RIGHT TO INFORMATION

PUBLIC ACCOUNTABILITY
 RIGHT TO KNOW

• An important factor responsible for the absence of popular participation in

the governance process is the lack of information. Commenting on the need
for a open Government, the Supreme Court of India observed that the
demand for openness in the Government is based on the reason that
“democracy does no consist merely in people exercising their franchise once
in five years to choose their rulers and once the votes are cast, then returning
into passivity and not taking any interest in the Government.”
CASE LAWS
Raj Narain v. State of Uttar Pradesh
• the Supreme Court of India observed that in a
government like ours, where all the agents of
the public must be responsible for their conduct,
there can be but few secrets. The people of the
country have a right to know any public act.
Dinesh Trivedi v. Union of India
• “to ensure the continued participation of the
people in the democratic process they must be
kept informed of the vital decisions taken by the
government and the basis thereof.
 RIGHT TO INFORMATION ACT (RTI)

• RTI act essentially tries to usher in a new administrative culture

and further strengthen democracy. It has been hailed by the Chief
Information Commissioner of India as outstanding legislation in
the world and unprecedented going by the public response. RTI
act is an important tool in the hands of people and it is bound to
change the mind-set of the administrative machinery.
 RIGHT TO INFORMATION ACT (RTI)

• RTI act is landmark legislation and covers all central, state

and local governmental bodies and in addition to the
executive it also applies to the judiciary and the
legislature. The term information under the act covers
right to inspect work, documents and records held by the
government and allows for the extraction of certified
samples for verification.
‘MAXIMUM DISCLOSURE’ AND ‘MINIMUM EXEMPTIONS’.

• There have been demands from different corners of the country

that the law should be amended to refuse information that is not
relevant to an applicant. But refusing information is not the
answer to the problem. The answer lies in reducing the ‘need’ for
such information. Proactive disclosures by authorities can be a
very positive and people friendly step. After all, the RTI act itself is
based on the principles of ‘Maximum Disclosure’ and ‘Minimum
Exemptions’.
 EFFECTIVE INSTRUMENT

• Right to information has already proved to be an effective instrument for

combating corruption in public service. The significant achievements of civil
society organisations like ‘Parivartan’ in Delhi in collecting information
regarding flow of public funds, dubious decisions etc. are examples of the
power of information, but more significant aspect of the experience is that
much more needs to be done in this direction. According to Transparency
International, if India were to reduce corruption to the level that exists in the
Scandinavian countries, investment could be increased by 12% and the GDP
growth rate by 1.5% per annum. Access to information needs to be
encouraged on this ground alone.