THE BHOPAL SCHOOL OF SOCIAL SCIENCES

UNIT IV

Tools and Measures in Indian Context

• Good governance encompasses principles and tools to ensure transparent,
accountable, and efficient government.
• Why  Vital for India's development and citizens' well-being.

RIGHT TO INFORMATION
Article 19 ICCPR
2. “Everyone shall have the right to freedom of expression; this right shall include freedom to
seek, receive and impart information and ideas of all kinds, regardless of frontiers, either
orally, in writing or in print, in the form of art, or through any other media of his choice.
3. [...]subject to certain restrictions, but these shall only be such as are provided by law and
are necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public order (ordre public), or of public
health or morals.

RTI ACT 2005

• Empowers citizens to access information from public authorities  includes bodies

of self-government established under the Constitution, or under any law or
government notification
• Scope: govt. departments, ministries, agencies, and other public bodies..
• Includes institutions substantially funded by the government
• Promotes transparency and accountability in administration by making the
government open to public scrutiny
• This in turn, promotes responsiveness of the government to community needs.

*Edited & Compiled for Students by:

KALYANI JAIN
Assistant Professor
Political Science (Humanities)
The Bhopal School of Social Sciences
 THE BHOPAL SCHOOL OF SOCIAL SCIENCES
Class : Political Science Subject : Good Governance
Unit : Unit IV

• Procedure  citizens must submit a written request to the relevant public information
officer (PIO).
• Requests can be in English, Hindi, or the official language of the state.
• Fees  A nominal fee maybe charged
• Provisions for waiver/ reduction of fees for those below the poverty line.
• Time  PIO must respond within 30 days.
• If information concerns a person's life or liberty, it must be provided within 48 hours.
• Reasons for Denial:
• Act outlines specific grounds under which information may be denied,
including concerns related to national security, privacy, and confidentiality.
• Appeal
• If the PIO denies the requested information, the applicant can file an appeal
with a higher authority, known as the First Appellate Authority.
• If the appeal is also rejected or not responded to within the specified time, the
applicant can further appeal to the State Information Commission or the
Central Information Commission.
• Proactive & Suo-Moto Disclosure
• Public authorities must proactively publish certain categories of information.
• Includes details about organization, functions, budgets, and even ‘information
relating to a private body which can be accessed by a public authority under
any law’
• Independent Commissions  Responsible for oversight, appeals, and ensuring
compliance
• Each state has a State Information Commission.
• A Central Information Commission exists at the national level
• No need to provide reasons
• Requesters are not required to justify why they seek information.
• Encourages openness and eliminates the need for explanations.
• Friend of Whistle-blowers
 THE BHOPAL SCHOOL OF SOCIAL SCIENCES
Class : Political Science Subject : Good Governance
Unit : Unit IV

• RTI Act has been an important weapon for whistle-blowers  'twin sister’ of
whistleblowing
• Whistle-blowers can collect relevant data about any unlawful or immoral
conduct and make it available to the general public.

WHISTLEBLOWERS PROTECTION ACT 2014

• Whistleblowing: the act of disclosing information by an employee or any concerned

stakeholder about an illegal or unethical conduct within an organization.
• Whistleblower: a person who informs about a person or organization engaged in such
illicit activity.
• Whistleblowers can bring to attention the administration’s fraudulent
practices, using RTI as a weapon.
• Need: since the implementation of the RTI Act, around 100 RTI activists across the
country have been killed and several are harassed on a daily basis.

• Aim: To prevent corruption, misappropriation of assets and misuse of power in the

public sector
• The act establishes a legal mechanism for the reporting of illegal, unethical and
illegitimate practices by members of an organization
• However, the scope of the Act is limited to public servants and public sector
undertakings.
• The act also provides adequate safeguards against victimization of the person making
such complaints.
• It allows any person, including a public servant, to make a public interest
disclosure before a Competent Authority.
• Competent Authority:
• Prime Minister or the Chief Minister on account of Ministers
• The Speaker or Chairman for Members of Parliament or state law-making
bodies
 THE BHOPAL SCHOOL OF SOCIAL SCIENCES
Class : Political Science Subject : Good Governance
Unit : Unit IV

• The Chief Justice of the High Court for district court judges
• The Central or State Vigilance Commission for government workers.

• Limitation Period: 7 years.

• Exemptions: The act is not applicable to the Special Protection Group

(SPG) personnel and officers, constituted under the Special Protection Group Act,
1988.

• Court of Appeal: Any person aggrieved by any order of the Competent Authority can
make an appeal to the concerned High Court within a period of 60 days from the date
of the order.

• Penalty:

• Any person who negligently or with mala fide intention reveals the identity of
a complainant will be punishable with imprisonment for a term extending up
to 3 years and a fine which may extend up to Rs 50,000.

• Person (complainant) who make any disclosure with a mala fide intention or
knowing that it was incorrect or false or misleading, shall be punishable with
imprisonment for up to two years and a fine of up to 30,000 rupees.