A CRITICAL EVALUATION OF RIGHT TO INFORMATION ACT 2005:

PROBLEMS AND CHALLENGES IN ITS ENFORCEMENT

Submitted by:

Shreha Shah 190401417036

Hiranmayi Rajeev 190401417011

Shelika 190401417051

BA LLB (HONS.)

2019-24

Course Teacher: Prof. Devaiah N G

Alliance School of Law

Alliance University, Bengaluru
25/04/2021
 DECLARATION

I declare that the paper entitled "A CRITICAL EVALUATION OF RIGHT TO

INFORMATION ACT 2005: PROBLEMS AND CHALLENGES IN ITS ENFORCEMENT "
has been prepared by me and it is the original work carried out by me for the fulfillment of the
requirements of B.A., LL.B (Hons.) degree program of School of Law, Alliance University.
No part of this seminar paper has already formed the basis for any examination/evaluation
requirement of any degree.

Signature and Name of the Student:

SHREHA SHAH

Registration Number: 190401417036

I declare that the paper entitled "A CRITICAL EVALUATION OF RIGHT TO
INFORMATION ACT 2005: PROBLEMS AND CHALLENGES IN ITS ENFORCEMENT "
has been prepared by me and it is the original work carried out by me for the fulfillment of the
requirements of B.A., LL.B (Hons.) degree program of School of Law, Alliance University. No
part of this seminar paper has already formed the basis for any examination/evaluation
requirement of any degree.

Signature and Name of the Student

HIRANMAYI RAJEEV

Registration Number: 190401417011

I declare that the paper "A CRITICAL EVALUATION OF RIGHT TO INFORMATION ACT
2005: PROBLEMS AND CHALLENGES IN ITS ENFORCEMENT " has been prepared by
me and it is the original work carried out by me for the fulfillment of the requirements of B.A.,
LL.B (Hons.) degree program of School of Law, Alliance University. No part of this seminar
paper has already formed the basis for any examination/evaluation requirement of any degree.

Signature and Name of the student

SHELIKA LALLER

Registration Number: 190401417051

Batch:
2019-2024

School of Law

Alliance University, Bengaluru.

Date: 25/04/2021
 ABSTRACT

In order for a nation to progress, knowledge, and freedom of access play a critical role.
Accountability and openness of government are important for a nation like India, which is one of
the world's largest democracies. To do this, the people of the country should have access to
information as a privilege. It is the government's duty. As a result, Article 19 of the Indian
constitution deals with the defense of certain rights of all people. Article 19 (1) (a) deals with
freedom of expression and voice. It has little value unless and until it provides access to
information. As a result of this post, the right to know was created to make information more
available. Even if it is accepted as a constitutional right, we need a mechanism through which we
may exercise it, necessitating the passage of legislation. As a result, India passed the Right to
Information Act in 2005.

To make the RTI Act more practical, it must implement a single-window clearance scheme
involving the hiring of officers and personnel to expedite the procedure and obtain evidence.
Furthermore, the government should take a strong interest in safeguarding the rights of
whistleblowers and activists.

RTI should be seen as the ultimate instrument for the public to make rational decisions that will
aid in the re-imagination of the future and the construction of a sustainable world. This research
paper will be focusing on three particular objectives, firstly to recommend how to effectively
enforce the Right to Information Act of 2005, then to examine the qualitative shift in citizens'
attitudes as a result of the passage of the Right to Information Act of 2005, lastly to raise public
consciousness of the Right to Information Act of 2005.

The methods used for this paper to come together are mainly from secondary resources such as
articles, online books and websites which provides various dissertations
Keyword: constitution, RTI Act 2005, POI, ICR, freedom of speech, the people.

TABLE OF CONTENTS

1. Introduction
1.1 Introduction ----------------------------------------------------------------------------------01
1.2 Research Question --------------------------------------------------------------------------02
1.3 Literature Review ---------------------------------------------------------------------------02
1.4 Scope and Objectives -----------------------------------------------------------------------04
1.5 Research Methodology ---------------------------------------------------------------------05
1.6 Hypothesis -----------------------------------------------------------------------------------05
2. Analysis of RTI Act 2005----------------------------------------------------------07
2.1 When did the Right to Information Act Become a Law? ------------------------------08
2.2 What Does Information Mean? ------------------------------------------------------------10
3. Right to Information under Indian Constitution and other Legislative
Provisions-----------------------------------------------------------------------------12
3.1 Ambiguity and Obstacles ----------------------------------------------------------------------14
4. Role of Government and Judicial Approach for the Better
Implementation of RTI Act -------------------------------------------------------15
4.1 Role of Central Information Commission-------------------------------------------------16
4.2 Role of Judiciary------------------------------------------------------------------------------17
5. Conclusion ----------------------------------------------------------------------------21
6. References-----------------------------------------------------------------------------23
 1. INTRODUCTION

1.1 Introduction

“The right to information or Access to information is basic to the democratic way of life. In
Act, real democracy cannot function without a free and unfettered exercise of this right.”
-justice Bhagwati
At the moment, the focus in democratic countries is on transparent government. People's
participation in government is seen as an important feature of democracy, and people cannot
participate until they have access to information. A liberal democratic democracy that is
accountable to its people. Citizens have a right to know what policies and services the
government is implementing, as well as how and why they are being implemented. Good
government requires accountability, transparency, and involvement. Transparency refers to
the provision of information in readily readable formats. It should be publicly open and fully
applicable to those who will be impacted by governance policies and practices, as well as the
results of those policies and practices.
In a democracy, the more facts available, the more sensitive the government is. The
fundamental rights to access to information and freedom of speech have been recognised. It's
important for finding the facts and ensuring accountability. The amount of time it took to
complete

To reform the mentality of government officials and build infrastructure, it was insufficient
to operationalize the act. The RTI Act of 2005 was enacted with the primary goal of
harmonizing public priorities, that is, ensuring transparency in order to increase openness and
reduce corruption.
In the one side, guarantee that the disclosure of records does not harm or negatively impact
other public interests, such as the effective running of governments, in practice. The RTI Act
of 2005 is a part of India's fundamental rights, as specified by Article 19(1) of the Indian

1
 Constitution. It enables people to understand their rights to those benefits public service and,
where any, remedy any grievances. It also requires the freedom to be heard and consumer
education, or awareness of his rights. It is founded on the principles of inclusive, open, and
responsible government.
Public officials may also be sued under the RTI Act of 2005 questioned on their actions and
thereby held accountable. It's also crucial for ensuring that the poorest people have a say in
the policies that shape their life on a local level (Pathlavath, 2016). This will be supported by
RTI. Any public authority in the country will be subject to this act's jurisdiction. Both the
state and the federal government have enacted or intend to implement certain legislation in
states that have either passed or plan to pass them.
Central Acts will coexist, allowing people to make their own decisions.

1.2 Research Question

To examine the difficulties and mental harassment confronted by government officials due to
lack of knowledge about RTI Act 2005 among the people.

1.3 Literature Review

1. Sathe S. P, 2006 Right to Information1

Sathe S. P. has introduced a clear and insightful discourse on Right to Information Act,
2005. He has followed the historical backdrop of this enactment and furthermore the
advancement of the privilege to data as an established right. He has additionally clarified
the regulatory cycle included in the execution of this demonstration. He has zeroed in on
the legal choices on the privilege and the issues that may be confronted while carrying
out the Act.

1
Sathe S. P, Right to Information (1st ed., Lexis Nexis Butterworths, New Delhi, 2006)

2
 2. Lekhi Meenakshi, 2010 Rulings That Mattered2
Lekhi Meenakshi an attorney records three decisions that changed India, for example RTI
and Divulgence of Assets, Article 377 and The Right to Food. She says a spate of trick is
ruling the public talk. Considering this scenery, People’s Union for Civil Liberties
(PUCL) versus Association of India (RTI and Disclosure of Assets 2003) is a milestone
judgment which held that the citizens reserved the option to know resources of the
applicants challenging decisions in India as a component of Article 19.

3. Pandey Ajay, 2004 The Right to Information - Aspirations and The Act3
Pandey Ajay has described yearnings of the Right to Information Act which has brought
responsibility and straightforwardness among government associations. The creator
expresses that the Act should be revised to eliminate outlandish arrangements just as to
incorporate vital arrangements. The Act in its current structure is equipped for
disappointing the goals of good administration.

4. Nigam Shalu, 2006 Right to Information – An effective tool for empowerment, legal news
and views, A Social Action Trust Publication4

2
Lekhi Meenakshi, Rulings That Mattered. Times Life, Times of India, Mumbai, December 26,
2010. [Article]

3
Pandey Ajay, The Right to Information - Aspirations and the Act, Legal News and Views, (Vol.
18 No. 19. A Social Action Trust Publication, New Delhi, 2004)

4
Nigam Shalu, Right to Information: An effective tool for empowerment, legal news and views,
(2006, Vol. 20 No.1, A Social Action Trust Publication, New Delhi, January)

3
 Nigam Shalu discloses that the Right to Information Act is a start of new time in our
country giving Right to get to data from public specialists by residents. It gives the
enforceable option to address, look at, review, survey and access government acts and
choices to guarantee that these are predictable with the standards of public interest,
integrity and equity. The act advances receptiveness, straightforwardness and
responsibility in organization by making the government more open to public security.

1.4 Scope and Objectives

The aim of this research is to look at the Right to Information Act of 2005, as well as the
problems and difficulties that come with its enforcement.
1. The key goal of this research is to recommend how to effectively enforce the Right to
Information Act of 2005.
2. To examine the qualitative shift in citizens' attitudes as a result of the passage of the Right to
Information Act of 2005.
3. To raise public consciousness of the Right to Information Act of 2005.

1.5 Research Methodology

The methods that will be used in order to complete this research paper is by using secondary
resources such as the internet and multiple of articles. Due to the current pandemic situation a

4
real life, hand on hand data collection is impossible hence why this paper is going to be based on
the already existing data collected

1.6 Hypothesis

Without a question, parliament passed the Right to Information Act with the aim of increasing
clarity, openness, and accountability of government operations. The Right to Information Act is a
vital instrument in the hands of any person who wants to keep an eye on the work of government
officials. However, there are a host of issues and challenges that must be addressed in order for it
to be implemented effectively. As a result, for the purposes of this analysis, the following
argument is proposed:

1. It is hypothesized that the right to information is essential for the exercising of all other rights
and is beneficial in protecting their legal and civil rights.

2. The law's successful enforcement is hampered by a lack of basic resources and an inadequate
record-keeping system.

3. Public officials' mindsets and abuses of discretionary authority can obstruct the law's effective
enforcement.

4. The central/state government's position in assisting public authorities in implementing the

Right to Information Act is insufficient.

5. It is a very effective weapon for ordinary citizens and civic progressives to combat corruption
and exert more influence over officials in different government departments and agencies.

6. The information collected by public authorities is of poor quality.

5
 2. ANALYSIS OF RIGHT TO INFORMATION ACT 2005

India is regarded as the world's biggest democracy. Transparency, openness, and responsibility
are fundamental features of every political system. Since public officials or regulatory authorities

6
in India have broad executive powers, legislatures and the general public are concerned that this
could lead to abuse of authority, resulting in maladministration and corruption. For this reason,
the ordinary citizens of the country should have the freedom to access records about elected
representatives' behavior or actions, allowing the check and balance mechanism to function
properly. As a result, the concept of the right to information has arisen. The right to know refers
to the public's ability to engage in government by gaining access to information kept by
administrative or public bodies about the functions they perform for the public good.

The right of a person to know facts about a public act committed by public bodies is not only a
constitutional right but also a human right. It is important for good governance because it makes
government authorities more transparent and accountable to the general public. Administrative
law may be described as "a subset of public law that deals with the operations undertaken by
administrative authorities," and Right to Information empowers the public to access information
kept by public authorities.

The current situation necessitates the right to know because it aids in maintaining integrity and
openness in government service. It contributes to the creation of a situation in which the general
public may obtain information about government actions, plans, Yojanas 5, programs, and other
initiatives, thus improving the government's responsiveness to society.

It took about 80 years for India's Right to Know Act 6 to turn a filthy system of authority, backed
by the "colonial officials secrets act," into a place where people would claim the "right to truth."
With the latest passage of the "Right to Information Act, 2005," India has a sense of pride in
being the world's biggest democracy. India has also developed into a strong democracy. The
extraordinary change in Indian democracy, with citizens having more access to knowledge. The
5
There are approximately 6 'Core of Core Schemes' and 28 'Core Sector Schemes' on the list. In this post, we've
assembled a rundown of the Modi government's major centrally funded schemes.
6
Wikipedia, ‘Right to Information Act, 2005’ (2019) <
https://en.wikipedia.org/wiki/Right_to_Information_Act,_2005#:~:text=Right%20to%20Information%20(RTI)
%20is,regarding%20citizens'%20right%20to%20information.&text=The%20RTI%20Bill%20was%20passed,effect
%20from%2012%20October%202005.>

7
government has largely funded its "core priority on openness and responsibility in relation to
public bodies." The right to information is protected by the constitution, and it is enacted by
Article 19 (1)(a), which refers to the "fundamental rights of freedom of speech and expression."

This Act is very important for all, as a result of which our elected leaders and public agencies
have collected intelligence and are working on it. It established the right of any Indian citizen to
have access to or influence over financial information held by any government authority, and it
placed responsibility on the authority to use the information efficiently without engaging in any
unethical activities.

2.1 When did the Right to Information Act become a Law?

In May 2005, both houses of Parliament passed the RTI Act, which obtained the President's
assent on June 15, 2005. RTI became fully effective on October 12, 2005, 120 days after it was
enacted. With the passage of the RTI Act in 2005, all people of India now have the freedom to
request information from government agencies. The Plan seeks to “set down the practical
regime of right to information for citizens to secure access to information under the control of
public authorities, to encourage accountability and transparency in the working of a public
authority, the establishment of a Central Information Commission and State Information
Commissions, and for matters connected with or related thereto.” 7 The Act is divided into six
sections: ‘Preliminary,' ‘Right to Information and Public Authority Obligation,' ‘The Central
Information Commission,' ‘The State Information Commission,' ‘Power and Function of the
Information Commission, Appeals and Penalties,' and ‘Miscellaneous.'

The Department of Personnel and Training (DoPT), which is the nodal ministry for enforcing the
RTI Act of 2005, has released a list of frequently asked questions 8 on the subject. The Right to
Information Act of 2005 ensures a harmonious relationship between citizens and their
government. Previously, as a crisis occurred, public officers were superior-oriented rather than

7
The Gazatte of India, ‘Ministry of Law and Justice’ (2005) <https://rti.gov.in/rti-act.pdf>
8
FAQ

8
service-oriented because their services were not subject to checks. The RTI Act, on the other
hand, provides a straitjacket option for elected officials to return to a service-oriented mindset.
Citizens now have the freedom to obtain information from public officials under the RTI Act,
which instills a fear of being exposed in the minds of public servants, resulting in a shift in
public officers' attitudes about their roles and obligations. The Right to Information Act of 2005
plays an important role in good governance because it aids in government transparency and
efficiency. The act creates a framework for the people to obtain records from government
agencies. Any regulatory decision or quasi-judicial opinion made by any public authority
requires meticulous documentation. The general public, as well as impacted individuals, will
obtain this information from government offices and at any time. Citizens' interest in the
decision-making process is also valued by Act. NGOs, cooperatives, institutions, and the general
public have the right to receive information about the government's various yojanas, plans,
projects, and distribution of services and funds in rural and urban areas. The institution gains an
understanding of the problem in society and its remedies with the aid of certain data from NGOs
and social service organizations. The act helps in the reduction of graft in public offices; today,
public officers are not using the fund for personal gain and are not abusing their public authority.

2.2 What Does Information Mean?

The RTI Act of 2005, Section 2(f), describes details as follows:

Any content in any form is considered information. Which contains all electronic notes,
correspondence, memos, e-mails, comments, advice, press releases, circulars, directives,
logbooks, contracts, accounts, journals, samples, templates, and data content. It also provides
information on any private body that can be used by the government under any legislation
currently in effect.

9
The above meaning of the word "information" led us to the definition of "public authority,"
which is defined as a government entity that is required to supply information. The response can
be found in Section 2(h) of the RTI Act of 2005, which states that the word "public authority" is
described as follows:

Any jurisdiction, entity, or agency of self-government formed or constituted is referred to as a

"public authority."

(a) in accordance with or pursuant to the Constitution; [for example, the President, Governors,
Parliament, and so on]

(b) or every other legislation passed by Parliament; [for example, the Reserve Bank of India, the
Central Unemployment Insurance Corporation]

(c) by every other State Legislature-enacted law; [State Universities, State Commissions, and so
on]

The right to transparency is a tool in citizens' hands to learn about the activities undertaken by
public bodies, the purpose of public transactions ostensibly carried out in the name of the public
act and the source of funds used to carry out those functions. Since it is considered one of the
human rights within the purview of Article 19(1), the right to know existed prior to the passage
of the Right to Information Act, 2005. (a). This right promotes openness and responsibility in the
performance of public functions. While the right to know is regarded as a step forward in India,
it has a number of flaws that need to be addressed.

10
 3. RIGHT TO INFORMATION UNDER INDIAN CONSTITUTION

In India, the right to knowledge movement started with the Mazdoor Kisan Shakti Sangathan
(MKSS) movement, which demanded minimum salaries in rural India in order to add access to
village accounts. False entries in pay rolls were a symbol of the systemic misconduct, prompting
MKSS to demand official records from government archives. The right to knowledge is not
explicitly mentioned in India's constitution. However, the country's highest court has ruled in
many cases that the right to know is covered by Article 19 (1)(a) and Article 21 of the Indian
constitution, which guarantee freedom of expression and speech, as well as the right to life and

11
personal liberty. To put it another way, we may assume that it (Right to information) The whole
object of such Articles is to be protected. Part 3 of the Indian constitution, which is the
Fundamental Rights section, contains Articles 19 and 219. In this way, the right to information
may be regarded as a constitutionally protected right.

The Freedom of Speech10 is included in Art. 19 (1) (a) of the Indian Constitution, which deals
with privileges. This liberty includes not only the freedom to openly express one's opinions, but
also the right to educate. This right to know has certain limits, such as national security details or
some other issue that might jeopardize the nation's reputation. However, whether it includes
information on sanitation, for example, it is not a matter of national security, and the public has a
right to know that such material is being withheld 11. Citizens have a right to know what is going
on with their country. However, the privilege is not absolute; privacy may be legally asserted in
activities that affect public safety. In other words, material that is not in the public or national
interest cannot be revealed under any conditions. The same is covered by Section 8 of the Right
to Know Act of 2005.

In Prabha Dutt v. Union of India 12, the Supreme Court of India directed the superintendent of
the Tihar jail to enable members of a few news publications to interview two death row inmates
under Article 19 (1)(a), but with the exception that the privilege under Article 19(1)(a) “Is not
an utter right, nor therefore does it confer any freedom on the press to have free access to the
press.”
In subsequent events, this stance has been reaffirmed. The right to information has been
recognised by the courts in a number of cases where it relates to freedom of speech and
9
BYJU’S, ‘Right to Freedom (Articles 19-22) (2020) < https://byjus.com/free-ias-prep/right-to-freedom-articles-19-
22/>
10
The Editors of Encyclopedia Britannica, ‘Freedom of Speech’ (2014) <
https://www.britannica.com/topic/freedom-of-speech>
11
1988) AIR 2

12
(1982) 1 SCR 1184

12
expression in Article 19(1)(a), until it was eventually enshrined in the Right to Information Act,
2005, which provides the ultimate mechanism for its use.

The right to information bill was passed by the Lok Sabah on May 11, 2005, and the Raj Sabah
on May 12, 2005, and received the president's assent on June 15, 2005. It was enacted as the
Right to Information Act of 2005. (22 of 2005). It was enacted to ensure that the sovereign
government was transparent and accountable to the public. In India's democracy, where people
play a critical role, it is critical to ensure that the government is adequate, transparent, and
accountable to them. The dilemma now is whether a citizen 13 has the right to obtain any
information from a government agency14.

Article 19 (1)(a) of the constitution (which is a fundamental right) expresses concern about the
right to know, but Article 19 (2) of the constitution also states that if the released information
jeopardizes the country's dignity or protection, the government may enforce restrictions. In other
words, a person should obtain information to the degree that it does not jeopardize the privacy
and integrity of others. It notes that all knowledge affecting the country's reputation, protection,
strategic, science, or economic interests of the state, which leads to incitement of an offence and
contempt of the court of law, violation of the privileges of parliament and state legislatures,
information concerning trade secrets, the publication of which may damage a third party's
competitiveness, and information obtained in confidence are both prohibited.

3.1 Ambiguity and Obstacles

The right to know is not without ambiguity. The Right to Information Act of 2005, Section 22,
states that it has precedence over all conflicting laws or regulations. Several clauses of the
Official Secrets Act, 1923, a remnant of British rule in India, forbid the transfer of intelligence
from the government to common citizens. It was enacted to safeguard against espionage. They

13
(1999) 4 SCC 65

14
(1987) 4 SCC 373

13
are used not only to limit access to information, but also to prosecute someone who discloses
those types of information. The Indian Evidence Act of 1872, Sections 123 15 and 12416, also
place undue limitations on the use of official records as evidence. The Act is also tailored to the
needs of individual states. The uncertainty arises from the fact that different states have different
laws. The right to know has given India's people with a fantastic right. However, there is also a
lack of public knowledge of people's rights. The fee structure, on the other hand, is really not that
favourable. It poses a barrier to achieving the Act's or constitutional right's stated goal.

4. ROLE OF GOVERNMENT AND JUDICIARY

Following 60 years of autonomy Indian individuals getting an opportunity to encounter the

advantage of "Right to Information". In 2002 parliament affirmed 'Act to Right'17 which have a
place with all states and association regions. However, every one of the states and association
domains don't carry out it. With the goal that it was changed in to "Right to Information Act
2005"18.
15
Section 123- “No one may offer testimony extracted from unpublished official documents relating to any State
affairs without the permission of the officer in charge of the department concerned, who may grant or deny such
permission as he sees fit.”
16
Section 124- “If a public officer believes that disclosing messages made in confidentiality to him will harm the
public interest, he cannot be forced to do so.”
17
RTI empowers citizens to keep the government and organizations that receive significant government funding
responsible. People have the right under the Right to Know Act to request information to determine if their privacy
rights have been violated depending on the information obtained.
18
India Bureau, ‘What is RTI Act, all you need to know about RTI Act’ (2020) <
https://www.businessinsider.in/india/article/all-you-need-to-know-about-rti-act/articleshow/72053630.cms>

14
Right to data act is an expansive demonstration, which is obligatory for local and state
government just as their workplaces and authorities, leader board, assembly, legal executive and
so forth. The organizations which have made by the public authority and got awards by the
public authority ought to likewise have material the Right to data act. In the event that
administration required data from private foundations for public interest can likewise distribute
their point by point data to residents.
The public authority has given different government assistance plans for the advancement of the
society just as country. It is important to arrive at all such plans to the average folks. So, the
public authority ought to need to give data about these plans in the nearby papers, on TV
Channels and so forth in basic way. This will help individuals to mindfulness about the plans.
The public authority additionally passes different laws for individuals. Not many individuals
think about the laws passed by the public authority. Subsequently, the public authority ought to
need to distribute the different laws in straightforward language for the ordinary citizens.
The administrative work in the different government divisions is extremely confounded which
everyday citizens can't comprehend for instance Revenue office, RTO, Tahasil Office, and so
forth Individuals misused by the specialists and officials because of obliviousness of the
administrative work. Government ought to need to give data about crafted by their specialization
in straightforward also, neighbourhood dialects. The data centres around the showcase board at
public spot or marketplace19.
The public authority builds up the comities on different financial issues. The reports containing
protests, suggestions of the different councils ought to need to distribute. It is the sacred duty of
the public authority to give data to the residents of the general public. The public authority ought
to need to make accessible such sorts of reports in the bookshops of the country. This will assist
the residents with understanding the different government assistance issues of the public
authority. It is bound to the public authority to give data, which requested, by the residents, yet in
addition impulse to the public authority for giving data to the residents20.

19
Goel S. L, Right to Information and Good Governance‖ (Deep and Deep Publications
Private Limited, New Delhi, 2007)
20
Nagraj M. N., (Right to Information Act, 2005‖, Conference Volume, XVIII National
Seminar of Indian Association of Special Library Information Centres, Kolkata, 1998)

15
 4.1 Role of Central Information Commission

The Central Information Commission has been established with sway from 12-10-2005 under the
Right to Information Act, 2005. The locale of the Commission loosens up completed all Central
Public Authorities. The Commission has certain powers and limits determined in territories 18,
19, 20 and 25 of the RTI Act, 2005.These broadly relate to mediation in second interest for
giving information; heading for record keeping, so moto disclosures tolerating and enquiring into
a dissent on feebleness to report RTI and so on; inconvenience of disciplines and Monitoring and
Reporting including game plan of an Yearly Report. The decisions of the Commission are last
and legitimate21.
With the goal to engage the residents and advance straightforwardness and responsibility in
Government working, different mindfulness programs on Right to data was coordinated by the
Commission. Individual got opportunity to look for Government related data and allure, if the
data wasn't given. It assumed urgent part in knowing the working of Government offices and to
change old mentality about mystery in working of Government.
The Central Information Commission coordinated different workshops and mindfulness
programs on the Implementation of the Right to Information Act 2005. The commission with the
assistance of such workshops and mindfulness programs advanced the straightforwardness and
responsibility inside the residents. They advanced the use of Right to Information for looking for
data from public division and taught the residents to limit the abuse of the rights given to them.
Hardly any Seminars and Awareness Programs coordinated by CIC are Seminar on seventh April
fifteenth July, Annual Convention 2016 and so on RTI Act contains Section 18 which gives
powers and Functions of Information Chiefs under CIC. This proviso fills in as wellspring of
forces of IC's and CIC. The smooth execution of area 18 for example Obligations, Powers and
Functions helped in viable execution of RTI Act. The successful working of obligations and
forces of IC's brought compelling execution of the Act. On the off chance that there is any issue
in looking for data on the application then the litigant can bid in CIC against the public
specialists and the IC's has the obligation to hear the allure and uncover the looked-for data. The
21
Gopi M. Right to Information Act in India (An Overview). Gopi, J Pol Sci Pub Aff 2016,

16
IC's under this measure functions as a common court and has every one of the forces and
specialists of a common court judge22.

4.2 Role of Judiciary

It is important to comprehend why admittance to legal data is urgent for straightforwardness

furthermore, great administration. The legal executive in this day and age has had a few debates
which among a few others incorporate denunciation charges on 'monetary misappropriation'
furthermore, maltreatment of legal office, where such an activity will additionally develop legal
certainty among the general population, permitting free to legal procedures and records, which
would expect judges to act reasonably, reliably and fair-mindedly and empower the general
population to 'judge the appointed authorities23'.
The 'making' of right to data might be followed back to the instance of State of U.P V. Raj
Narain24, where the court saw that option to know is gotten from the idea of opportunity of
discourse and articulation. Albeit not total, it should make one careful when mystery is
guaranteed for an exchange which ought to in ordinary course have no open repercussions. The
Courts additionally expressed that – "In an administration of obligation like our own, where
every one of the specialists of the public should be answerable for their direct, there can be
nevertheless couple of insider facts. Individuals of this nation have an option to know each open
demonstration, all that is done in a public way, by their public functionaries".

In Reliance Petrochemicals Limited v. Indian Express Newspapers 25, the Apex Court read the
Option to know under Article 21. While giving an extended significance to the word 'freedom', it
gives that the option to hold a specific assessment and support it. All together for an assessment
to be supported and maintained, data gets essential, where Article 21 gives to all people the

22
Anchal Agarwal, Role of CIC in Implementation of RTI, 2018
23
Shayonee Dasgupta & Sakshi Agarwal, Judicial Accountability and Independence: Exploring the Limits of
Judicial Power, 2 NUJS L. Rev. 779 (2009).
24
(1975) 4 SCC 428
25
(1989) 190 AIR 1988

17
option to know and option to get data. Notwithstanding, on a few events, the Apex Court has
disregarded the RTI Act and asked the candidates to apply under Supreme Court Rules, 1966,
rather than the data enactment. Despite the fact that the Apex Court on a few events has
struggled with the public authority's need of straightforwardness and responsibility, their own
Registry has relentlessly opposed on giving the data on various events under the domain of the
RTI Act, 2005.

In the previous many years since the time the coming of the RTI Act, the SC has coordinated
numerous candidates up until the phase of second allure, and rather the Apex Court alluding the
candidates to its own principles might be viewed as instrument used to keep the RTI enactment
under control and foil admittance to data through measures set up by law.
Dissimilar to the RTI Act, this standard gives more prominent forces to the Supreme Court to
retain data from the entrance of the residents. In contrast with the RTI Act, this rule26–
1. Demands the candidate to give a 'reason', and makes the accessibility of such data
dependent upon such 'great reason appeared'
2. No time limits are endorsed inside which such data is to be given.
3. It records no punishments for postponing or neglecting to give such data.
4. It gives no components to bids.

Such irregularities should be settled for the RTI Act, 2005 because of the non- obstante condition
gave under the Section 22 of the Right to Information Act, 2005 27. "The arrangements of this Act
will have impact despite anything conflicting therewith contained in the Official Secrets Act,
1923, and some other law for the time being in power or in any instrument having impact by
prudence of any law other than this Act."
The requirement for straightforwardness and responsibility was repeated again on account of
Supreme Court Advocates on Record Association v. UOI28 (the NJAC judgment), where J.

26
Right to Information 2005
27
The terms of this Act shall apply notwithstanding anything in the Official Secrets Act, 1923 (19 of 1923), and any
other legislation currently in force or in any instrument having effect by virtue of any law other than this Act that is
inconsistent with them.
28
(2016) 5 SCC 1

18
Kurian Joseph, in his different agreeing judgment and J. Chalemeshwar in the disagreeing
decisions brought up absence of straightforwardness and responsibility in way of arrangements
made to the legal executive. J. Kurian Joseph noticed.

Legal executive is the key organization that bears the cumbersome duty of limiting different
organs of the state to work inside its limits. To release this substantial, The Constitution of India
awards freedom. Notwithstanding, it additionally should understand that it is compelled by a
solemn obligation to practice this freedom towards the government assistance of individuals on
the loose29. Straightforwardness is worked with by the interaction of responsibility. It is pivotal
for judges to comprehend the way that albeit the individuals of India may furnish them with
insusceptibilities by the mode of the Indian Constitution, it owes a more noteworthy obligation
towards individuals, to whom they forever serve. Steady undertaking towards encouraging
Judicial Accountability should be taken. The second these undertaking falters, it makes a vacuum
where both the political class and vested interests will exploit this problem to additionally
decrease the believability of the legal executive.

The responsibility of any open establishment is imperative for the presence of a sound popular
government. A need to gently find some kind of harmony between legal responsibility and legal
autonomy gets critical, on the grounds that outright and limitless capacity to any foundation
serving people in general can demonstrate lethal to the general public on the loose.
Another period of instructive law has been guided, and this exertion should be immovable where
the extent of higher established functionaries to be incorporated under the ambit of RTI Act
ought to be investigated. Data is the Currency of Democracy, and such orderly pursuits should be
taken for repeating the crucial 'option to know.' Although the post of CJI goes under RTI, yet it is
joined by riders, where no definitive answer actually exists regarding whether correspondence
relating to the collegium framework can be uncovered or not, which has been an issue of public
concern30. Albeit this judgment needs to decrease the darkness in the establishment of legal

29
PTI, Why Can’t Governor’s Office Come Under RTI Ambit [Article]
30
Manu Sebastian, The Impact of SC’s RTI Judgement on Collegium Decisions, (December 12, 2019).

19
executive, it is vital to comprehend the reality that the commonsense ramifications of economical
working of the RTI should be represented beginning from the grass root levels of legal order.

5. CONCLUSION

We began this research paper by describing the issues as well as the government's emotional
abuse officials due to a lack of understanding of the RTI Act 2005 was a popular year with the
general public. In addition, the writer has Efforts were made to examine two famous RTI blogs
and their content. RTI's social media activity, as well as its contribution to When the internet
technology of the United States evolves, so does social media the country. In addition, Karira's
digital advocacy is raising online consciousness among appellants and teaching them how to use
the RTI Act efficiently Subjects have found a device to usher about accountability and
responsibility at all levels of government following the introduction of the Right to Information
Act 2005. The Right to Information Act, in particular, has a much greater impact on
disadvantaged people's personal satisfaction, and is an underappreciated aspect of the general
economy. The general population Regardless, the Act's energy is yet to be fully understood.
Nationals, the economy, the media, and civil society organizations all have a lot of work to do in
order to meet the projected goal of $1 billion.

20
The Act, as well as to discuss various concerns and conditions related to obtaining information
under the Act. The Right to Information Act has enough “teeth” to increase transparency and
minimize corruption. As the importance of openness has grown in practice, a system should be
developed to fit around it. let it run more efficiently. In the meantime, achieving attitudinal
improvements – which needs some investment – is the key to extending the responsibility of
open professionals. In its extraordinary presentation, India's Right to Information Act declares
unequivocally, "Democracy necessitates a well-informed citizenry. Transparency of records is
critical to its operation, as well as to containing corruption and holding governments and their
agents accountable to the people they serve." There can be no d without details being made
available to the general public. In a democracy, responsiveness to individuals is the hallmark
since individuals are sovereign and any activity in government is meant for individuals.
democratic rule of law Corruption of public bodies has had a negative impact on good
governance. To have power and ingenuity, the Right to Information must build forward and
backward linkages with other organizations.

21
 6. REFERENCES

Books

1. Smita Srivastava, The Right to Information in India: Implementation and Impact Afro
Asian (Journal of Social Sciences Volume 1, No. 1 Quarter IV 2010)
2. Chaubey Manish Kumar, Right to information various dimension, (p. 31, 2012)
3. Prof. S.R. Bhansali, The Right to Information Act, 2005, (pp. 15.2008)
4. Sabnis S. N., ―Right to Information Act, 2005 and Rules (Mukund Publications, Thane,

2011)

5. Sathe S. P, Right to Information (1st ed., Lexis Nexis Butterworths, New Delhi, 2006)
6. Pandey Ajay, The Right to Information - Aspirations and the Act, Legal News and
Views, (Vol. 18 No. 19. A Social Action Trust Publication, New Delhi, 2004)
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views, (2006, Vol. 20 No.1, A Social Action Trust Publication, New Delhi, January)

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 8. Goel S. L, Right to Information and Good Governance‖ (Deep and Deep Publications
9. Private Limited, New Delhi, 2007)

Articles

1. M.Sridhar, 2006. DOMESTIC VIOLENCE: A CRIME AND TORT [Articles] Available

at:<https://kuscholarworks.ku.edu/bitstream/handle/1808/20256/3-
3_Carey_Website.pdf;jsessionid=C7C2890D067AA73B8FC5F720BEC690F0?
sequence=1>
2. Madhusoodan M. K. Bangalore corporator threatens RTI activist over land dispute‖
[Article]
3. Times of India, Amendment to RTI Act opposed‖. Times of India, Jaipur [Article]
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Cases

1. Bennet Coloman v. Union of India [1973] 42 AIR 106.

2. State of U.P v. Raj Narain [1975] 4 SCC 428
3. Reliance Petrochemicals Limited v Indian Express Newspapers [1989] 190 AIR 1988
4. Supreme Court Advocates on Record Association v. Union of India [2016] 5 SCC 1
5. Prabha Dutt v. Union of India [1982] 1 SCR 1184
6. L.K. Koolwal v. State of Rajasthan [1988] AIR 2
7. State v. Charulata Joshi [1999] 4 SCC 65
8. Sheela Barse v. State of Maharastra, [1987] 4 SCC 373

23
Dissertations

1. Das P. K, ‘Handbook on the Right to Information Act, 2005’ (2006)

2. Verma Anuradha, ‘PIO’s guide to Right to Information’ (2011)

Websites

1. India Bureau, ‘What is RTI Act, all you need to know about RTI Act’ (2020) <
https://www.businessinsider.in/india/article/all-you-need-to-know-about-rti-act/
articleshow/72053630.cms>
2. Wikipedia, ‘Right to Information Act, 2005’ (2019) <
https://en.wikipedia.org/wiki/Right_to_Information_Act,_2005#:~:text=Right%20to
%20Information%20(RTI)%20is,regarding%20citizens'%20right%20to
%20information.&text=The%20RTI%20Bill%20was%20passed,effect%20from
%2012%20October%202005.>
3. The Gazatte of India, ‘Ministry of Law and Justice’ (2005) <https://rti.gov.in/rti-act.pdf>
4. The Editors of Encyclopedia Britannica, ‘Freedom of Speech’ (2014) <
https://www.britannica.com/topic/freedom-of-speech>
5. BYJU’S, ‘Right to Freedom (Articles 19-22) (2020) <
https://byjus.com/free-ias-prep/right-to-freedom-articles-19-22/>

24