RIGHT TO INFORMATION(RTI)IN PUBLIC ADMN.: RIGHT TO INFORMATION(RTI) IN PUBLIC ADMN. WHAT IS RTI? Citizen’s right to obtain information from any public authority relating to its administration, operations or decisions. a fundamental democratic right.


WHY RTI?: WHY RTI? Because it helps to: promote openness, transparency and accountability in public admn. reduce corruption (Sin-secrecy relationship) prevent administrative arbitrariness bridge the gap between provider & recipient of public services make citizens part of decision-making make admn. Responsive strengthen the foundations of democracy


II. INTERNATIONAL PERSPECTIVES : II. INTERNATIONAL PERSPECTIVES Sweden: The first country to provide freedom of information (FOI) to its citizens way back in 1766. Background – Intense struggle between two main political parties – the Hats & the Caps. Other Scandanevian Countries: Finland – 1951 Denmark & Norway – 1970 Contd.


Slide4: USA: FoI Act – 1966 (200 years after Sweden) Amended in 1974 to make it easier for citizens to enforce their right to access & to provide for penalties against officials who treat FoIA request in an arbitrary or capricious fashion. France – 1978 Canada – 1982


IV. INDIAN PERSPECTIVES: IV. INDIAN PERSPECTIVES The first political promise contained in the Janata Party’s Election Manifesto for the 1977 Lok Sabha Election. Background: Emergency of 1975-77 Outcome: - `No Change’ (of Official Secrets Act, 1923) recommendation by a working group constituted by the Janata Govt. - The working group comprised officials from the Cabinet Sectt. & the Ministries of Home Affairs, Finance & Defence.


Slide6: Renewed commitment by V.P. Singh – led National Front in its 1989 LS Election Manifesto. Background: Rajiv Gandhi Govt.’s reluctance to part with information relating to Bofors & other deals. Outcome: NIL due to premature fall of the NF Govt. Without waiting for the Central legislation six States have already passed their own law on access to information. These are: Goa 1997 Tamil Nadu 1997 Madhya Pradesh 1998 Rajasthan 2000 Maharashtra 2000


Slide7: Karnataka 2000 Significantly, all these States are/were not-BJP and non- NDA partners ruled states when the Acts were passed. Lessons to be learnt from the experiences of M.P. (PDS in Bilaspur) & Rajasthan (People’s movement organised by Mazdoor Kishan Shakti Sangathan): People to recognise the need for RTI. They should have commitment to using this right. Bureaucracy to be sympathetic & willing to accommodate & even encourage the provision & exercise of such a right. In nutshell, need for combined action by the people & the govt.


Slide8: The RTI ACT 2005 is a landmark legislation It received President’s assent on 15th June 2005. It makes obligatory for every public authority: To publish by 15 October 2005 (120 days) detailed information about the organisation, and its important policies, decisions, etc. (Sec.4). To designate within 15 September 2005 (100 days) officers as Central Public Information Officers (CPIOs) or State Public Information Officers (SPIOs) in all administration units or officers under it to provide information to persons requesting for information under this Act [Sec.5(1)].


Slide9: It provides for penalities against CPIOs or SPIOs for refusal to receive an application for information without any reasonable cause malafide denial of request for information and other lapses mentioned in Sec.20. The Act provides for constitution of Central and State Information Commissions. It lays down the powers and functions of these Commissions as the appellate authorities. -------X-------


Slide10: SECRECY: Most common feature of bureaucratic cultural As Max Weber observed: Insofar as it can, bureaucratic admn. “hides its knowledge and actions from criticism… The concept of the official secret is the specific invention of bureaucracy…”. The Indian bureaucracy has inherited administrative culture of secrecy as colonial as well as feudal legacies. Fox example: Kautilya’s Arthasastra laid down: Deliberations in a council “shall be so carried that even birds cannot see them; for it is said that the secrecy of counsels was divulged by parrots, mainas, dogs & other low creatures of mean birth”. “Whoever discloses counsels shall be torn to pieces”.


Towards a New Culture of Administrative Openness: Towards a New Culture of Administrative Openness Legislative Measures Inclusion of Right to FoI under Art.19 subject to some such safeguards as provided under the same Articles, viz., - sovereignty & integrity of India - security of the State - Friendly relations with foreign countries - public order


Slide12: Review & Revision of some existing, legislations to provide for specirfic provisions encouraging RTI & limiting the extent of withholding of information, viz. - The Official Secrets Act, 1923 (Sec.5, f.I) - The Commission of Enquiry Act, 1952


Slide13: Efficient Information Management System A multi-faceted process involving: - collection - processing - storage - transmission & - use of information Consequently, a costly process too. Who to bear the costs? How to ensure weaker groups’accessibility to information?


Slide14: IT Policy to encourage optimal use of IT for providing information required by the citizens.


Slide15: Administrative Measures: Amending the Conduct Rules for public servants, esp., the inhospitable/negative provisions such as: Rule 11 of the Central Civil Services (Conduct) Rules, 1964. Introducing a new system of rewards & punishments. Changing the existing practice of classification of govt. documents to end indiscriminate, unnecessary & irrelevant classification. Need-based orientation training for public servants at various levels.


II. TRANSPARENCY & INFORMATION: II. TRANSPARENCY & INFORMATION Sin & Secrecy: Need for Openness International Perspective National Perspective FoI Act 2002 providing for citizen’s `freedom of information’ but not his `right to information’. The Act has evoked fierce controversy on issue of inclusion & exclusion, viz.,


Slide17: Very imp. Notion of a right not acknowledged. What types of information to be excluded from the purview of the Bill. It exempts from disclosure any information exchanged in confidence between the Central & State Govts. Or any of their authorities or agencies – too wide a clause to cover a lot of information which should be available to public. Provision for appeal only within the system – No independence authority.