RIGHT TO INFORMATION ACT ,

2005 : A REVOLUTION

Summer Internship 2019

Submitted to: Submitted by:

Shri Yashvardhan Kumar Sinha Vaibhav Mittal
Information Commissioner B.A.LL.B.(Hons.)
Banaras Hindu University
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 Table of Contents
Acknowledgement…………………………………………………………..……3
Abstract……………………………………………………………………….…..4
Introduction…………………………………………………………………….....5
History of RTI Act………………………………………………………………..5
What is Information………………………………………………………………7
RTI Act : A Revolution…………………………………………………………...8
Important judicial pronouncements with reference to RTI………………………16
Suggestions………………………………………………………………………17
Conclusion……………………………………………………………………….20

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 Acknowledgement
The author owes deep gratitude to Deputy Registrar , Shri Ram Parkash Grover , who with his
guidance and support, allowed me to witness the practical application of the RTI Act , 2005
through hearings and enhanced discussions. The author is also extremely thankful to Hon’ble
Information Commissioner , Shri Yashvardhan Kumar Sinha and Legal Consultants who
furthered my understanding of RTI Act and clarified every important facet of the Act and the
procedure hereunder. Each of them not only provided a thoughtful and insightful working of the
commission but also the right ambience to work and learn. The time spent at CIC as an intern
provided a wealth of experience and learning, which the author feels privileged to have and shall
be indebted to all who have helped during the internship.

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 Abstract
The free flow of information is must for a democratic society as it helps the society to grow and
to retain a continuous debate and discussion among the people. No democratic government can
survive without accountability and the basic postulate of accountability that is the people should
have information about the functioning of the government. Gone are the days when public
dealings were kept in strict secret, a practice which often led to corruption, misuse and abuse of
statutory and administrative power. In recent years, there has been an almost unstoppable global
trend towards recognition of the right to information by countries, intergovernmental
organisations, civil society and the people. The right to information has been recognized as a
fundamental human right, which upholds the inherent dignity of all human beings. The right to
information forms the crucial underpinning of participatory democracy – it is essential to ensure
accountability and good governance. Disclosure of information in regard to the functioning of
the government must be the rule and secrecy an exception. The Right to Information Act, 2005
was passed for making the government transparent and more accountable; the effective use of it
would, in a long run, curb corruption. In a responsible Government like ours where all the agents
of the public must be responsible for their conduct, there could be no secrets. There has been no
vehicle available for individual citizens to impact the governance structure. In a system reeking
with corruption and becoming increasingly insensitive to the problems of the disadvantaged
Citizenry, the Right to Information has shown promise of empowering Citizens to get
accountability and act as an enforcer of good governance.

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 Introduction
Okay , think of a situation where you are preparing for any competitive exam , worked hard ,
appeared for the same and in the exam your attempt was good . Thinking that you will clear the
written (after verifying from answer key ) , you started preparing for next phase and when the
result came out your name was not in the list !! shattered dismayed right ? now here comes the
RTI to save your day ! You can file RTI under section 6(1) 1 and get all the details regarding that
exam . However this was just one situation . RTI has proven its potential to check corruption and
create accountability in the past.

What is RTI act?

“Where a society has chosen to accept democracy as its creedal faith, it is elementary that the
citizens ought to know what their government is doing.” -Justice P N Bhagwati
Right to Information (RTI) is act of the Parliament of India to provide for setting out the practical
regime of the right to information for citizens and replaces the erstwhile Freedom of Information
Act , 2002.2 Under the provisions of the Act, any citizen of India may request information from a
"public authority" (a body of Government or "instrumentality of State") which is required to
reply expeditiously or within thirty days. The Act also requires every public authority to
computerise their records for wide dissemination and to proactively certain categories of
information so that the citizens need minimum recourse to request for information formally.
This law was passed by Parliament on 15 June 2005 and came fully into force on 12 October
2005. Every day, over 4800 RTI applications are filed. In the first ten years of the
commencement of the act over 17,500,000 applications had been filed.3
History of RTI Act…
Right to Information (RTI) is an index to measure the growth and development of a country. In
India, till 2005, the citizens had no access to any information which was dealt by a Public
Authority. Matters effecting public interest was not easy for a common man to get accessibility.
Thus, without getting relevant information it was difficult for a citizen to participate in any
social, political or economical debate concerning the issues or interest of the country.
However, with the growing consciousness of participatory democracy, the inbuilt desire to know
and participate in the matters concerning the country or own self, reached a new height
that paved the way in which it could be ascertained and ensured was through bringing the
objective of transparency and accountability in the administration. In the International arena,
the need to disseminate information was hugely felt and the first ever RTI law was enacted by
Sweden in 1766, largely motivated by the parliament’s interest in access to information held by
the King. The Swedish example was later followed by the US, which enacted its first law in 1966
and then by Norway in 1970. Similarly, several western democracies enacted their own laws

1 indiankanoon.org
2 www.wikipedia.com
3 HARMA, NIDHI (6 October 2016). "1.75 crore RTI applications filed since 2005: Study". The Economic Times.
Retrieved 7 April 2018.

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(France and Netherlands 1978, Australia, New Zealand and Canada 1982, Denmark 1985,
Greece 1986, Austria 1987, Italy 1990).4
By 1990, the number of countries with Freedom of Information (FOI) laws climbed to thirteen. A
big step forward was the European Union Charter of Fundamental Rights in 2000, which
included both freedom of expression and the right of access to documents. By 2010, more than
eighty five countries had national-level RTI laws or regulations. In Asia so far almost 20
nations have adopted FOI laws like Kazakhstan, Afghanistan, Bhutan, Maldives etc.
The journey to grant this sacred right was never an easy one. In the life of Indian Republic, the
first political commitment to citizen’s right to information came up on the eve of the Lok Sabha
election in 1977 as corollary to public resentment against suppression of information , press
censorship and abuse of authority during the internal emergency of 1975-77.
The Morarji Desai led Janata party government of 1977 in its election manifesto promised an
open government, and declared that it would not misuse the intelligence services and
governmental authority for personal and partisan ends. Pursuant to this commitment, Morarji
Desai constituted in 1977 a working group to ascertain if the Official Secrets Act, 1923, could be
modified so as to facilitate greater flow of information to public. But the working group brought
out a ‘no change’ recommendation shutting the doors to transparency and openness.
In 1986, the Supreme Court in the famous case of L.K. Koolwal v/s State Of Rajasthan And Ors. 5
gave a clear cut direction that the Freedom of Speech and Expression provided under article 19
of the Constitution clearly imples Right to Information as without information the freedom of
speech and expression cannot be fully used by the citizens.
In 1989, the National Front Government’s renewed its commitment to right to information. It
was an outcome of people’s frustration over the earlier government’s reluctance to part with the
information relating to Bofors and other deals. Reiterating this commitment, the then Prime
Minister V.P. Singh, in his first broadcast to the nation in 1989 said, “We will have to increase
access to information. If the government functions in full public view, wrongdoings will be
minimized. To this end, Official Secrets Act will be amended and we will make the functioning
more transparent. Right to information will be enshrined in our Constitution.” Sadly despite such
strong commitment, there was actually no headway towards transparency and openness in
governmental functioning due to early fall of the National Front Government.
In 1994, Mazdoor Kisan Shakti Sangathan(MKSS)[an organization for worker’s rights] started a
grassroots campaign for Right to Information – demanding information concerning development
works in rural Rajasthan. The movement grew and the campaign resulted in government of
Rajasthan enacting a law on Right to Information in 2000.
In 1996, National Campaign for People’s Right to Information(NCPRI), one among several civil
society groups, was founded with the objective of getting legislation on RTI passed. In 1997,
Tamil Nadu became the first state in India to passed a law on Right to Information. In pursuance
with the commitment of National Democratic Alliance, the new coalition to implement its
National Agenda on Governance, introduced the Freedom of Information Bill, 2000 in the
Parliament. After having been pending for about 2 years the bill was finally passed by the

4 Briefing Paper, Analyzing the Right to Information Act in India, CUTS International, (24/08/2016, 2.02pm),
http://www.cuts-international.org/cart/pdf/Analysing_the_Right_to_Information_Act_in_India.pdf
5 AIR 1988 Raj 2, 1987 (1) WLN 134

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Parliament on 4th December, 2002 and it received the assent of President of India on 6 th January ,
2003.
Meanwhile, instead of waiting for a central legislation, half a dozen states have enacted a laws on
RTI Act. These include Goa(1977), Tamil Nadu(1977), Rajasthan(2000), Maharashtra(2000),
Karnataka(2000), and Delhi(2001).
In 2004, the UPA government appointed a National Advisory Council to monitor implantation of
government schemes and advise government on policy and law. NAC recommended changes to
the existing Freedom of Information Act, 2002. RTI Bill 2004 was tabled in Parliament as
applicable only to the Union Government. The civil society protested against the bill as most of
the information required by the common man was from state governments. After heavy lobbying
by NCPRI and other organizations the RTI Act, 2005 was passed with 150 amendments.6
What is Information?
Under the RTI Act, 2005 "information" is defined under Section 2(f), which provides :
"information" means any material in any form, including records, documents, memos, e-
mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, report, papers,
samples, models, data material held in any electronic form and information relating to any
private body which can be accessed by a public authority under any other law for the time
being in force. This definition shows that an applicant under Section 67 of the RTI Act can get
any information which is already in existence and accessible to the public authority under law.
Of course, under the RTI Act an applicant is entitled to get copy of the opinions, advices,
circulars, orders, etc., but she cannot ask for any information as to why such opinions, advices,
circulars, orders, etc. have been passed, especially in matters pertaining to judicial decisions. 8

6 https://selflearn.co/pick-of-week-post/right-to-information-rti-act-2005-for-upsc-civil-services-exam/
7 supra note 1
8 blog.onlinerti.com

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 RTI Act : A Revolution
In order for citizens to participate effectively in the democracy, they need information about
government. Right to Information plays a very important role in providing information about
numerous things.

Good Governance

RTI has played a vital in the governance of India. It is important for people to take a meaningful
part in the affairs of the society. The people who paid taxes to finance public activities and voted
for the formation of democratically elected Governments have legal rights to know as to what
process has been followed by the government. It refers to the availability of information to the
general public and provides clarity about the functions of government. It is an important tool for
social development and governance, it gives stringent punishment to guilty officials as well as
awareness among the people for proper use of RTI. Right to Information helps in fulfilling these
objects, and it is a natural corollary of good governance. Good Governance basically has 4
elements:

 Transparency

 Accountability

 Predictability, and

 Participation

Link between the RTI and Good Governance

The act has an emphasis on good governance, the major elements have been identified,
encouraging people’s participation in the development process, transparency, accountability and
reduction in corruption.

Greater transparency

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Public authority under section 4(1)(d) of the Act is required to provide reasons for its
administration and a quasi-judicial decision to the affected person, to facilitate information a
citizen has under section 2 (j) of the Act, the right to:

 Taking notes, abstract or certified copies

 Obtaining information in electronic form, if available.

 Inspect of work and documents, and

 Taking certified sample of material

Greater accountability

Every public authority is required to provide a reason for its administrative decision to the person
who is affected under section 4(1)(d) of the Act. The worldwide governance indicators report on
6 dimensions of governance for over 200 countries.

 Government effectiveness

 Political stability and absence of violence

 Rule of law

 Regulatory quality

 Voice and accountability

 Control on corruption9

RTI cases under good governance

Prabhu Dutt vs, Union of India & Ors10

9 https://www.legalindia.com/wp-content/uploads/2013/03/RTI.pdf
10 1982 SCR (1) 1184

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The Supreme Court held that the right to know news and information regarding administration of
Government is included in the freedom of the press.

SP Gupta vs. Union of India11

In a country like India which is committed to a socialistic pattern of society, right to know
becomes the necessity for poor, illiterate, and ignorant masses.

Impact of RTI in rural area

The new legislation bought accountability, responsibility, and sensitivity to the development
process in the rural area. The people of the rural area are less aware of knowing and exercising
their rights which results in a high rate of corruptions. An important feature that distinguishes the
Right to Information from other rights is that it is rooted in struggle, justice, and concern for the
survival of most disadvantaged rural area. The act influences the rural people to come forward
and take the information about the progress of various welfare scheme. RTI is creating a positive
change in the backward area of:

 Rajasthan

 Uttar Pradesh

 Bihar, Jharkhand

 Madhya Pradesh

 Karnataka

 Assam, and

 Maharashtra

11 AIR 1982 SC 149

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In Devdungri village, Rajasthan, the first battle to fight corruption by collecting information
from public authorities. Aruna Roy, an IAS officer who left her job for the betterment of the
people who belong to the village and often cheated because of their illiteracy. Aruna Roy in 1987
along with Nikhil Dey and Shankar Singh founded the Mazdoor Kisan Shakti Sangathan
(MKSS). In 1994 MKSS entered into a new phase breaking new grounds in fighting corruption
through the new methodology of jun sunwais (public hearing) this movement shook the
foundation of traditional monopoly and corruption of the state bureaucracy because of this the
RTI Act that made access to official records available which helped the organization ‘Jun
Sunwais’.

RTI is useful for students

In the level or corruption and accountability, the Act has brought positive changes. Students
appearing for any competitive or board examination if not convinced with their marks can
demand their original sheets under RTI.

RTI for marksheet evaluation and checking answer sheets

RTI for students enables them to check their sheets and file a report if mistakes are found if the
correction of the answer sheet. The Supreme Court of India has specifically ruled that students
who want to inspect their answer sheet will be allowed to do so under the RTI Act. Before the
existence of RTI Act, students were only allowed to apply for re-totaling but could not ask for the
revaluation of their answer sheet.

RTI for students is useful in competitive exams which follow the OMR method of
answering

RTI for examination which involved Optical Mark Recognition (OMR), the following
information can be obtained:

 A copy of OMR sheet

 Marks for all sections, along with the marks received in each.

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  Cut-off marks for the category, and for all categories.

 The answer key to compare with the OMR.

RTI is useful for students with regards to educational institution

Students may ask their queries, also about the degree and mark sheets which have been issued by
the government. Private universities do not fall under the purview of RTI so students can file the
application to public information branch of the concerned state where the institution is
established and request them to verify the mark sheet which is issued.12

Students filing RTI

Gayatri Vishwakarma vs. Union of India

In the above case, the petitioner has been given the admission by the University. After following
the procedure and after completion of the course of four years, the University did not issue the
mark sheet to the student. The student filed the RTI application then she came to know that the
University has no recognition to conduct the courses, in which she had been given admission by
the University.13

In CBSE &Anr. Vs. Aditya Bandhopadhyay & Ors14 , the Supreme Court held that an “answer
sheet is an information under Section 2(f) 15 of the RTI Act and therefore, examinees/students
have a fundamental and legal right of having access to their answer sheets under RTI Act.”

Useful for prisoners who seek information under RTI

A prisoner can seek information using their rights about the facilities being made available to
them in jail. Nothing can stop a prisoner to seek information under the Right to Information Act.
The aim of RTI is to ensure the transparency and accountability in the function of public
authority.
12 http://blog.onlinerti.com/2016/12/27/how-can-students-benefit-from-rti/
13 https://indiankanoon.org/doc/85482914/
14 (2011) 8 SCC 497
15 https://indiankanoon.org/doc/1516599/

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An undertrial prisoner…

Prisoner of Hyderabad Central who was under trial filed an application with Securities and
Exchange Board of India (SEBI) under the Right to Information Act (RTI) for details of the
complete list of stock exchanges in India with a copy of their procedural guideline, policy,
manual, rules, and regulation, etc. The applicant mentioned that he had no proper source of
income and should be considered as a person below poverty line (BPL) and information should
be provided to him free of cost. In the reply, the public information officer (PIO) of SEBI asked
the applicant to submit a proof of being BPL against which the applicant approached the First
Appellate Authority (FAA) reiterating his stand. City Civil Court and a District Court judge took
notice of earlier judgments, the FAA ruled that the appellant, being prisoner of the jail, is entitled
to free information under RTI if considered as the person below the poverty line. The PIO was
asked by FAA to provide the information about stock market including study material, free of
cost to appellant. There is no necessity to have a certificate regarding income from the competent
authority to treat prisoner below the poverty line in case of an under trial.16

Tihar prisoners filing RTIs to get information

The prisoners’ headquarters, which houses senior officials who carry out administrative work,
get two query every day on an average. More than 70 applications were received by them in the
month of December 2017, in January 2018 it was 59. Prisoners are exempt from paying RTI
applications. Those who are seeking information at Tihar jail is no shortage of help for them.

Useful in knowing the decision taken by the government/public funded

organization

RTI grant citizens legal right to access information held by their government and know about the
functions of government. RTI gives right to know the reason behind any decision which is taken
by the government. Over the last 14 years, the RTI has been used rapidly by ordinary citizens to
demand information from the government.

Useful to expose abuse of power/authority, arbitrary, decision making etc.

16 http://www.rtifoundationofindia.com/information-be-provided-free-under-trial-prisoner-
3000#.Wo5Ls1pubIU

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Whenever there is corruption in any decision which is taken by the government, to prove such
deviation it is important to get all the information and RTI gives the right to the citizen to receive
the information regarding the decision taken by the government.

The citizen can ask for:

 The copy of complete file related to the project.

 Copy of bills

 Copy of voucher

 Copy of tender document, etc.

It helps citizens to know about the document which is created and maintained by the government
while taking various decisions. Including the right to seek, receive, and impart information it
provides all citizens right to freedom and expression and a guarantee now considered to include
an obligation of openness on the part of the government.

Useful to know how the public funds are being utilised

On 6 September 2011, Krishan Lal, a resident of Mumbai asked information from Public
Information Officer (PIO) regarding whether Public Health Foundation of India (PHFI) is a
public authority under RTI Act or not. PHFI claimed that it was not covered under the provision
of RTI Act so there was no scope for the complainant to use the appeal procedure mentioned in
the RTI Act, and under section 1817 of RTI Act, the bench treated the matter as a complaint. It
was recognized by the Supreme Court of India that the right to information is a fundamental right
of every citizen of India under Article 19(1) of the Constitution of India. This fundamental right
was codified by RTI Act that every citizen shall have the right to information, subject only to the
provision of the RTI Act.

Transparency and Accountability

17 https://indiankanoon.org/doc/1083556/

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“Improving Transparency and Accountability in government through effective implementation of
the Right to Information Act” it is the centrally sponsored scheme which was launched in August
2010. It aims to contribute more transparent and accountable government. In the current
scenario, RTI is bringing up the transparency and accountability in India. On an average, every
year 5 to 8 million RTI queries are filed.

RTI can challenge corruption and arbitrary action taken by public servant

RTI is a tool to fight against corruption. RTI empowers the people of India against administrative
corruption, unresponsive attitude, and irregularities. Every citizen of India is empowered to
question, review, audit, assess and examine the government decisions and acts to ensure that
decisions are taken in public interest. Through this corruption can be exposed and also bring light
to those officials who are not doing their duties. Particularly in India the RTI has been seen as
part of the anti-corruption. People can check any misappropriation and ask information about
project and plans.

Information can be sought on the following

 Demand for the information related to the progress made on any complaint filed by a
citizen.

 Demand for inspection of any social development work which is in progress or

completed.

 Demand for inspecting a government document, register, and records.

 Demand for a sample of material used for construction, drains, and buildings.

Corruption and Human right violation

As per section 2418 of the RTI Act, information pertaining to allegations of corruption and the
human right violation is not exempt from disclosure and the information should specifically in

18 https://indiankanoon.org/doc/1767825/

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relation to ongoing departmental victimization, which is a clear case of human rights violation
and corruption.19

Case: Dr. Amitabh Kumar vs. Indo-Tibetan border police force20

In the above case, it was held that it is the responsibility of any public authority to any
correspondence let alone an RTI application even if the information is refused, providing
information of such refusal. Officials will be liable to the penalty in accordance with section 20
(1)21 for obstructing any manner furnishing an information sought under the RTI Act.22

Important judicial pronouncement with reference to RTI

Judiciary has given the various aspects in order to understand the effectiveness of the
fundamental right:

*Bennett Coleman v. Union of India23

In the above case right to know was realized as a fundamental right for the very first time and
consequently, the Supreme Court ruled that the right to freedom of speech and expression
guaranteed by article 19 (1) (a) which includes the right to information.

*State of UP v. Raj Narain24

In the above case, Supreme Court held that right to receive information from electronic media
was included in the freedom of speech.

19 http://ijldai.thelawbrigade.com/wp-content/uploads/2018/01/Aparajita.pdf
20 CIC/WB/A/2009/00556
21 https://indiankanoon.org/doc/291269/
22 https://indiankanoon.org/doc/181521976/
23 AIR 1973 SC 106
24 1975 (004) SCC 0428 SC

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*People’s Union for Civil Liberties v. Union of India25

In the above case, it was stated that the right to information was further elevated to the status of a
human right which is necessary to make government accountable and transparent.26

Suggestions
The significant achievements of our country that make us proud could be education, information
technology, nuclear tests, satellite. But the implementation of Right to Information Act is the
most important achievement of independent India because all the other achievements as said
above can be fully enjoyed if we have freedom to information. In pre independent arena the
britishers sucked the blood of Indians. In the post independence era the politicians and the
bureaucrats have encroached our freedom. Earlier Indians were ruled by the britishers and now
by its politicians. Successful implementation of Right to Information Act would give Indians the
freedom in true sense of the term.

General Suggestions

1. Most of the political leaders collect huge amount of funds and accumulate a lot of properties
by means of some supporting corrupt officials under various departments appointed in their
areas. These officers do not try to disclose the records to the public. Under such circumstances,
Right to Information Act is expected to break the vicious and unethical relations among some

25 2003(001)SCW 2353 SC
26 http://docs.manupatra.in/newsline/articles/Upload/AC9CD2C7-B8AD-4C5A-B910-
3751BFE5CB28.pdf

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immoral politicians, dishonest contractors and corrupt bureaucrats. Hence it is suggested to make
use of this Act as an instrument to achieve true democracy in India.

2. Awareness and consciousness among the people are the pre-requisites of the success of this
Act. How far the base level administration will be corruption free and will be able to maintain
transparency that depends on the complete awareness among the people. It is therefore suggested
to the people to achieve a desired level of awareness for effective implementation of Right to
Information Act.

3. Abusing of provisions, frivolous allegations, and asking for information with no specific intent
may result in putting authorities into embarrassment and killing their time and energy to no
effect. It is suggested to the general public to ask for sensible information with a good intention.

4. In spite of the existence of some operational problems, the success of the mission - Right to
Information Act depends largely on how the people are united , organised and aware of their
surroundings and their preventive capacity to fight against corruption and unlawful activities. It
is thus suggested to the people to be united and organised in order to make this Act successful.

5. People seeking redressal of their civic issues can visit the Right to Information clinics
established by the government. These clinics act facilitation centre for dissemination of
information.

Specific Suggestions Related To Public Information Officers

1. The Public Information Officers at the institutions providing information are found busy with
number of other activities other than providing information. The Public Information Officers thus
appointed should perform gathering and disseminating of information as their prime job.

2. A stitch in time saves nine which means a timely effort prevents more work later. Hence it is
suggested that the Right to Information authorities should adhere to section 7 27 of the Act which
expects to provide the information as expeditiously as possible. This suggestion is given as it is
observed that the officers try to dispose off the request for information within a month.

3. The delay in providing information due to the loose connections between levels of
implementers needs to be avoided. There should be co-operation among the different levels of
officers involved in providing information. This will avoid the harassment caused to the general
public to give the application to the concerned Public Information Officer.

4. It is suggested that every public authority should computerise their records for wide
dissemination and to proactively publish certain categories of information so that the citizens
need minimum recourse to request for information formally.

27 https://indiankanoon.org/doc/1831074/

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5. In case of illiterate applicants the request cannot be made in writing. The officers in such a
case should render all reasonable assistance to the person making the request orally to reduce the
same in writing.

6. To be on a safer side, it is advised to the officers to provide the information which is brief, true
and easily understood by the citizens. This will avoid further complaints resulting into wastage of
time, energy and money. If some rules, references, bye-laws are to be quoted; a copy of these
may also be supplied to the applicant so that he can understand the limitations of the person
concerned. In addition while giving replies; satisfaction of people should be kept in mind.

7. The Public Information Officers must make the heads of the departments or organization,
understand the importance of Right to Information Act, procedure to be followed, time
framework, etc. Public Information Officers must direct them that this is to their own advantage
as this would promote efficiency and responsiveness.

8. The Public Information Officers must make the heads of the departments or organization,
understand the importance of Right to Information Act, procedure to be followed, time
framework, etc. Public Information Officers must direct them that this is to their own advantage
as this would promote efficiency and responsiveness.

9. The public functionaries should be more active and sensitive towards the general public and
should supply the required information with more enthusiasm. They should be aware of their
duty to advise and assist information requesters. Likewise, they should be fully aware that the
people have a right to call on any officer for assistance, and that officer has a duty to help them.
Specific suggestions related to IC’s and Government

1. Public authorities should not maintain secrecy as far as possible at the time of implementing
the policies and programmes of the government. It must be open for all. The government should
give necessary instructions to different departments to follow the principle of openness so that
the transparency in the department can be maintained.

2. Instead of playing an evasive role, the bureaucrats should be simple, sympathetic to the
problems of the common people and lucidly explain the plans, policies and programmes of the
government.

3. Recognising how important it is that all officials covered by the law understand it and support
it, experience has shown that one of the most important activities that need to be undertaken
when preparing to implement any Right to Information law is to provide training to all officials.
All Public Information Officers and appellate authorities need to be fully trained on what their
responsibilities are under the law, how to manage applications and of course, how to apply and
interpret the law.

4. It is observed that due to inadequate support staff, there is slow pace of disposal of request, the
applications pile up and there is long waiting period. Adequate and efficient support staff should
be put in place for quick and effective pro-active communication and information transfer.

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5. Even fourteen years after the enactment of the pioneering Right to Information Act, penalties
for delays in providing what has been sought under the law are imposed in very rare cases. There
must be stringent penalty and effective prosecution system for violating the mandatory provision.

6. It is found that there is low awareness level among the public about the Right to Information
Act. Section 2628 of the Act states that the appropriate government may develop and organize
educational programmes to advance the understanding of the public, especially disadvantaged
communities, regarding how to exercise the rights contemplated under the Act. The government
may resort to the major sources of awareness like radio, television, newspaper, seminars and
discussions.

7. Many departments of the Government of India seem to have appointed multiple public
information officers. This results in citizens having to run from office to office seeking out the
correct Public Information Officer sometimes in vain. Appointment of multiple public
information officers should be avoided so that harassment to the citizen is avoided.

8. The system that one has to deposit a certain amount of fees to get the information should be
avoided. We should follow the procedure followed in European Countries at the time of
supplying information to the people. In those countries, information is available without any
cost.

Conclusion
Undoubtedly, the Right to Information Act is historic, and has the potential of changing, forever,
the balance of power in India – disempowering governments and other powerful institutions and
distributing this power to the people. It also has the potential to deepen democracy and transform
it from a representative to a participatory one, where governments, and their functionaries at all
levels, are directly answerable to the people for their actions and inaction. However, if this
potential has to be actualized, a much more concerted push has to be given to strengthen the RTI
regime in the next few years. In struggles as fundamental as those for power and control, there is
no time to waste. If the people do not come together and recapture the power that is rightfully
theirs, vested interests will exploit this weakness and grow stronger and more invincible with
each passing day.

28 https://indiankanoon.org/doc/15262/

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