• In order to promote, transparency and accountability in

administration, Parliament passed Right to Information Bill,

2004 on 15th June, 2005. The Right to Information Act 2005 (RTI)
is an Act of the Parliament of India to provide for setting out the
practical regime of right to information for citizens. The Act
applies to all States and Union Territories of India.
• Under the provisions of the Act, any citizen may request
information from a public authority (a body of Government or
instrumentality of State) which is required to reply expeditiously
or within thirty days.
• The Act also requires every public authority to computerize their records
for wide dissemination and to pro-actively publish certain categories of
information so that the citizens need minimum recourse to request for
information formally.
• The Right to Information Act, 2005 was introduced in the Lok Sabha on
23rd, December, 2004. The bill was subsequently passed by the House
on 11th May 2005, after adopting certain amendments. The bill was later
passed by the Rajya Sabha on 12th, May, 2005 and got the President’s
assent on 15th, June, 2005.
• Information disclosure in India was hitherto restricted by the Official
Secrets Act 1923 and various other special laws, which the new RTI Act
now relaxes.
• Historical Background
Information Rights have a long history of 246 years. World’s first Freedom
of Information Act was issued in Stockholm on Dec. 2nd, 1766. The
importance accorded to freedom of information can be assessed
internationally from the fact that the UN General Assembly, in its very
first session in 1946, adopted resolution 59 (1), which states, Freedom of
information is a fundamental human right and the touchstone for all
freedoms to which the United Nations is consecrated.
Universal declaration of human rights 1948 states Art. 19, Every one
shall have the right to freedom of expression which shall include
freedom to: Seek, receive and impart information; Regardless of
frontiers; Either orally, in writing or in print, etc. Article 13 of the UN
convention against corruption, adopted by UN’s General assembly on
31st, October, 2003 with following identities:
• Effective information access to public
•Undertaking public information activities contributing to non-tolerance
of corruption (including conducting public educational programs).
• Respecting promoting and protecting the freedom to, seek, receive,
publish and disseminate information in concerning corruption, as
important measures to be taken by government for ensuring the
participation of the society in governance.
• It has taken India 82 years to transition from an opaque system of
governance, legitimized by the colonial Official Secrets Act, to one
where citizens can demand the right to information. The enactment of
the Right to Information Act 2005 marks a significant shift for Indian
democracy, for the greater the access of citizens to information, the
greater will be the responsiveness of government to community
needs.
• Right to Information is derived from our fundamental right of freedom
of speech and expression under Article 19 of the Constitution. If we do
not have information on how our Government and Public Institutions
function, we cannot express any informed opinion on it.
• Democracy revolves around the basic idea of Citizens being at the
center of governance. And the freedom of the press is an essential
element for a democracy to function. It is thus obvious that the main
reason for a free press is to ensure that Citizens are informed. Thus it
clearly flows from this, that the Citizens Right To Know is paramount.
• The Act and its rules define a format for requisitioning information, a
time period within which information must be provided, a method of
giving the information, some charges for applying and some
exemptions of information which will not be given.
The Need for the Right to Information
• In recent years, there has been an almost unstoppable global trend
towards recognition of the right to information by countries,
intergovernmental organizations, civil society and the people. The
right to information has been recognized as a fundamental human
right, which upholds the inherent dignity of all human beings.
• The right to information forms the crucial underpinning of
participatory democracy - it is essential to ensure accountability and
good governance. The greater the access of the citizen to information,
the greater the responsiveness of government to community needs.
Alternatively, the more restrictions that are placed on access, the
greater will be the feelings of ‘powerlessness’ and ‘alienation’.
• Without information, people cannot adequately exercise their rights as
citizens or make informed choices. The free flow of information in
India remains severely restricted by three factors:
a. The legislative framework includes several pieces of restrictive
legislation, such as the Official Secrets Act, 1923;
b. The pervasive culture of secrecy and arrogance within the bureaucracy;
and
c. The low levels of literacy and rights awareness amongst India’s people.
• The primary power of RTI is the fact that it empowers individual
Citizens to requisition information. Hence without necessarily forming
pressure groups or associations, it puts power directly into the hands
of the foundation of democracy- the Citizen.
• Framework
• Disclosure of State information in British India was (and is) governed from
1889 by the Official Secrets Act. This law secures information related to
security of the State, sovereignty of the country and friendly relations
with foreign states and contains provisions which prohibit disclosure of
non-classified information. Civil Service conduct rules and the Indian
Evidence Act impose further restrictions on government officials’ powers
to disclose information to the public.