This article is written by Vansh Aggarwal Of 3rd Semester of University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University, an intern under Legal Vidhiya
ABSTRACT
The Right to Information (RTI) is a fundamental right that ensures the free flow of information between the government and the people. It is essential for good governance and accountability, as it allows citizens to hold their elected representatives and public officials accountable for their actions. However, there was a long constant struggle for the share of information, with the initial reluctance to the recognition of the right to information as a right. The RTI movement in India has a long and storied history. It began in the early 1990s when a group of activists and journalists began to fight for the right of citizens to access government information. Their efforts culminated in the passage of the Right to Information Act in 2005. It has helped to uncover corruption and inefficiency in government, and it has empowered citizens to demand better services from their elected representatives. It has also helped to promote transparency and accountability in government, and it has made the government more responsive to the needs of the people. The RTI Act is a powerful tool for good governance. It is essential for ensuring that the government is accountable to the people, and it is a valuable tool for promoting transparency and good decision-making. This article attempts to cover the brief legislative history of Right to Information law, both nationally as well as internationally.
Keywords: History of Right to Information, Origin of Right to Information, Mazdoor Kisan Shakti Sanghathan (MKSS), Good governance, Informed citizens, Participation, Right to Know.
INTRODUCTION
The Power of Information, especially in a democracy, is pertinent as it enlightens the subjects and puts the power back with the people, making those in power accountable for their actions or inactions. In 1887, Lord John Emerich Edward Dalberg-Acton, better known as Lord Acton, wrote in a letter to an Anglican bishop ‘Power tends to corrupt and absolute power corrupts absolutely’. These words are not mere philosophical phrases and are rather a reflection of our society. Information or the free flow of information ensures that the general public is empowered and makes the government and its functionaries accountable towards their inaction or action.
The Right to Information is not specifically mentioned as a fundamental right in the constitution of India. Still, it can be derived from Article 19(1)(A)[1] – Right to Freedom of Speech and Expression as well as Article 21[2] – guaranteeing the right to life and personal liberty. As the Constitution and the Union of India thrived and flourished for decades, an impediment to ensuring good governance was a lack of accountability and transparency. Officials used to make arbitrary decisions that had long-term effects on the life of people in the absence of any mechanism for accountability. Hence, the need for legislation to ensure the free flow of information was realised and The Right to Information Act, of 2005[3] was introduced. It almost has been 18 years since the conception of the act and it is successful in establishing a mechanism to ensure that even the lowest strata of the population get the information sought by it. The act successfully discovers many scams or frauds that were committed by the officials under the garb of doing their official duty. The act has ensured that people can enforce their legal, constitutional as well as common rights more effectively, illuminating the dark areas of the administrative system and making sure that the neglected population becomes visible in the political map of India. The above-mentioned words are minuscule to illustrate the impacts and the consequences of this act. To understand this legislation in all of its amplitude, we must look at its development throughout centuries both internationally as well as nationally.
OBJECTIVES
This research article intends to undertake a comprehension and analysis of the historical background – a Brief Legislative History of RTI Law in India. The article also covers the international growth of the RTI law to trace it from its roots in a very comprehensive manner. The article relies upon several landmark judgements and reports to substantiate the information presented under it.
The origin of Information law can be traced back to Sweden where the world’s first Freedom of Information Act was introduced in 1766 to ensure press freedom. Sweden was the first nation that recognised the fact ‘freedom of the press’ is dependent upon access to information. Anders Chydenius, a swidden-finish thinker, played a major role in the drafting of this act. Sweden established an example in the field of information law and freedom of the press. Soon enough, the world also realised the importance of the free flow of information and in 1946, United Nations General Assembly passed a resolution that stated, “Freedom of information is an inherent right that underscores all of the liberties to which the United Nations is devoted. The right to gather, communicate, and publish news everywhere and everywhere is implied by freedom of information. As such, it is a vital component of any meaningful endeavour to promote global peace and prosperity.” In 1948, United Nations General Assembly (UNGA) adopted the Universal Declaration of Human Rights (UNHR) which was drafted by various stakeholders from around the world and marked an important event in the history of human rights. Article 19 of the Universal Declaration of Human Rights states ‘Everyone has the right to free speech and the ability to hold opinions without interference, as well as the freedom to seek, receive, and transmit information and ideas through any medium and irrespective of borders.’[4] This article highlighted the importance of freedom to receive as well as impart information before the whole world and pushed legislators to include and adopt legislations to ensure free dissemination as well as the demand for information in democracies.
In 1966, The United States introduced the Freedom of Information Act, Section 552 which stated “Any person can file a FOIA request, including U.S. citizens, foreign nationals, organizations, associations, and universities.” Information law as a right has grown organically over centuries in Western nations, slowly and gradually. Different organisations and nations have realised the importance of the same sooner or later to ensure good governance, accountability and transparency. In 2000, The European Union Charter of Fundamental Rights also included the Right to access documents and freedom of expression. By 2010, More than eighty-five nations had national level right to information laws. India also adopted the Right to Information Act, of 2005 which ensured that people can access public information as a matter of right which is fundamental in nature. However, the information protected by the official secrets act, of 1923 will not be disclosed to the general public which meant a reasonable restriction on the right.
THE INDIAN SCENARIO
India is a nation of great diversity. It is a unique nation where multiple religions, communities and languages come together in a union. India is a democratic nation where the people choose their representatives through elections. In such a nation, Information and access to information becomes so pertinent to ensure that every individual of this great nation is represented in this democracy. In India, the history of the right to information can be evaluated in two periods i.e. During the colonial period and after the colonial period.
During the British rule, the British always tried to keep themselves at a distance so that they don’t face any resistance towards the exploitative measures adopted by it. To establish the same, the British government introduced The Official Secrets Act, of 1923 which was a draconian law introduced to retain the imperative information about the actions of the government. The law is still retained in India but rather to cover privileged and important information which might affect the nation’s unity or integrity.
After India gained independence, the struggle for the free flow of information was a collaboration of three broad groups, the labourers, the activists and the environmentalists. The labourers were exploited by their paymasters (government officials) who will deny to pay the labourers under the garb that they have not attended their job even when the attendance register shows otherwise. Labourers were denied access to this register as it was ‘confidential government records’. One such organisation was the Mazdur Kisan Shakti Sanghathan (MKSS) which spearheaded the fight for the free flow of information in the state of Rajasthan. The organisation’s campaign encouraged the demand for information at a grass root level. The activists’ struggle against unlawful detention, human rights violations, etc was hurdled by the reluctance of government officials to release any documents. The environmentalists were concerned with the impacts of rapid industrialization and wanted to know the same from the government, which the government was not divulging. Hence, by the 1990s, there was a pressing need for legislation to ensure that people who need information, have access to it such that they can access information and ask questions from their representatives. This fight for free information is also joined by professors, lawyers and advocates, and journalists.
In India, the apex court or the hon’ble supreme court was demanding a Right to information act since 1975. It was the case of State of UP v. Raj Narain[5] where the Hon’ble Supreme Court held that the Right to Information will be a Fundamental right under Article 19 of the constitution. The fifth pay commission also recommended the same. Hence, the Freedom of Information Act 2000 was introduced to ensure its purpose. The act made it obligatory for government officials to furnish whatever information is sought by the masses. The bill included the recommendations of the Shaurie committee report and was passed with a majority in the parliament. However, this act had several flaws and loopholes which were still being used. The National Campaign for People’s Right to Information in consultation with civil organisations as well as various other stakeholders suggested several amendments to the Freedom of Information Act 2000 in 2004 which includes but were not limited to, minimum exclusion, independent appeals and universal applicability to the National Advisory Council. The council appreciated the efforts and forwarded the amendments to the then Prime Minister of India, Mr Manmohan Singh. A revised bill was introduced in the parliament which had better provisions and stringent application mechanisms, the act was made more robust by inclusions or exclusions. These amendments were eventually accepted and endorsed which gave birth to the Right to Information Act, 2005 which was operational since October 12, 2005. The struggle for an information law by various stakeholders was successful with the introduction of this legislation. This RTI act led to uncovering and discovery of various frauds and scams, which includes the Mid-day meal scam amongst others.
CONCLUSION
The Right to Information Act, 2005 has been operative for over a decade now. In a democratic setup like India, where the people or the public is the maker as well as the adopter of the constitution and the laws but to ensure the accountability as well as transparency of the people appointed to do these tasks, a system that will ensure the free dissemination and access to information is undoubtedly required. The Right to Information Act has been successful in establishing such a system in India. The act owes its existence to a long struggle and journey both internationally as well as nationally wherein after consistent efforts of the pressure groups as well as the citizens, the government felt the pressing need to formulate such an act or such a right. The Right to Information law has indeed been on a very long journey, from no existence under British rule to being one of the most widely exercised fundamental rights, the legislation continues to thrive and grow and helps in inclusion as well as representation of the marginalised in India.
REFERENCES
1. https://www.legalserviceindia.com/legal/article-323-evolution-and-development-of-the-right-to-information-act-in-india.html – as visited on 7-8-2023
2. https://unacademy.com/content/karnataka-psc/study-material/polity/right-to-information/ – as visited on 7-8-2023
3. https://www.drishtiias.com/to-the-points/paper4/right-to-information-1 – as visited on
7-8-2023
4. https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/6537 – as visited on
7-8-2023
5. https://blog.ipleaders.in/right-to-information-act-2005/ – as visited on 7-8-2023
6. https://en.wikipedia.org/wiki/Right_to_Information_Act,_2005 – as visited on 7-8-2023
7.http://www.jiwaji.edu/pdf/ecourse/commerce/Historical%20background%20of%20RTI%20Act.pdf – as visited on 7-8-2023
8. https://www.adda247.com/upsc-exam/the-right-to-information-act-2005-historical-background-and-key-objectives/ – as visited on 7-8-2023
9.https://ecajmer.ac.in/facultylogin/announcements/upload/Genesis%20and%20Evolution%20of%20the%20RTI%20in%20India.pdf – as visited on 7-8-2023
[1] Article 19, the Constitution of India.
[2] Article 21, the Constitution of India.
[3] Right to Information Act, 2005.
[4] https://www.un.org/en/about-us/universal-declaration-of-human-rights as visited on 06-08-2023.
[5] State of UP v. Raj Narain, 1975 AIR 865
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