Engulfed in the fundamental rights, the Right to Information (RTI) Act 2005 is mentioned in section 1 of Article 19 of the constitution of India. With an aim to improve the prospects of parliamentary democracy, the Right to Information has increased the possibility of good governance. This act has been a harbinger of welfare towards the weaker and neglected strata of society. The internal working of government institutions has been exposed by this act. This, in turn, has created conditions sufficient for an accountable and transparent democracy. The legislation and execution of the RTI act pioneered the empowerment of the citizenry.
This comprehensive law has been implicitly included in the Right to Freedom of Speech and Expression. It had set a well-structured practical regime to have access to information related to governmental matters. In order to improve the vigilance and political awareness of citizens, the act allows public scrutiny of democratic institutions. With the shield of the RTI Act, citizens are legally better equipped than they were before in making the government accountable. They have the right to seek information related to the know-how of the democratic system.
Some Important Sections of the Right to Information Act, that make it Distinctive Legislation are as follows:
- Section 2 provides for the institutions and authorities that fall under the ambit of the Right to Information Act. According to section 2(h) of this act, self-government and constitutionally established institutions through State Legislature and Parliament are inclusive of this act. The act also includes private corporations and non-government organizations in which the government holds a majority stake or substantially finances them.
- Section 4 of the act prescribes for Suo Moto disclosure of public authorities through the internet and other sources of information. This is done in order to reduce citizens’ dependence on RTI procedures to obtain information
- Section 5 of the act necessitates the appointment of a Public Information Officer (PIO) in accordance with the requirement for the particular case. PIOs are appointed within 100 days to file the RTI act.
- Section 6 enables a person seeking information in English, Hindi, or any other official language to not disclose the reason as such for the need to seek information. The applicant also need not disclose any personal details in filing an RTI application
- Section 7 concerns the situation if the request is related to the life or liberty of the plaintiff, then the information is provided within forty-eight hours of filing it.
- It is important to note that a person seeking information is subjected to minimum constraints. Official records which must remain confidential and may be a potential threat to national security, if released, are being exempted from this act. Section 8, 9, and 24 of the Right to Information Act cite exemptions from disclosure of information in those cases affecting the sovereignty of India.
- Section 11 exhibits the treatment of third-party information. If and only the applicant has been supplied with third party information, it is in the hands of Public Information Officers (PIOs) to either declare the third party confidential or disclose it, as it intends to.
- Section 12 of the Act establishes a statutory body that facilitates the investigation of the case filed. This body is the Central Information Commission which supervises the legislation of the act and provides recommendations to make the act more effective and efficient.
- Section 15 of the act sets the foundation for the State Information Commission. This commission is charged with the same responsibilities as the Central Information Commission. The only exception is that the jurisdiction of the former lies within the state government. On the other hand, the Central Information Commission is the quasi-judicial body overseeing the Central government.
- Section 19 prescribes a two-tier mechanism for appellate jurisdiction procedure. Initially, an appeal is produced against the decision of the Public Information Officer (PIO). If in case the appellant is still not satisfied, the Central and State Information Commissions may or may not find a reasonable opportunity to investigate the report. It is also important to note that the decision of these two commissions is binding.
- Section 21 protects the plaintiff under RTI from prosecution, if and only, the action was taken in bona fide.
- Section 23 of the act barred courts from entertaining applications filed under the RTI act.
Importance of the RTI Act:
A. Curbing corruption and other malpractices:
The RTI Act, 2005 has been imperative in curbing corrupt practices and has improved the quality of accountability. Corruption has been a major hindrance in the face of Indian democracy. It is a tool at the disposal of the citizenry to eradicate malpractices in the administration. Right to Information has been a barrier to such corrupt acts that resulted in socio-economic and political degradation of the constitutional set-up. Through the means of this act, citizens are able to have faith in democracy being the best form of government. The knowledge and information that citizens are able to derive via this act compliments good governance
B. Benefits Appropriated by the Poor:
In rural areas, people are increasingly becoming politically awakened as they seek to benefit from welfare schemes through RTI. The act is having a path-breaking impact in empowering rural people to have access to the basic necessities of life. The implementation of RTI has reached the grassroots level and delivered social benefits to the poor and marginalized groups. While perks of democracy and government policies were appropriated by the elite section mostly, the act revolutionized a positive change as it reaches even in the remotest area of the nation. The RTI act has been influencing rural people to raise questions about the system against their miserable conditions.
C. Creating sufficient conditions for Good Governance:
The institutional mechanism of the act serves prime importance to its citizens in providing objectivity and transparency in the administration. The act recognizes the need to disseminate information in matters affecting public interests. Lack of openness in the system not only is ineffective but also triggers conditions of poverty. Right to Information helps in fulfilling the objectives that are vital for participatory democracy to exist. Bureaucratic accountability is imperative for cooperation between citizens and the government.