Introduction
The right to information means seeking information from the public officials, public bodies, or government officials relating to public issues and holding them accountable for their acts. The right to information was not originally in the Constitution, and it was read later on in Article 19 (freedom of speech and expression) by the Supreme Court of India. Today, these rights hold great significance in the democracy of India. After the electoral bonds case (Association for Democratic Reforms v. Union of India), wherein the Supreme Court has directed that political parties are bound to disclose their financial funding to the voters as they are voters and are entitled to know this under their right to information, this right has again become the topic of great debate and discussion.
Therefore, the present article aims to present before the readers the history of the Right to Information in India, the Right to Information Act, and also the importance of the Right to Information in a democratic society. Also, an analysis has been made with respect to the 2019 Amendment to the RTI Act.
What is the history of the Right to Information Act in India?
The right to information was not originally in the Constitution of India. There was an RTI movement in India wherein Mazdoor Kisan Skakti Sangathan, an organization, strongly forced the government to enact the Right to Information Act. This Act categorically recognizes the right to information as a fundamental right of the citizens under Article 19 of the Constitution. The Supreme Court has opined that for the effective exercise of the right to speech and expression, people must have sufficient information with them, and for that, their right to seek information from public officials must be recognized.
This Act defines who are public officials and authorities, what information may be sought, and within how much time that information has to be furnished.
Additionally, the apex court too has, at various instances, championed for the right to information. In 1975, in the case of State of UP v. Raj Narain (1975), the Supreme Court held that the right to information is recognized under Article 19 of the Constitution.
In SP Gupta v. President of India (11982), the Supreme Court observed that in a democracy, it is the right of the people to know about every public transaction and the reasons related to that.
Internationally, this right has been recognized since the establishment of the United Nations in 1946. This right has been recognized under the International Covenant for Civil and Political Rights under Article 19.
What is the importance of the right to information in a democracy?
- This right is a hallmark of democracy as it empowers the people.
- This right serves as an important right in exposing corruption in the government. Various instances of corruption have been exposed through this Act. For example, the coal scam and the CWG scam.
- This right has also been instrumental in serving transparency in the government. Every piece of information and decision taken by the government has to go through the scrutiny of the people. This right has also been used by the students to evaluate their answer copies when any public examination is conducted and determine the correctness of the evaluation.
- This creates a strong form of accountability for the people. A recent decision of the Supreme Court wherein it was held that political parties are bound to disclose their financial funding is a good example of that.
2019 Amendment to the RTI Act, 2005
The 2019 Amendment Act created a huge controversy relating to the transparent implementation of the Act.
According to the Amendment Act, the Chief Information Commissioner as well as the Information Commissioner (for both the center and state) shall hold office for such term as prescribed by the Central Government. Earlier, it was for only 5 years.
Also, the amendment made changes in the determination of salaries and allowances of the Chief Information Commissioner as well as the Information Commissioner (for both the center and state) shall be such as may be determined by the Central Government.
It is to be noted that the information commissioners and the Chief Information Commissioners exercise real power in the Act. These are the appellate and the second authorities in the Act and ultimately have the final say in the furnishing or non-furnishing of any information. Giving huge power to the central government in the working of these information commissioners and the Chief Information Commissioners definitely dilutes or vitiates the transparent provisions of the Act, and the amendment is rightly recognized.
How may this right be made more effective?
With the embrace of the following steps, this right may be made more effective:
- Furnishing information in local language—the right’s ambit may be enhanced if the information is furnished in the local language too.
- Enough publicity and awareness of the Act—in India, there is not so much public awareness of the Act. So that must be created.
- Make the political parties under the ambit of RTI. If political parties are also brought under the ambit of this Act, it will definitely be very fruitful for India’s democracy.
- Reduction of government control in the functioning of this Act—the governmental control must be reduced and the transparency in the Act must be promoted.
Conclusion
The recognition of the right to information as a fundamental right and the enactment of the Right to Information Act is definitely an important step in India’s democracy. It empowers citizens and holds the government accountable for its actions. However, the Parliament should not vitiate the provisions of this Act as it has tried to do with the 2019 RTI Amendment Act.
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