The biggest democracy in the world, India, was founded on the values of
openness, responsibility, and the rule of law. When knowledge is freely
exchanged, individuals are informed, and governments are held accountable,
democracies flourish. The Right to Information (RTI) Act of 2005, which is
applicable to India, is a potent tool that supports these principles and
strengthens the nation's democratic foundation. It serves as one of the pillars
of democracy. This law gives citizens greater access to government information,
making it a powerful instrument for fostering accountability and guaranteeing
the smooth operation of a healthy democracy.
In this blog, we will explore the significance of the Right to Information as a
cornerstone of democratic India.
The Birth of Right to Information
The Right to Information Act, 2005, is the result of the tireless work of
journalists, concerned individuals, and members of the civil society who
understood the importance of transparency in government. Prior to the passing of
this important legislation, obtaining government information was a
time-consuming and frequently fruitless endeavor. The public was frequently kept
in the dark, making it impossible for them to review government choices,
programmes, and actions. The RTI Act was created because of the realization that
this needed to change.
The Right to Information Bill was approved by the Lok Sabha on May 11, 2005, and
the Rajya Sabha on May 12, 2005. On June 15, 2005, the President of India gave
his assent, and the Right to Information Act, 2005 (22 of 2005) was signed into
The passage of the Right to Information (RTI) Act in 2005 marked a crucial
turning point in India's progress towards accountability and transparency. It
marked the end of a protracted and difficult battle for the right to obtain
information from the government.
Regardless of their social, economic, or political backgrounds, RTI gives the
average man the ability to hold the powerful accountable for their acts by
giving him the freedom to challenge them. The Right to Information Act, 2005 is
a tool used to govern this right, therefore without it, the right to access
information under Article 19(1)(a) and Article 21 of the Indian Constitution
would have been lacking.
India has a legal responsibility to properly protect the right to information in
accordance with the International Covenant on Civil and Political Rights (ICCPR)
because it is a signatory to the Covenant. More than 20 years before legislation
was finally passed, India received its first formal recognition of a legal Right
to Information when the Supreme Court of India ruled in State of Uttar
Pradesh Vs. Raj Narain
that the Right to Information is an implicit part of
the freedom of speech and expression that is expressly protected by Article
19(1)(a) of the Indian Constitution. The Court has since upheld this ruling in
other cases and even made a connection between the right to information and the
right to life guaranteed by Article 21 of the Constitution.
The National Right to Information Act, 2005, which had previously been enacted
with changes by the Lok Sabha and the Rajya Sabha, received the assent of
President Dr. A.P.J. Abdul Kalam on June 15, 2005. The Central Government and
State Governments now have 120 days to fully execute the Bill's provisions
following the President's approval. The Act was finally enacted on October 12,
2005. The Act applies to all municipal, state, and federal government entities
as well as some private organizations.
Judiciary and Right to Information
In India, the right to information has been said to be supported by the
judiciary. It has consistently advocated passionately for the values of openness
and responsiveness in all areas of government.
The right to information has its origins in the constitutional guarantee under
Article 19 (1), not the RTI Act of 2005, according to the Delhi High Court's
full bench in Secretary General Supreme Court of India v. Subash Chandra Agrawal.
The fundamental right protected by Article 19 (1) (a) of the Constitution, not
the freedom to information act, serves as the repository for that right.
The Ministry of Law and Justice ruled in Mukesh Kumar v. S. Chatterjee,
, Supreme Court of India, P.K. Sethi, Joint Secretary,
and AA Department of Justice that the selection procedure for judges of the
Supreme Court and High Courts is not required to be made public under the RTI
Act. A. N. Tiwari, the CIC in this instance, had noted that there was merit to
the claim that some processes are better carried out outside of the public eye
since doing so helps to foster sober analysis and mature reflection that are
unhindered by competing pressures and public criticism.
Key Provisions of the RTI Act
The RTI Act of 2005 contains several significant measures that give people the
right to request information from public authorities, such as government
agencies, ministries, and public sector enterprises, thereby fostering
transparency and accountability. It requires prompt responses and fair
The following are some of the act's major provisions:
The Power of RTI in Strengthening Democracy
Applicability: The RTI Act is applicable to all federal, state, and local government departments, agencies, and public sector organizations. This extensive reach makes it possible for citizens to request information from several departments of the government.
Time-Bound Responses: The act stipulates that public bodies must answer to information requests within 30 days, with the exception that information must be delivered within 48 hours in situations threatening life and liberty.
Reasonable Fees: The statute permits a small price to be assessed for requests for information, making it available to all residents. This charge is set up in a way that will not discourage people from looking for information.
Transparency in Governance: Through the RTI Act, citizens can learn more about how their government operates and makes choices. The transparency and accountability of government activities are improved by this access.
Challenges and the Way Forward:
- Empowering Citizens:
By enabling people to request information about government actions and decisions, the RTI Act encourages citizens to take an active part in the democratic process. This gives citizens the ability to hold public officials responsible for their conduct.
- Suppression of Corruption:
One of the RTI Act's most important effects is its success in revealing corruption and irregularities inside government agencies. Officials now operate more honestly out of fear of being held accountable by the public, which limits the potential for corruption.
- Improving Public Services:
By making government representatives more receptive to the needs and concerns of residents, the legislation has improved the delivery of public services. The law has started a series of events that give citizen happiness top priority.
- Promoting Good Governance:
The RTI Act has been a major proponent of effective government procedures. The provisions of the act mandated that government agencies keep accurate records and proactively disseminate information. As a result, the bureaucracy is now more effective and accountable.
- Strengthening Grassroots Democracy:
The RTI Act has a significant impact on grassroots democracy that extends beyond the national and state levels. Citizens have the authority to challenge local officials and oversee the execution of government plans and initiatives, ensuring that they are carried out successfully.
Although the RTI Act has been revolutionary, there are still some issues that
need to be resolved, such as worries about abuse and the demand for greater
transparency inside political parties. Here are a few of the difficulties:
RTI is occasionally abused, resulting in pointless or harmful requests that
burden public agencies. It can be difficult to strike a balance between openness
and preventing abuse.
Political Party Transparency:
Political parties are not covered by the RTI Act,
making it challenging to obtain important data on their operations, funding, and
decision-making procedures. Political parties are being called upon to be more
open and responsible.
Those who expose fraud or corruption in government
agencies frequently come under attack. To promote transparency, whistleblower
protections must be strengthened.
Implementation and Enforcement:
Proper implementation and enforcement are
essential to the act's success. The terms of the act continue to present
difficulties for some areas and government organizations.
Government and civil society must cooperate to overcome these issues and
guarantee the RTI Act's ongoing usefulness. Citizens must maintain vigilance and
carefully exercise their right to information.
The Right to Information Act was meant to promote social justice, openness, and
accountable government, but it hasn't fully fulfilled those goals due to several
roadblocks that were put in place because of systematic mistakes. According to
the Delhi High Court, misuse of the RTI Act must be appropriately addressed to
prevent the public from losing trust in this "sunshine Act."
The Right to Information Act is an effective instrument that supports India's
democracy. It gives citizens more authority, encourages openness, and makes
public officials answerable for their deeds. The RTI Act supports the nation's
overall growth and development by bolstering the democratic underpinnings.
It continues to be a crucial component of India's dynamic democracy, supporting
the principles of openness, responsibility, and participation of the populace.
As the world looks on, India's experience with the RTI Act serves as an example
and a source of inspiration for advancing democracy in the contemporary day.