RIGHT TO INFORMATION ACT - PART ONE
Right to Information Act, 2005: A Comprehensive Introduction
The Right to Information Act, 2005 (RTI Act) is popularly known as the 'RTI Act'. This legislation plays an extremely vital role in strengthening Indian democracy. Over time, the scope of fundamental rights provided in the Constitution has continued to expand.
A time came when the right to information was recognized as a fundamental right. The right to know is a human right of every individual and is also a fundamental right mentioned in the Constitution of India, having been made a part of Article 19.
To ensure that this right does not remain merely a theoretical proclamation but is brought into actual practice, the Right to Information Act, 2005 was crafted by the Parliament of India.
Corruption has been a major problem in India, with cases related to corruption in public departments surfacing frequently. Numerous anti-corruption laws were enacted in India; this Act is a crucial link in that chain. Through this legislation, an attempt has been made to overcome the problem of corruption.
This Act empowers every citizen of India with the right to obtain any public information—whether it directly concerns them or not—from the officials of the Government of India. A complete framework has been established under this Act to make this right operational.
Constitutional Framework
After gaining independence, India emerged with a written Constitution and a liberal democratic political system, the rule of law, social justice development, adult suffrage, timely elections, and a multi-party system. For the transparent functioning of the democratic political system, the framers of the Constitution included provisions for the right to expression under the Fundamental Rights in Part III.
Significant Judicial Decisions (Case Laws)
Bennett Coleman v. Union of India, AIR 1973
It was decided that the right to information is included under the right to freedom of speech and expression guaranteed by Article 19(1)(a).
State of Uttar Pradesh v. Raj Narain, AIR 1975
Justice K.K. Mathew explicitly laid down that covering ordinary routine business with a veil of secrecy is not in the interest of the general public. The responsibility of officials to explain and justify their actions is the main safeguard against oppression and corruption.
People's Union for Civil Liberties v. Union of India, 2004
The status of the right to information as a human right was further expanded, emphasizing that it is essential for making governance transparent and accountable. It also stressed the importance of participation in governance.
Movement and Struggle
Public hearings (Jan Sunwai) are the starting point for the Right to Information movement in India. The weapon of public hearings was first initiated by the MKSS in rural parts of Rajasthan. The Mazdoor Kisan Shakti Sangathan started a series of public hearings on rural development activities.
Some state governments, such as Goa (1997), Tamil Nadu (1997), Rajasthan (2000), Karnataka (2000), Delhi (2001), Assam (2002), Maharashtra (2003), beetle (2003), and Jammu and Kashmir (2003), had enacted their own Right to Information Acts prior to the central legislation.
TO BE CONTINUED...
In Part 2, we will dive deep into the essential sections, timelines for receiving information, and the appeals process under the Act.