Issues and Suggestions for the Implementation of the India’s Right to Information Act 2005 in Light of the Latin American Countries’ Experience (original) (raw)

“RIGHT TO INFORMATION : A BABY OF HEALTHY DEMOCRACY AND TRANSPARENT GOVERNMENT”

The Right to Information is derived from our fundamental right of expression under Article 19 of the Constitution of India. If we do not have information on how our Government and Public Institutions function, we cannot express any informed opinion on it. This has been clearly stated by various Supreme Court judgments, since 1977. It is worthwhile to understand the underlying assumption in this well entrenched belief. Why is the freedom of the media considered as one of the essential features for a democracy? Democracy revolves around the basic idea of Citizens being at the center of governance and rule of the people. On 11 and 12 May, 2005, the two houses of Parliament passed the Right to Information Act as Act 22 of 2005. This has now become operational from 12 October, 2005 - significantly Vijayadashmi. Right to Information (RTI) existed since the day the Constitution of India was framed. The present Act only gives procedures. Right to receive information- the expression “freedom of speech and expression” in Article 19(1)(a) has been held to include the right to acquire information and disseminate the same. It includes the right to communicate it through any available media whether print or electronic or audio-visual, such as advertisement, movie, article or speech, etc. This freedom includes the freedom to communicate or circulate one’s opinion without interference to as large a population in the country, as well as abroad, as is possible to reach. However, an encroachment upon one's privacy is only shielded if the offender is the state and not a private entity. If the offender is a private individual then there is no effective remedy except in tort where one can claim damages for intruding in his privacy and no more. the right can be only limited by reasonable restriction under a law for the purpose mention in article 19(2) of our constitution. Despite all these shortcomings, legislation guaranteeing the right to information will be a major step towards ensuring a participatory developmental process in the country.

Right to Information-A Vision for Common Man

The participants in a democratic system have a right to know what, how and why of any decision, change or continuity, regarding or of its functioning. The right is inherent in citizens by virtue of their owning the system. Therefore, citizen's right to information follows, as a natural corollary in a democracy and any attempt to wide information or to create opacity cannot augur well for its health. Some conscious citizens and civil society organization have constantly raised the demand for an effective provision for the right to information. Dwelling on the relation of constitutional right to freedom of expression and the right to life, various judicial pronouncements endorsed its legal justification. It is expedient to provide for furnishing certain information to citizen who desires to heave it. In a government where all the agencies of the public must be responsible for their conduct, there cannot but few secrets. The people have a right to know every public act, everything that is done in a public way, by their public functionaries. The present research work is based on the theoretical study of the topic. The theoretical work will deal with the literature relating to right to information of the citizen from their government. A comprehensive study shall be conducted through the websites, Journals, and newspapers and books. With an access to information law, governments must establish record keeping and archiving system, which serves to make them more efficient, reduce discretion mechanism and allow them to make better decision based on factual information. Moreover, greater transparency can help reestablish trust between government and its citizens.

RIGHT TO INFORMATION AS A FUNDAMENTAL RIGHT; IN ACCORDANCE WITH 19 TH AMENDMENT

2019

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. The right to access information is a central component of any modern democracy founded on people sovereignty. The constitution of Sri Lanka, in Article 3, Vests power in the people and explicitly recognizes the sovereignty of the people. The people can effectively exercise power through their representatives only if the system of governance is accountable and transparent. Right to Information Act (RTI) is capable to achieving statutory purposes such as good governance, accountability, transparency and democracy of the state. However the power flows from the people to the leaders of government, who hold the power temporarily. Laws & policies require majority support in parliament, but the rights of minorities are protected in various ways. Citizens have an obligation to become informed about public issues, to watch carefully how their political leaders and representatives use their powers and to express their own opinion and interests. The key role of citizen in a democracy is to participate in public life. According to the concept democracy; rule of law protects the rights of citizens, maintains orders and limits the power of government. All citizens are equal under the law. No one may be discriminated against on the basis of their race, religion, ethnic groups or gender. Office holders cannot use their power to enrich themselves. Independent courts and commissions punish corruption, no matter who is guilty. But the question is, does it happen in real life. Therefore to empower the democracy of the state right to access information should be developed and every citizen must be aware of this right as their fundamental right.

The Right to Information in India: Implementation and Impact

The Right to Information Act 2005 was passed by the UPA (United Progressive Alliance) Government with a sense of pride. It flaunted the Act as a milestone in India's democratic journey. It is five years since the RTI was passed; the performance on the implementation front is far from perfect. Consequently, the impact on the attitude, mindset and behaviour patterns of the public authorities and the people is not as it was expected to be. Most of the people are still not aware of their newly acquired power. Among those who are aware, a major chunk either does not know how to wield it or lacks the guts and gumption to invoke the RTI. A little more stimulation by the Government, NGOs and other enlightened and empowered citizens can augment the benefits of this Act manifold. RTI will help not only in mitigating corruption in public life but also in alleviating poverty-the two monstrous maladies of India. India always took pride in being the largest democracy, but with the passing of the Right to Information Act in 2005, it has also become an accountable, interactive and participatory democracy. This right has catapulted the Indian citizen on a pedestal from where he can take stock of administrative decisions and actions and make sure that his interests are protected and promoted by the Government. The Right to Information Act is an important landmark for Indian democracy. By this Act the citizen of India has been empowered like never before. He can now question, audit, review, examine, and assess government acts and decisions to ensure that these are consistent with the principles of public interests, good governance and justice. This act promotes transparency and accountability in administration by making the government more open to public scrutiny.

Right to Information as an Instrumental Force of Good Governance in South Asia

South Asian Studies, 2017

In South Asia the Right to Information (RTI) is recognized as a basic human right of every human being, and is incorporated in the form of fundamental right in the Constitutions of these countries. Free and fair access to relevant information, and participation of public in Governmental decisions making, acts as a catalyst in the transformation of the governance into the ideal governance.Therefore, Right to Information is an instrumental force to control the abuse of powers on the part of the public functionaries and make their actions accountable. In this contextual perspective the Right to Information (RTI) is perceived as a linchpin of the machinery of Good Governance, responsibility, transparency and accountability.This research paper, interalia, highlights that Right to Information has a closest nexus with Good Governance in a country and minimize the nepotism and corruption in the society.Hence, in South Asian Countries Right to Information regime empowers the general public viz-a-viz Government actions and policies

RIGHT TO INFORMATION- A TOOL OF GOOD GOVERNACE

Corruption today is the greatest enemy of good governance and causing harm to democracy and development. People in India must bow their heads in shame as they are living in a country where every organ, activity and functions are conducted with corrupt practices. Whatever the number of institutions we create, they themselves become other dens of corruption. It seems that good governance and corruption cannot co-exist. If it cannot which is that element supporting such corrupt practices? The Answer is SECRECY. Secrecy in Government is the most important cause of corruption, inefficiency and irresponsiveness and an enemy to good governance. The purpose of this study to create the awareness in people about RTI. RTI has enabled people to participate in the process of development which has resulted in education of corruption and established an open and participatory governance system. Hence, in effect, RTI Reflects and promotes the social income interest of every citizen, particularly the poor, who are receiving the benefits of development as per their entitlements. RTI is potential tool which indicated with a view to expediting the process of human development.

Right to Information Act, 2005: An Analysis

Information constitutes as one of the seven specific aspects of good governance identified by the World Bank Report, 1992 entitled “Governance and Development”. Information and knowledge are the instruments of transformation because they enable public to engage their representatives and the bureaucracy on an ongoing basis and to participate effectively in the formulation and implementation of policies and activities purportedly for their benefit. An empowered citizenry in relation to the state tends to make administration more accountable and participatory as well as ensuring greater transparency and acting as a deterrent against the arbitrary exercise of official power.1