government – an attitude and habit of mind. Bu this is
important role that people can fulfill in democracy only if it is an open
government where there is full access to information in regard to the functioning
of the government.
There is also in every democracy a certain amount of public suspicion and distrust
of government, varying of course from time to time according to its performance
which prompts people to insist upon maximum exposure of its functioning. It is
axiomatic that every action of the government must be actuated by public interest
but even so we find cases, though not many, where governmental action is taken
not for public good but for personal gain or other extraneous considerations.
Sometimes governmental action is influenced by political and other motivations
and pressures and at times, there are also instances of misuse or abuse of authority
over part of the executive. Now if secrecy were to be observed in the functioning
of government and the processes of government were to be kept hidden from
public scrutiny, it would tend to promote and encourage oppression, corruption
and misuse or abuse of authority, for it would all be shrouded in the veil of
secrecy without any public accountability. But if there is an open government with
means of information available to the public, there would be greater exposure of
the functioning of government and it would help to assure the people a better and
more efficient administration. There can be little doubt that exposure is surest
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means of achieving a clean and healthy administration. It has been truly said that
an open government is clean government and a powerful safeguard against
political and administrative aberration and inefficiency.
15
Preamble of the Constitution starts with ‘we the people of India’ having solemnly
resolved to constitute a democratic republic….and it gives to ourselves.’ It also
guarantees us many freedoms under Article 19 along with other fundamental
rights; one of them is freedom of SPEECH AND EXPRESSION. The preamble of
the Constitution read with Article 19(1)(a) guaranteed that liberty of thought
based on the freedom of speech and expression, which is an essential component
of the democratic governance. The genesis of freedom of information is the
thought and expression, therefore, right to information is an invisible integral part
of the right of free speech. Undoubtedly, the information is vital not only for the
life of society but also for the life of individual, therefore right to life and personal
liberty enshrined by Article 21 includes the basic right to be informed. To
understand the constitutional authority, we should have a detailed study of
democratic state, right to freedom of speech with its limitations, right to privacy
under the Constitution and judicial imperative, and authorities against whom such
rights are available(state).
7
Malik Pal Krishna, Right to Information and Protection to Whistle blowers,Allahabad Law Agency,2 nd Edition,p22
16
8
AIR 1982 SC 149
17
the way in which they are managed, tackled and administered by the
Government and its Functionaries.9
In another judgment in the same year, the Chief Justice of India, JUSTICE
AHMADI, held that in modern constitutional democracies, it is axiomatic that
citizens have a right to know about the affairs of the government which, have
been elected by them, seeks to formulate sound policies of governance aimed at
for their welfare. To ensure the continued participation of the people in the
democratic process, they must be kept informed of the vital decisions taken by
the government and the basis thereof.
In 2002, the Constitutional Bench of the Supreme Court headed by JUSTICE
M.B.SHAH, in one of its landmark judgment had taken one step ahead while
holding that the right to get information in democracy is recognized all
throughout and it is a natural right flowing from the concept of democracy.
In 2009, the Supreme Court held that democracy is a part of the basic structure
of our Constitution and rule of law and free and fair election are basic features of
democracy.
As far as LIMITATION OF INDIAN DEMOCRACY is concerned, the
Supreme Court has not yet declared it as absolute freedom but, way back in
1997, it observed that Indian Democracy means to disclose all the information
but also said that it is with limitation. The democracy expects openness and
openness is a concomitant of a free society. Sunlight is the best disinfectant. But
it is equally important to be alive to the dangers that lie ahead. It is important to
realize that undue popular pressure brought on decision makers can have
frightening side effects. If every action taken by the political or executive
functionary is transformed into a public controversy and made subject to inquiry
to soothe popular sentiments, it will undoubtedly have a chilling effect on the
9
In Re, Harijai Singh, AIR 1997 SC 73
18
independence of the decision maker who may find it safer not to take any
decision. It will paralyze the entire system and bring it to a grinding halt. So we
have two conflicting situations, almost enigmatic, and we think the answer is to
maintain a fine balance which would serve public interest. The Supreme Court in
Dinesh Trivedi V. Union of India10 held that however, like all other rights, right
to know has recognized certain limitations; it is by no means; absolute….
Implicit in this assertion is the proposition that in transaction which have serious
repercussions on public security, secrecy can legitimately be claimed because it
would them be in the public interest that such matters are not publicly disclosed
or disseminated.
law, or prevent the state from making any law, in so far as such law imposes
reasonable restrictions on the exercise of the right conferred by the said sub
clauses in the interests of:
The sovereignty and integrity of India
The security of the state
Friendly relations with foreign states
Public order
Decency or morality
In relation to contempt of court, defamation, or incitement to an offence
The Apex court further held that (Union of India v. Association for Democratic
Reforms11) the people of the country have a right to know every public act,
everything that is done in a public way by the public functionaries. Members of
Parliament or Member of Legislative Assembly are undoubtedly public
Functionaries. Public education is essential for the functioning of the process of
popular government and to assist the discovery of truth and strengthening the
capacity of an individual in participating in the decision making process. The
decision making process of a voter would include his right to know about public
functionaries who are required to be elected by him.
11
(2002) 5 SCC 294
20
Right to Know is a part and parcel of the right to freedom of speech and expression
under Article 19 of the Constitution, but the judiciary has given it more importance
than the other freedom, provided by Article 19, therefore, in some of the cases, the
court has emphasized on the right by interpreting it as part of ‘right to life’ under
Article 21.
In 1998, the Supreme Court held that right to know is a basic right to which
citizens of a free country aspire in the broader horizon of the right to live in this
age or our land under Article 21 of our Constitution. The Supreme Court observed
that ‘people at large have a right to know in order to be able to take part in a
participatory development in industrial life and democracy’. The court further held
that right has reached new dimensions and urgency and also emphasis on that the
right puts greater responsibility upon those who take upon the responsibility to
inform.
In 2002-03, the Supreme Court observed that the right to get information in
democracy is recognized everywhere and it is a natural right flowing from the
concept of democracy.
21
12
https://www.humanrightsinitiative.org/programs/ai/rti/articles/RTI%20Paper%20-
%202005%20Ombuds%20Conf.pdf
22
Apart from elections, access to information is vital to ensuring that the public can
engage with their representatives and the bureaucracy on an ongoing basis, and can
therefore more effectively participate in the development and implementation of
policies and activities purportedly designed for their benefit. Too often, members
of the public have difficulty finding out what the bureaucracy is doing and whether
it is doing it effectively. In fact, Ombudsmen are often on the frontline in
mediating such problems between the public and the bureaucracy. Access to
information laws can also be used to systematically address this problem. Most
commonly, in addition to allowing access to information upon request, most access
laws also specifically require proactive disclosure of information regarding public
consultations, regular open meetings of committees and councils and any other
opportunities for the public to participate in policy-making. Good access laws can
also provide a useful oversight and participation mechanism for non-Cabinet
parliamentarians and government watchdogs like Ombudsman, who themselves are
also sometimes left out of key policy and budget processes. Democracy and
national stability are also enhanced by policies of openness which engender greater
public trust in elected representatives. This is crucial ñ without the support and
trust of the people, government will be more likely to face resistance to proposed
policies and programs and implementation will be more difficult. Conflict also
becomes more likely, particularly if government secrecy exacerbates perceptions
of favouritisim and/or exclusion. Systems that encourage communication and give
people the ability to personally scrutinise government decision-making processes
reduce citizens’ feelings of powerlessness, and weaken perceptions of exclusion
from opportunity or unfair advantage of one group over another. It effectively
reduces the distance between government and people and combats feelings of
alienation.
23
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13
http://docs.manupatra.in/newsline/articles/Upload/AC9CD2C7-B8AD-4C5A-B910-3751BFE5CB28.pdf
27
CONCLUSION
RTI is a powerful tool which can provide strong support
to democracy and promote good governance by
empowering citizens to participate effectively and hold
government officials responsible. In fact, RTI must go
beyond providing information to serving as a watchdog
and ensuring that all those coming under the purview of
the Act work in consonance with rules and regulations.
Since the implementation of the RTI Act, it has
established itself as an important tool in handling
corruption and inefficiency in the Government. Although
there have been instances of misuse of the Act, but it has
served its purpose well. Issues and loopholes in RTI
should be removed through proper amendment to further
the objectives of transparency and accountability.
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BIBLIOGRAPHY
1. Deewans,The Right to Information Act,2005,Indian Law House Cannaught
Place,New Delhi,Edition2010
2. Malik Pal Krishna, Right to Information and Protection to Whistle
blowers,Allahabad Law Agency,2nd Edition
3. Ray Sinha SK,Right to Information Act,2005,Vinod Publications(P)Ltd
4. Sridhar Madabhushi,RTI USE AND ABUSE,Allahabad Law Agency,1st
Edition
WEBLIOGRAPHY
1. http://aarf.asia/download.php?filename=vWNlCX6qdJWkOsL.pdf&new=
2. https://blog.forumias.com/page/answered-discuss-salient-features-of-rti-act-
2005-what-are-various-issues-and-loopholes-in-rti-act
3. http://aarf.asia/download.php?filename=vWNlCX6qdJWkOsL.pdf&new=
4. http://docs.manupatra.in/newsline/articles/Upload/AC9CD2C7-B8AD-
4C5A-B910-3751BFE5CB28.pdf
29