A Project Report On “RTI as a

prerogative of good
governance”

University Institute of Legal

Studies Panjab University,
Chandigarh

In fulfilment of the
requirement for

B.A.LL.B ( Hon’s.)

4th YEAR, SEMESTER 7

Submitted To

Prof. Dr.- Neha Dewan

Submitted By

Lovedeep Kaur (68/20)

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 Table of Contents
INTRODUCTION .......................................................................................................................... 3
APPLICABILITY ........................................................................................................................... 3
DEFINITION OF RIGHT TO INFORMATION IN LEGAL TERMS .......................................... 3
OBJECTIVE OF THE RIGHT TO INFORMATION ACT 2005 .................................................. 4
IMPORTANT FEATURES OF RIGHT TO INFORMATION ACT, 2005 ................................... 4
RIGHT TO INFORMATION AND GOOD GOVERNANCE ....................................................... 5
Concept of good governance........................................................................................................... 5
How is the RTI related to good governance? .................................................................................. 5
RTI Act as a tool of empowerment for common people ................................................................. 6
Instances where the RTI Act has been useful in promoting good governance................................ 6
The way forward ............................................................................................................................. 7
CASE LAWS .................................................................................................................................. 8
CONCLUSION ............................................................................................................................... 8
REFERENCE .................................................................................................................................. 9

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INTRODUCTION

A country like India which is democratic needs features of good governance. Good
governance provides participation, legitimacy, accountability and transparency to the citizen
of India. It’s the right of people to know about the policies formulated by the government. To
promote good governance we have the Right To Information Act. RTI stands for Right to
Information, it is considered as a fundamental right under Article 19 (1) of the Constitution of
India, held in the case Raj Narain v. State of UP1. This right empowers the citizen to ask
anything to an official worker of the government or even ask anything to an official worker of
the government or even ask them to produce any file related to their work. But it is not that
strictly followed so, we have the RTI Act, 2005, which is nothing but simply lays down the
process on how to apply for information, when to apply, how many fees, etc. Its main
objective is to empower the citizen, promote transparency and accountability in the working
of the government.

APPLICABILITY

The Act applies both to Central and State Governments and all public authorities. A public
authority (sec.2 (h)) which is bound to furnish information means any authority or body or
institution of self-government established or constituted

(a) by or under Constitution,

(b) by any other law made by Parliament,
(c) by any other law made by State Legislature,
(d) by a notification issued or order made by the appropriate Government and includes any
(i) body owned, controlled or substantially financed,
(ii) non-government organization substantially financed which, in clauses (a) to (d)
are all, directly or indirectly funded by the appropriate Government.

DEFINITION OF RIGHT TO INFORMATION IN LEGAL TERMS –

Section 2(f) of the RTI Act defines Information as:

“Information” means any material in any form, including records, documents, memos, e-
mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, 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 a time
being in force.

Right to Information (RTI) is defined under Section 2(j) as:

“Right to Information” means the Right to Information accessible under this Act which is
held by or under the control of any public authority and includes the right to
1
1975 AIR 865.

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 i. Inspection of work , documents, records;
ii. Taking notes, extracts, or certified copies of documents or records;
iii. Taking certified of materials;
iv. Obtaining information in the form of diskettes, floppies, tapes, video cassettes or
in any other electronic mode or through printouts where such information is stored
in a computer or in any other device.

OBJECTIVE OF THE RIGHT TO INFORMATION ACT 2005

Objective of the Act is to establish “the practical regime of right to information for citizens to
secure access to information under the control of public authorities, in order to promote
transparency and accountability in the working of every public authority, the constitution of a
Central Information Commission and State Information Commission and for matters
connected therewith and incidental thereto2 .”

IMPORTANT FEATURES OF RIGHT TO INFORMATION ACT, 2005

I. All citizens possess the right to information.

II. The term Information includes any mode of information in any form of record,
document, e-mail, circular, press release, contract sample or electronic data etc.
III. Rights to information covers inspection of work, document, record and its certified
copy and information in form of diskettes, floppies, tapes, video cassettes in any
electronic mode or stored information’s in computer etc.
IV. Applicant can obtain Information within 30 days from the date of request in a normal
case
V. Information can be obtained within 48 hours from time of request. If it is a matter of
life or liberty of a person.
VI. Every public authority is under obligation to provide information on written request
or request by electronic means.
VII. Certain information’s are prohibited.
VIII. Restrictions made for third party information Appeal against the decision of the
Central Information Commission or State Information Commission can be made to
an officer who is senior in rank.
IX. Penalty for refusal to receive an application for information or for not providing
information is Rs. 250/- per day but the total amount of penalty should not exceed Rs.
25,000/-.
X. Central Information Commission and State Information Commission are to be
constituted by the Central Government and the respective State Governments. XI. No
Court can entertain any suit, application or other proceedings in respect of any order
made under the Act.

2
The preamble to the RTI Act, 2005

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The aforesaid mentioned promote transparency in government organisations, makes them
function more objectively thereby enhancing predictability. In a fundamental sense, right to
information is a basic necessity of good governance.

RIGHT TO INFORMATION AND GOOD GOVERNANCE

Concept of good governance

In a country like India which has a democratic government, the government is of the people,
for the people and by the people. Participation, transparency, legitimacy and accountability
form the pillars of good governance. These are the key requirements for good governance. It
is the right of people to know about the policies formulated by the government.

Participation ensures the contribution of citizens and their involvement in their governance.
We have a representative government. However, representation of the issues of a chosen few
is not a true representation. We need all sections of society to be involved and to voice their
concerns. A community needs the openness of government and right to information provides
the same. Though some departments of the Union Government are not subject to the scrutiny
of the public eye, many public and private affairs are accessible to the citizens. Right to
information curbs corrupt practices of the government employees. Accountability is what
completes the requisites of good governance, without it it is impossible to trace the failure of
policies, be it policies of public sphere pr private sector.

How is the RTI related to good governance?

RTI is closely linked to good governance as it upholds all pillars of good governance. It is an
effective tool for attaining the goals of good governance. The true goal of a representative
government is the welfare of its people. People pay taxes which contribute to the income of
the government. Subsequently, money paid by taxpayers is used for the development of the
nation. It is only justified that people have access to the information related to the same as
they have a right to know if taxpayers’ money is being utilized to its utmost advantage or not.
The people are provided with this right under the RTI Act. They can not only access the
information but also resort to legal action in case they discover fallacies in the information.

 Accountability and transparency in the system

The rights provided to the citizens under RTI definitely equip the citizens with greater
transparency in the working of public affairs. Under Section 2 (j) of the Act, the
people have access to all kinds of documents. Section 4 of this act mandates the
authorities to provide a reason for all of its administrative decisions. Another feature
that promotes the filing of applications is that the person need not provide
unnecessary information to file it. He does not need to provide any reason to request
for the application. Penalties are stipulated for those who obstruct the free flow of
accessible information. This reduces unjust and arbitrary treatment. It helps enable an
environment of a healthy democracy. Further, this also helps in curbing the rampant,
widespread corruption which embedded its root in our nation. With a more

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 transparent process, it is easier to hold a specific person responsible and take action
against him.
 Participation of the common people
It is imperative that every part of society gets a say in the formulation of policies,
programmes or legislation as this affects them on some level. Even people who suffer
the secondary effect of these policies deserve a say in their formulation. Participation
of people is a crucial requirement for good governance. Before 2005, the society was
not able to seek information or reasons about the policies implemented for them. They
did not have a voice. Right to information connected the common people with the
government. Without the participation of the people, the RTI Act would be a
failure. The RTI Act does not cause any distinction on the basis of a person’s status.
It treats everyone equally. This makes people feel included and gives them a sense of
empowerment.
 Rule of law
Good governance requires fair legal frameworks that are enforced impartially. The
rules must be known in advance and that they are actually in force and applied
consistently and fairly, that conflicts be resolvable by an independent judicial system
and those procedures for amending and repealing the rules exist and are publicly
known.

RTI Act as a tool of empowerment for common people

Before the introduction of RTI in India, people did not have a say in the socio-political
decisions made by the government. As a result, people felt excluded and became ignorant and
indifferent towards the policies of the government. A sense of secrecy surrounded the policies
of the government. People felt like they had the right to know what was going on and that
their voice should be heard as they were the sufferers of direct consequences of the policies.

The introduction of RTI Act in 2005 made an inclusive environment for the citizens. It
enabled them to have access to information. It equipped them with a voice in political and
economic decisions taken by the government. The people felt empowered as the secrets
surrounding the policies were no longer kept from them. They were a part and parcel of the
decision making process.

Instances where the RTI Act has been useful in promoting good governance
The RTI proved to be very successful in facilitating greater transparency and accountability
in following cases:

 Adarsh Scam
In a prime real estate area, Colaba, Mumbai a 31-storey building was erected.
Originally this land was supposed to have a 6-storeyed building for the widows and
war heroes of the 1999 Kargil War. Two activists filed an application which later
revealed how the land did not belong to the Government of Maharashtra but to the

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 Ministry of defence. This happened in the early days of the introduction of the RTI
Act. It made the government officials frigid.

 2G Scam
The 2G scam involved the telecom ministry led by Adimuthu Raja. It took months for
this scam to unfold but slowly it revealed the rot of corruption spread in the Congress
Party. It brought into light the bribery taken by some officials which ended up costing
the Government over Rupees 1,50,000 crores.

 Commonwealth Games Scam (The Diversion of Dalit funds)

Shortly after the 2G scam came into light, the Commonwealth Games scam set up
India for international humiliation. Suresh Kalmadi was responsible for the corrupt
deals made during the CWG. The accommodation of the athletes was filthy. RTI
Application revealed that he made India suffer a loss of Rupees 95 crores by handing
the contract to Swiss Timing for Rupees 141 crores.
Another RTI revealed that the Delhi government diverted Rupees 744 crore rupees
from the funds allocated to the social welfare of Dalits to CWG. The diversion of
Dalit funds during the CWG triggered further investigations. Using budget documents
and RTI, the National Coalition For SCSP-TSP Legislation, an umbrella organisation
of Dalit and Adivasi groups, figured out that a staggering 5,27,723.72 crores worth of
funds had been denied to Dalits and Tribals from the seventh to twelfth five-year
plans (till 2014-15) in the Union Budget.

 Indian Red Cross Society Scam

Two months after the RTI Act was enforced an RTI application revealed how public
officials in the Indian Red Cross society diverted millions of rupees from funds set up
for Kargil War Relief and Rehabilitation (for those struck by natural disasters). It was
later revealed that this money was used to buy luxurious goods by the IAS officers.
The list is not exhaustive. RTI is a truly commendable act that has made outstanding
contributions in the fifteen years. It has made it easier for people to uncover scams
and put an end to corruption. Curbing corruption is not that easy but India is on the
right path.

The way forward

The 2019 Amendments made to the RTI are heavily criticized by the citizens. The major
change has been brought in Section 13 of the RTI Act. The term and salary of the Information
Commissioners is now to be decided by the central government. By controlling the tenure
and salaries of the Information Commissioners the BJP Government has radically altered the
nature of the RTI Act. It has disempowered the people and empowered the central
government.

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CASE LAWS
The Supreme Court in the case of Secretary/Ministry of Information and Broadcasting,
Government of India v. Cricket Association of Bengal3, narrowly expanded its view on the
provision of Article 19(1)(a) towards the right to information, in which it was held that the
right to freedom of speech and expression would also include the right to receive and impart
information. It was also held in the case of S.P. Gupta v. Union of India4, that the right to
know is implicit in right to free speech and expression. The court in the case of State of
Uttar Pradesh v. Raj Narain5 observed that freedom of speech and expression includes
right to citizens to know every public act, everything that is done in a public way, by their
public functionaries.

In the case of Peoples Union for Civil Liberties v. Union of India6, it was held that people
can play an important role in a democracy only if it is an open Government where there is full
access to information in regard to functioning of the Government. Enlightened and informed
citizens would thus undoubtedly enhance democratic values. In a Government of
responsibility, where all the agents of the public must be responsible for their conduct, there
is no room for secrets. The citizens have a right to know every public act, and everything that
is carried out in a public way, by their public functionaries.

The Supreme Court earlier in the year1950 observed that the freedom lay at the foundation
of all democratic organizations, for without free political discussion on public education; the
proper functioning of the processes of popular Government is not possible. The fundamental
right invoked is the people’s right to know. The members of the democratic society should be
sufficiently informed so that they may influence intelligently the decisions which may affect
them.

CONCLUSION
The success of RTI can be judged by the fact that in the first ten years after its enactment
almost 5000 applications were filed on a daily basis. But with the recent amendments, there is
a fall of 6% in the applications submitted. It is believed that the recent amendments challenge
the independence of the RTI Act.

The RTI Act is a very powerful tool if used in the correct way. The effective implementation
of this Act is needed. RTI is not a mere information provider, it is a tool that empowers the
common people to take part in the decision making process. It strengthens our democracy. It
is the true essence of good governance. The abuse of authority is controlled by the Act. The
government should provide the information voluntarily to the people it governs. This will
encourage trust between the people and the government. It will also save time and efficiency
of the officials who have to provide the same information in different repetitive applications.

3
(1995) 2 S.C.C. 161 (India)
4
(1981) Supp S.C.C. 87 (India)
5
(1974) 4 S.C.C. 428 (India)
6
A.I.R. 2003 S.C. 2363 (India)

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Thus it can be correctly said that RTI as a whole is a great step in a democratic set up like
India. It is a powerful tool that can deliver significant social benefits. It can provide a strong
support to democracy and promote good governance by empowering citizen’s ability to
participate effectively and hold government officials accountable rather than just an
information provider.

The governments, instead of waiting for the common people to seek information, must
voluntarily make all the information available to the people. It will not only promote good
governance but also increase the trust between government and the people it governs.

However, there are challenges in the effective implementation of the Act but the same can be
removed by taking suitable measures and the goal of good governance, i.e. transparency,
accountability, greater participation etc. can be achieved through RTI. Currently, the RTI Act
is passing through the decisive phase, much more needs to be done to facilitate its growth and
development.

REFERENCE

 R.P. Sood, Right to Information Sublime Publications Jaipur, 2008.

 The preamble to the RTI Act, 2005.
 Shilpa, RTI: A Tool to Strengthen Good Governance and Tackling Corruption,
International Journal of Humanities and Social Science Invention, ISSN (Online):
2319 – 7722, Volume 2 issue 2.
 FIRST REPORT,SECOND ADMISTRATIVE REFORMS COMMISSION, RIGHT
TO INFORMATIONJUNE 2006, Master Key to Good Governance.