Importance of Right to Information

Right to information means the freedom of people to have access to governmental

information. It implies that the citizens and non-governmental organizations should enjoy
a reason access to all files and documents pertaining to the governmental operations,
decisions and performance. In other words, it means openness and transparency in the
functioning of government. Thus it is antithetical to secrecy in public administration.
Now a question arises whether secrecy-A component of executive privilege is
good or transparency through right to information is good which is better for good
governance. Both offer public interest as their rational which infect serves public interest
and can they be harmonized.
USA has granted the right to information to its citizens by the freedom of
Information Act (1966). Several other democratic states have also granted such a right to
their citizens through similar legislations.
Sweden is the only state which has conferred right to information through a direct
constitutional provision.
Right to Information is necessary due to the following reasons:
• It makes administration more accountable to person.
• It reduces the gap between administration and person.
• It makes people aware of administrative decision making.
• It facilitates better delivery of goods and services to people by civil servants.
• It facilitates intelligent and constructive criticism of administration.
• It increases people’s participation in government.
• It promotes public interest by discouraging arbitrariness in administrative decision
making.
• It reduces the scope for corruption in public administration.
• It upholds the democratic ideology by promoting openness and transparency in
administration.
• It makes administration more responsible to the requirements of people.
• It reduces the chance of abuse of authority by the public servant.
The following statements made by administrative thinkers and practitioners highlight the
importance of right to information.
Woodrow Wilson (former President of America, USA) remarked, “I believe that
nothing should be hidden from public eyes. The people have every right to know
everything government actions. It is my conviction that openness will help in bringing
good governance. Everyone knows corruption thrives in several places and does not take
place in public places.” Thus he supported openness in governance.
James Madison says “People who elect the government must arm themselves
with power which knowledge gives. A popular government without popular information
or the means of acquiring it is but prologue to a farce or tragedy or perhaps both.”
Lord Action says “Nothing is safe if it does not allow discussion and publicity.”
Max Weber, great socialist remarked, “Bureaucracy does not want to give information to
the people about government action. And if parliament tries to give knowledge to the
general public, bureaucracy tries to hinder it because it will disclose wrong-doings of
bureaucracy.” He also stated “Bureaucracy naturally welcomes a poorly informed and
hence a powerless parliament. Ignorance is in bureaucracy’s interest.”
Right to Informance Bill passed by Parliament. The right to information bill
2004 intended to secure people’s access to information under the control of public
authorities was passed by the Lok Sabha on May 12, 2005. The Bill with its 1216
amendments was brought to make the freedom of Information Act 2002 more
meaningful, to ensure greater and more effective access to information. In view of
significant changes proposed in the existing act the Government also decided to repeal
the 2002 Act. Prime Minister Manmohan Singh stated that it would usher in process of
governance performance and efficiency. The Bill lays down the architecture for accessing
information which is simple, easy, time bound and inexpensive. There will be strong
penalties for failing to provide information or affecting its flow. In fact, it imposes
obligations on agencies to disclose information sue motto thus reducing the cost of
access.
The Bill seeks to set up a central information commission. Other important
changes proposed in the bill include establishment of appellate machinery with
investigative power to review decisions of the public information officers. The Act also
contains penal provisions for failure to provide information as per law and provision on
intelligence and security organizations (such as the Intelligence Bureau Research and
Analysis wing Board Security Force, Central Reserve Police Force, National Security
Guards, Assam Rifles) will not come under the Act’s purview but information pertaining
to violation of human rights allegations or corruption by these organizations will not be
excluded. There will be an independent information commissioner to enforce the law.
There will be harsher penalties for officials who do not comply with the law. The
sweeping changes to the freedom of information act 2002 came after the National
Advisory Council headed by Congress President Sonia Gandhi sent a list of 36
amendments to the Prime Minister Manmohan Singh in August 2004.
Highlights of the Law
The Indian President will appoint a chief information commissioner and
governors of states will appoint state information commissioners to implement the Act.
They will be autonomous functionaries with five year term.
• The chief information commissioner and state information commissioner
will make public an annual report on the implementation of the law. The
annual report will be tabled before parliament/state legislatures.
• Instead of 25 years (as in the old act) information about events that took
place up to 10 years before the date of request can be provided.
• A stringent new section on penalties provides for varying penalties or
fines (of up Rs. 3000) and even imprisonment (of up to five years) as
punishment for maladies refusal to give information, destroying
information or knowingly giving out wrong information to an RTI
applicant.
• Government bodies have to publish details of staff payment and budgets.
This was the long-felt need which was fulfilled by UPA Government. As we
know “secrecy in government is fundamentally anti-democratic. It perpetuates
bureaucratic errors. Open discussion based on full information and on public issues are
essential to our national interest.
“The secrecy system is less for-safeguarding public or national interest and more
for safeguarding government reputation and for burying its mistakes, maximizing its
power, shielding its corrupt practices and manipulating the citizens.
The constitution of India has no direct provision expressly conferring right to
information to the citizens. However the Supreme Court has been stating since 1975 that
the right to information is an intrinsic part of the right to freedom of speech and
expression guaranteed under Article 19 (1) (a) of the constitution of India. In India
various laws and rules restrict the disclosure of official information to the people and
favours secrecy in administration.
The list of the laws hindering right to information is given below:
1. official Secrets Act, 1923
2. Indian Evidence Act, 1872
3. Commission of Enquiry Act, 1952
4. All India Service(Conduct) Rules, 1954
5. Central Civil Services (Conduct) Rules, 1955
6. Railway Services (Conduct) Rules 1956
The Fifth pay commission (1994-1997) recommended for the abolition of the
official secrets act and information of Right to Information Act and now it came into
existence.
Paper

On

Importance of Right to Information

Submitted to: Submitted by:

National Seminar Mrs. Parmila
BPSM Girls Degree College Asst. Prof. in Commerce
BPSMV Kanya Mahavidyalaya,Kkd.
Khanpur Kalan (Sonepat)