INTRODUCTION
Article 19(1)[1] of the Indian Constitution guarantees all citizens the right to free speech and expression. This right also includes the Right to Seek Information. The Right to Information Act of 2005 requires government agencies under the Central and State governments of India to respond to citizen requests for information promptly. It has been extensively utilized by the public and media to reveal corruption, progress in government functions, and data about expenses, among other things. Government personnel who willfully fail are subject to legal penalties. Any information that the government can disclose to Parliament is available to the public. Right to information grants citizens the right to know about anything that the government can reveal.
However, confidential information that can prejudicially impact internal security, relations with foreign countries, intellectual property rights, breach of parliamentary privilege, and hinder investigations cannot be shared under this act. Cabinet papers are exempt until a decision has been implemented. However, discussions within the Cabinet can never be disclosed.
BEFORE THE INCEPTION OF THE RTI ACT[2]
The Information Act’s origin can be traced back to Sweden, where Sweden passed the world’s first Freedom of Information Act on December 2, 1766. Subsequently, countries like France, the UK, the US, etc., enacted similar information acts. In 1946, the United Nations General Assembly (UNGA) also recognised the freedom of information as a fundamental human right.
In India, the Supreme Court has been demanding the Right to Information Act since 1975. The Supreme Court ruled in 1976 in the case of State of Uttar Pradesh v. Raj Narain that the Right to Information is a fundamental right under Article 19 of the Indian Constitution. Later, in the 1990s, an organisation in Rajasthan called Mazdoor Kisan Shakti Sangthan launched the RTI movement at a grassroots level. It demanded the free flow of information. Further, the 5th pay commission also recommended the same. Therefore, the Freedom of Information Act of 2000[3] was introduced to ensure its purpose. The act made it obligatory for government officials to furnish whatever information is sought by the public. The act included the recommendations of the Shaurie committee report and was passed with a majority in the Parliament. However, it did not serve its purpose owing to several flaws and loopholes. Then, in consultation with civil organisations, the National Campaign for People’s Right to Information suggested several amendments to the Freedom of Information Act of 2000 in 2004. After accepting these recommendations, a new revised bill was introduced and passed. These amendments were eventually accepted and endorsed, after which the Right to Information Act of 2005 came into force. It became operational on October 12, 2005.
ACTS THAT CHANGE THE COURSE OF THE RTI ACT
- The RTI (Amendment) Act[4], 2013– Under this act, political parties are no longer included in the definition of public authority. According to the act’s statement of reasons, existing rules address the financial transparency of political parties and their candidates under the Income Tax Act of 1961 and the Representation of People Act of 1951. It further adds that designating a political party as a public authority under the RTI Act would impair that party’s internal operations and that rival political parties may abuse the act’s provisions, negatively impacting political party operations.
- The Whistleblower Protection Act[5], 2014- The act of an employee or any other concerned stakeholder exposing information regarding unlawful or unethical behaviour within a corporation is known as whistleblowing. A person who discloses information on an individual or group involved in such illegal activities is known as a whistleblower. The protection of whistleblowers, who contribute to the free exchange of information, is the goal of this act. It provides a mechanism to receive complaints related to the disclosure of allegations of corruption or wilful misuse of power or discretion.
- The RTI (Amendment) Act[6], 2019– With this act, the central government has the authority to set the terms and conditions of service for Chief Information Commissioners (CICs) and Information Commissioners (ICs) at both the state and central levels. This amendment empowered the central government to decide the salary, allowances and even the terms of their services. The central government prescribed the tenure of the central CIC and IC, which was previously fixed at five years(or until age 65, whichever comes first), by amending Section 13[7] of the RTI Act, 2005. Before this change, the CIC’s salary, allowances, and other service conditions were comparable to those of the Chief Election Commissioner (CEC), while those of an IC were comparable to those of an Election Commissioner (State Election Commissioners in the case of states).
Issues of RTI (Amendment) Act, 2019[8]
- The transparency architecture is being dismantled by this amendment act, which gives the Central government the authority to decide on the terms of service, including tenure, salary, and allowances, of Information Commissioners at both the Center and State levels.
- The Commission, which is bestowed by law with status, independence and authority, will now function as a Central government department, defeating its purpose of working independently.
- This amendment violates the constitutional principles of federalism, undermines the independence of Information Commissions, and thereby significantly dilutes the widely used framework for transparency in India.
- Digital Personal Data Protection (DPDP) Act[9], 2023- This act[10] changed a provision in the RTI Act to exempt “personal information” from being disclosed. DPDP Act will affect transparency and accountability by not providing proper data and information sought under the RTI Act. It will also kill the transparency of the RTI Act.
CONCLUSION
The Right to Information Act of 2005 is a statutory provision that has made the citizens’ dream of getting all the information fulfilled. This act is a much-needed, powerful tool in the hands of common people for good governance. It is essential for ensuring that the government is accountable to the people and promotes transparency and sound decision-making. This act facilitates citizens getting responses to their queries regarding government information. Timely response to citizens’ requests for any information from the central or the state government.
The main object of this act is to empower the rights of citizens to make certain queries on the functioning of the Government machinery, to promote transparency and efficiency in the operations of such Government organisations, to regulate corruption and also to make democracy work in favour of our citizens. This act prevents the Government from being manipulated and biased because it creates a notion that the Government and its concerned wings are working for the public at large. It also makes sense that no people must be unaware of their basic rights as citizens of this country, and the act also makes it mandatory that the information which is given to the applicants must be true to the best of the knowledge of the concerned officials and any manipulations done against the provisions of the act will lead to certain penal liabilities upon the person who violates it.
Author(s) Name: Prasoon Kumar Ravi (Campus Law Centre, Faculty of Law, University of Delhi)
Reference(s):
[1] Indian Constitution, art 19(1)
[2] Pushparaj Singh, ‘Fifteen Years of Right to Information Act in India: A Long Way to Go. The Age of Human Rights Journal’ (2021) (17), 346-362<https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6537> accessed 28 November 2023
[3] Freedom of Information Act 2000
[4] The Right to Information (Amendment) Act 2013
[5] The Whistleblower Protection Act 2014
[6] The Right to Information (Amendment) Act 2019
[7] The Right to Information Act 2005, s 13
[8] Gaurav Vivek Bhatnagar, ‘ RTI Bill shrouded in Secrecy’ (The Wire, 25 July 2019)<https://thewire.in/rights/rti-amendment-bill-information-commission> accessed 27 November 2023
[9] The Digital Personal Data Protection Act 2023
[10] The Wire Staff, ‘Regressive Amendments to RTI Act’ (The Wire, 4 August 2023) <https://thewire.in/rights/regressive-amendments-to-rti-act-ncpri-flags-concerns-over-digital-personal-data-protection-bill> accessed 27 November 2023
