Right To Information

Democracy is no longer perceived as a form of government where the participation of people in restricted merely, to periodical exercise of the right of franchise, with the citizen retiring into passivity between elections. It has now a more positive and dynamic content with people having say in how and by what rules they would be governed. Meaningful participation of people in major issues affecting their lives is a vital component of the democratic governance and such participation can hardly be effective unless people have information about the way government business is transacted. Democracy means choice and a sound and informed choice is possible onlv. on the basis of knowledge about the various aspects of administration. A citizen can acquire this knowledge only if he has the right to be informed’.

Right to Information means the freedom of people to have access to government information. It implies that the citizens and non-governmental organisations should enjoy a reasonably free access to all files and documents pertaining to the governmental operations, decisions, and performance. In other words, it means openness and transparency in the functioning of government. Thus, it is antithetical to secrecy in public administration.

It is now widely recognised that openness and accessibility of people to information about the government’s functioning is a vital component of democracy. In all free societies, the veil of secrecy that has traditionally shrouded activities of governments is being progressively lifted and this has had a salutary effect on the functioning of governments. In most democratic countries, the right of the people to know is now a well established right created under law. It is a right that has evolved with the maturing of the democratic form of governance.

Needless to say, transparency and openness in functioning have a cleansing effect on the operations of public agencies. As it has been aptly said sunlight is the best disinfectant.

Why Is Right To Information Necessary?

A Right to Information is necessary due to the following reasons:

It makes administration more accountable to people.
It reduces the gap between administration and people,
It makes people aware of administrative decision-making.
It facilities better delivery of goods and services to people by civil servants
It facilities intelligent and constructive criticism of administration
It increases people’s participation in administration
It promotes public interest by discouraging arbitrariness in administrative decision-making.
It reduces the scope for corruption in public administration,
It upholds the democratic ideology by promoting openness and transparency in administration.
It makes administration more responsive to the requirements of people.
It reduces the chance of abuse of authority by the public servants.

Administrative Thinkers And Their Views On Right To Information

The following statements made by eminent administrative thinkers and practitioners highlights the importance of the right to information:

Woodrow Wilson : “I for one have the conviction that government ought to be all outside and not inside. I, for my part, believe that there ought to be no place where everything can be done that everyone does not know about. Everyone knows corruption thrives in secret places and avoids public places”.

James Madison: “People who mean to be their governors must arm themselves with power which knowledge gives. A popular government without popular information or the means of acquiring it is but a prologue to a farce or tragedy or perhaps both”.

Lord Acton : “Nothing is safe that does not show that it can bear discussion and publicity”.

Max Weber : “Bureaucracy naturally welcomes a poorly informed and hence a powerless parliament, at least in so far as ignorance somehow agrees with the bureaucracy’s interests”.

Justice Douglas of USA : “Secrecy in government is fundamentally antidemocratic, perpetuating bureaucratic errors. Open discussion based on full information and debate on public issues are vital to our national health”.

To sum up, in the words of Paras Kuhad, “the secrecy, system is less for safeguarding public or national interest and more for safeguards government’s reputation, burying its mistakes, maximizing its power, shielding its corrupt practices, and manipulating the citizens.”

Ensuring openness in government by providing access to information – the initiative of Great Britain: In Britain, in 1994, the Government’s Code of Practice on Access to Government Information came into force. It applies to all Departments and public sector bodies within the jurisdiction of the Parliamentary Ombudsman. According to the government the aims of the Code are to improve policy-making and the democratic process, to protect the interests of individuals and companies by ensuring that reasons are given for administrative decisions (subject to limited exceptions ) and to support, and extend the public service principles established under the Citizen’s Charter.

Under the Code, Departments are required to do five things: first, to publish the facts and analysis of the facts which the government considers relevant and important in framing major policy proposals and decisions, second, to publish, or otherwise make available, explanatory material on Departments’ dealings with the public.( that includes rules, procedures, internal guidance to officials and similar administrative manuals ) except where publication could prejudice matters ; third, to give reason for administrative decisions; fourth, to publish, in accordance with the Citizen’s Charter, full information about how public services are run, how much they cost, who is in charge and what complaints and redress procedures are available; and furnish, where possible comparable information about what services are being provided, what targets are set, what standards of service are expected and the results achieved; and finally to release, in response to specific requests, information relating to policies, action and decisions and other matters related to Departments’ areas of responsibility.

The Code offers members of the public genuine benefits in terms of obtaining information.

It is to be noted that the movement towards right to access of information is not confined to the developed countries alone. Similar trends have appeared in the developing countries as well. In our neighbourhood, Pakistan recently promulgated a Freedom of Information Ordinance. The South-African Constitution specifically provides the right to information in its Bill of Rights. thus giving it an explicit constitutional status. Malaysia operates an online data base system known as Civil Service Link, through which a person can access information regarding functioning of the public administration. There is thus a broad sweep of change towards openness and transparency across the world.

Right To Information – The Indian Experience

The Constitution of India has no direct provision expressly transferring the right to information to the citizens. However, the Supreme Court has been’ stating since 1975 that the right to information is an intrinsic part of the right to freedom of speech and expression guaranteed under Article’19(1)(a) of the Constitution of India.

In India, various laws and rules restrict the disclosure of official information to the people and thus favours secrecy in administration. Some of them are:

Official Secrets Act, 1923
Indian Evidence Act, 1872
Commission of Enquiry Act, 1952
All-India Services (Conduct) Rules, 1954
Central Civil Services ( Conduct ) Rules, 1955
Railway Services (Conduct ) Rules, 1956.

The Fifth Pay Commission ( 1994-1997) recommended for the abolition of the Official Secrets Act and the introduction of Right to information Act.

As mentioned earlier, universally there have been demands for greater transparency in administration. In our own country, we have not been immune to these winds of change. There have been demands for greater openness and transparency in administration since the advent of independence. The demands became more organised and explicit with a dharna launched by the Mazdoor Kisan Shakti Sanghatan in Rajasthan in 1996. Their motto was the right to know is the right to live. The organisation received support from many quarters and within a short period of time it got converted into a movement called the national campaign for peoples Right to Information. The movement among other things has been demanding the passage of the Right to Information Act at both the Central and State levels.