Central Government Initiatives For Right To Information

Central Government Initiatives For Right To Information

The need to enact a law on right to information was recognised unanimously by the Chief Ministers Conference on “Effective and Responsive Government” held on 24th May, 1997 at New Delhi. In its 38th: Report relating to Demands for Grants of the Ministry of Personnel, Public Grievances and Pension, the Parliamentary Standing Committee on Home Affairs recommended that the Government should take measures for enactment of such a legislation.

In order to make the Government more transparent, and accountable to the public the Government of India appointed a Working Group on Right to Information and Promotion of Open and Transparent Government under the Chairmanship of Shri H.D. Shourie. The Working Group was asked to examine the feasibility and need for either full-fledged Right to Information Act or its introduction in a phased manner to meet the needs of open and responsive Governance and also to examine the framework of rules with reference to the Civil Service (Conduct) Rules and Manual of Office Procedure.

Initiatives at the Central level began in 1997 with the Common Minimum Programme of the government. The Common Minimum Programme of the government, in 1997, specifically mentioned its commitment to introducing a Bill on Freedom of Information. In their 38th Report on demands for grants of the Ministry of Personnel, Public Grievances and Pensions, the Parliamentary Standing Committee on Home Affairs has strongly recommended that the Ministry may take up the matter urgently to facilitate early enactment of a Right to Information Act. The bureaucracy has also realised the inevitability of openness and transparency. A consensus emerged in the Conference of Chief Secretaries, held in November, 1996, on the need for an early enactment of law on Right to Information.

On January 2nd 1997, The Department of Personnel of the Central Government, set up a working group to examine the feasibility of a full fledged Right to Information Act. The working group was headed by Shri H.D.Shourie as Chairman. While reiterating the need for a right to information act, the group produced a draft bill which took the shape of Freedom of Information Bill 1997. In 2002, the Parliament enacted a Freedom of Information Act (2002). Later, it was observed that there were certain lacunae in the act. The lacunae were sought to be removed by introducing certain changes. After incorporating these changes a new act has been passed called as the Right to Information Act (2005).

The Right To Information Act (2005)

The Right To Information Act seeks to provide every citizen the freudom to secure access to information under control of public authorities, consistent with public interest.

The following are some of the salient provisions of the Act:

1. All citizens shall have the right to information (subject to the provisions of the act)
2. Every public authority shall provide information and maintain all records consistent with the operational requirement duly catalogued, indexed, and published
3. The Central Government shall constitute an Central Information Commission to imitamana he Act. The Central Information Commission shall consist of a Chief Information Commissioner and Central Information Commissioners.
4. Every state government shall constitute a State Information Commission which shall be similar to the Central Information
5. Central and State Information Commissions will be independent high level bodies to act as appellate, authorities and vested with the powers of a civil court.
6. The Chief Information Commissioner and Information Commissioners shall be appointed by the President on the recommendations of a committee consisting of the Prime Minister, the 191110Leader of the Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister.
7. The persons to be appointed to the Central Information Commission shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.
8. The Chief Information Commissioner and the Information Commissioners shall hold office for a term of five years or till they attain the age of 65 years. The salaries and allowances shall be similar to that of the members of the Election Commission. 
9. The Act imposes obligation on public agencies to disclose the information suo-motu to be reduce requests for an information. Every public authority shall publish the basic information regarding its activities within the time frame stipulated in the act (120 days from the enactment of the act ). This information shall include a directory of its officers and employees, their powers and duties, the procedure followed in the decision-making process etc.
10. All requests for information shall be made in writing to the concerned information officer. The information officer shall within 30 days (deadline is 48 hours if information concerns life or liberty of a person) provide the information or reject the request for information. In case the request is rejected, the reasons for the rejection shall be communicated.
11. Their shall be no obligation to give any citizens certain categories of information. Such categories include :
    • information, the disclosure of which would prejudicially affect the sovereignty and integrity of India, the security or economic interests of the State.
    • Information which has been forbidden to be published by any court and tribunal
    • information received in confidence from a foreign government
    • cabinet papers etc.
12. Information regarding intelligence and security organisations established by the Central Government like the intelligence bureau, research and analysis wing, BSF, CISF, NSG. directorate of revenue intelligence etc. is exempted from the purview of this Act. However, information pertaining to allegations of corruption or violation of human rights by these organizations will not be excluded.
13. The Central Information Commission or the State Information Commission shall after the end of the each year prepare the report on the implementation of the provisions of this act and forward a copy thereof to the appropriate authority.
14. The Act overrides the Official Secrets Act, 1923. The information commissions can allow access to the information if public interest outweighs harm to protected persons
15. It carries strict penalties for failing to provide information or affecting its flow. The erring officials will be subject to departmental proceedings.
16. The information commission shall fine an official Rs, 250 per day ( subject to a maximum of Rs. 25,000 ) if information is delayed without reasonable cause beyond the stipulated 30 days.
17. The procedure of appeal in case the information is denied is like this – first appeal to superior of public information officer, second appeal to information commission, and third appeal to a high court.
18. Information will be free for people below poverty line. For others, fee will be reasonable.

The Right to Information Act 2005 is a major improvement over all the previous efforts. Its enactment is a tribute to the efforts of the civil society organisations

Recomendations Of The Second Administrative Rreforms Commission On The Right To Information Action

The Second Administrative Reforms Commission which was constituted in 2005 under the chairmanship of Shri. Veerappa Moily, has made has made significant recommendations on the Right to Information in its First Report. The report is entitled “Right to Information’ – Master. Key to Good Governance’. Some of the important recommendation are :

1. The Official Secrets Act 1923 in its current form is antiquated and unsuitable to the emerging needs. This act should be repealed and substituted by a chapter in the National Security Act, containing provisions relating to official secrets.
2. Suitable amendments should be made in the Indian Evidence Act 1872, the code of civil procedure 1908 and the Code of Criminal Procedure 1973, to facilitate effective dissemination of information.
3. Documents should be classified as Top secret, Confidential, Secrét, Restricted, etc. Documents classified as Top secret should remain so classified, as long as required, but not exceeding 30 years. Similarly, documents classified as Confidential and Restricted should remains so for a period not exceeding 10 years.
4. The Central Information Commissioner should establish four regional offices of the Central Information Commissioner with the Commissioner heading each office.
5. Atleast half of the members the Information Commissions should be drawn from Civil Services background.
6. A National Coordination Committee ( NCC) may be set up under the Chairpersonship of

   the Chief Information Commissioner with the Nodal Union Ministry (i.e., the Department of Personnel and Training) the State Information Commissions and Representatives of the States as members. This committee will serve as a national platform for effective implementation of the Act.