This article is about a powerful instrument which you can all use to change the world as a citizen of India and more importantly as being a part of a democratic environment,the instrument is none other than RTI or the Right To Information Act.
Margaret Fuller,one of the eminent women rights activists once said,''If you have knowledge let others light their candles by it.'' This is the philosophical underpinning of the freedom of information or the RTI. We all know that citizens participation is one of the main ingredients for a successful democracy. It is very important to make information available and put up government records for scrutiny under the control of public authorities.These factors led to the facilitation of a legislative mechanism called the RTI Act. RTI can be defined as an Act of the Parliament of India,''to provide for setting out the practical regime of right to information for citizens''.The act expressly mandates that every public authority shall provide reasons for its administrative and quasi-judicial decisions in order to promote transparency and accountability.
REASON BEHIND THE ENACTMENT OF THE RTI ACT, 2005:
Many maladies including corruption, delays in the works of public authorities, mal-administration, mismanagement etc.made the life of a common person very difficult.In order to curb these maladies in public offices and to promote transparency and accountability amongst the public officers, the Parliament enacted this legislation.Prior to the passage of RTI Act, there existed a legislation called OFFICIAL SECRETS ACT, 1923 which made almost impossible for a citizen to obtain information regarding the working and performance of a public officer.Under the guise of this act red-tapism, malpractices, highhandedness and deep rooted corruption flourished. Thus, the RTI has been given an overriding effect over the provisions of the Official Secrets Act,1923 or any other law for the time being in force.(Section 22 of the RTI Act).By providing the opportunity to the citizens to access information relating to public authorities, The RTI Act has indeed strengthen the Indian democracy.The preamble of the Act clearly states that it intends to harmonize the need to keep certain matters secrets but at the same time reiterating the paramountcy of the right to know.
DEMAND FOR THE RTI ACT:
So the demand for RTI came from a civil society group, Mazdoor Kisan Shakti Sangathan (MKSS) led by Aruna Roy, Nikhil Dey along with poor villagers in Beawar, Rajasthan who resorted to dharna,demanding reasons for non-payment of wages to workers.This led to foundation of RTI movement.National Campaign for People's Right to Information (NCPRI) and Press Council of India formulated the draft of RTI in 1996. Government finally introduced Freedom of Information Bill in Parliament in 2002, but unfortunately it could not become an Act. In 2004, UPA Government initiated drafting of RTI under National Advisory Council (NAC),with Aruna Roy acting as a torch-bearer for RTI Act formulation. When the bill was introduced for the first time, it was to apply only to the Union Government . NCPRI forced government to review and introduce it with many amendments.Finally, the RTI Act was passed on 13th October, 2005 in Parliament. This led to re-establishment of faith in democracy. In this way, RTI has led to a major shift in governance culture and has tried to transfer the power of democracy into the hands of people.
SOURCE OF RTI ACT:
The source of right to information emerges from the fundamental rights under Article 19(1)(a) of the Constitution of India.In the case of State of Uttar Pradesh Vs. Raj Narain & Others, AIR 1975, the Honorable Supreme Court has ruled that the Right to Information is an intrinsic part of the fundamental right to free speech and expression guaranteed under Article 19(1)(a) of Constitution of India.Such right is subject to reasonable restrictions under Article 19(2) of Constitution of India. The RTI Act,. 2005 was thus enacted to consolidate the fundamental right of free speech.
WHAT IS THE MEANING OF THE WORD ''INFORMATION''?
The concept of information under the Act has been given a wide scope.The act defines information as any material in any form including records,documents,memos,emails,opinions,advice,orders,press releases,data materials held in any electronic or non-electronic form which can be accessed from a public authority within 30 days from date of request.If information is a matter of life and liberty of a person,it can be obtained within 48 hours from the date of request.Since it is the key of the Act, its various connotations, forms and dimensions have been incorporated in the Act.
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