ABSTRACT
The right to information is bill which is passed by the parliament and guaranteed by the constitution in the year 2005. The gave a powerful tool to the citizens to get information of any public authority from the government as a matter of right. The object of the RTI is to empower the citizens and to promote transparency, acceptability of the government. It contains corruption and make a democratic government in real sense. This act helps to make citizens active to know the activities of the Government. As India is a democratic nation, citizen need to know their rights and about the functioning, word and actions of the government. It enhances the relationship between the government and the citizens, thereby helping the government function smoothly. The act is work like a tool that gives the youth enormous power and allows them to hold the government responsible for their action by demanding their right to information.
KEYWORDS: Right to Information Act, Public Authority, Transparency, Corruption, Transformation.
INTRODUCTION
The Right to information Act which is came into the effect 11 may 2005 in India which is replaced by the Act Freedom of Information Act 2002.The Right to Information Act (here after called as RTI) approved by the lok Sabha on May 11,2005 after that president signed it on June 15,2005 and gave his assent and it come into the law. The Act provide citizens the right of ask for any of the information from the government by filling the RTI, and the authorities have to provide the information which is asked by the citizens. The act shows the importance of Right to Information in Democracy. This act us applicable in all state of India. As per RTI Act,2005e every citizen has right to:
- Ask for the information from the government,
- Ask for the copies of Government documents,
- Inspect the functioning and activities of the government.
The Right to information Act in 2005 make a crucial turning point in the progress of country towards the accountability and transparency. The RTI Act acts work as a tool to empower citizens, build transparency, reduce corruption, and hold the government accountable. It helps get information regarding strategy over social issues, workings of financial institutions, and civic infrastructure.
The RTI Act was made after realization that there is need to change the citizens have know that about their rights. The main objective of the Act is to provide the information to the public. The means of communication between the government and citizens, thereby giving them the right to get information on the works of the government and they entities.
Act help to create the transparency between the government and the citizens which they ensure the proper functioning and working of government without corruption.RTI Act create to aware among the government and the citizens of their rights and power that the government is functioning well. The Government has to give answers to the query by the citizens within 30 days from the receiving of the application. If applicant is not provided with the information after 30 days, they may take legal action.
Citizens have right to the information from the state government, central government and panchayat raj. There is an appointment of the public officer which is PIO Public Information officer. If that PIO fail to provide information to the citizens filling RTI, the public information officer is liable to give the penalty Rs 250 per day for the delay. The act that makes a very important as a part of democracy, if any of the PIO fails to provide the information citizens can file a complaint case against the PIO and they may write application in English, Hindi language which is given in section 19 of the Act. RTI ACT is only applicable on the public authorities and this is defined section 2 (h) of the Act.
A “public authority” is an institution or any authority of the government which is established which is constituted by the Indian constitution, or the law which is made by the parliament, or by State legislature, or by any of the notification or order made by the Government (Central or the State).The authority which is financed by the central or state or state government and some of the non-government association which is substantially financed by the central and state and they all fall in the definition of the Public authority. The NGOs which directly or indirectly financed by the government. The Labour bureau which us attached by the ministry of labour and employment is fall under the definition of public authority.
And, for this the Information officer which is appointed in central level and state level. In centre the Central Public Information officer, the authority which is the labour bureau has appointed an officer as Central Public Information as rank of directors. He is information officer who is responsible regarding all the information to the person who files to seek the information. In state, same as the central them. labour bureau designed an officer as state information officer as director who gives the information under the RTI.
Person who wants to know to seek the information from the public authorities and organisations has required to send application there us charge of Rs.10 it is just a fee by which the person gets receipt. There is no charge for the person who is below the poverty line. The right information acts are guaranteed by the constitution under the Article 19(1) which is a fundamental right of the citizens. Not only by the constitution, in the case of Delhi High court the bench of secretary general supreme court of India vs Subhas chandra Agrawal is not a freedom of right but proceed and serves as a repository for that right.
RESEARCH METHODOLOGY
Under the research of this paper mainly deals with my own words and with the help of some websites or through the blogs or articles which help me in getting the acquired proper knowledge. For Writing such Search research paper whereby I have witnessed and did my well research on depend analysis on my topic on significance of Right to information in democracy. Some of my facts Information I gain through newspaper. Under it we have went through the T.V News and form some case study. We tried to give information related to public right for country citizens.
REVIEW OF LITERATURE
Right to information Act which is introduced to the inspection of the words, record, activities and the certified copy or the record in electronic mode. The officers have to provide the information within the 35 days if the office is Assistant public information officer. When the officer is Central public information officer and state public information officer the information delivered within the 30 days of the application. If there is case of life and liberty the officer has to perform and give information within the 48 hours from when application received. If the person filled information application for the information of the third-party then the office has to notify the third person in regards of the application the information provides after the 40 days because officers first have to get permission from the person. There are provisions for penalty money which is Rs 250/ per day should not be exceed as enough as Rs.25000 as total penalty amount. The court did not have Power to entertain the case application which falls or comes under this Act.
So under this right we have already know about the meaning definitions of the significance of Right to information in democracy so now we will be having the deep analysis on the Right to information so let’s start now from the proper information definition. “Right to Information” which is defined under the section 2(j) of the Act. The act which provides right of citizens which is given under constitution s fundamental rights the citizens has right to perform their rights. The Act which control any of the public authorities which includes the –
- There is record, documents and their works.
- As the authorities have to provide the certified copy, notes or some of the certificates.
- Having certified copy samples.
In the act there are mainly four types of writing first is the annual, half yearly, and monthly reports. The second is for the collecting writings and articles which includes RTI workers and the NGOs. The information which us in the form of video, tapes or any of the electronic mode or some prints or information which is record or stored in the computer, laptop, phones or in any of the other devices.
PURPOSE OF THE RIGHT TO INFORMATION ACT
The RTI ACT which helps the citizens to get information related the public authorities and purpose of the act .The core reasons for the enactment of the said act are:
- Empowering Citizens – To request for the information about the words and the government actions, decision, the act encourage the citizens to be active in the democratic process.
- To Control Corruption – The act most important impact on the revealing of the corruption and the duties which us irregular inside the government department. By the act there is fear, by which there is limitation in the corruption.
- Public Service – By this government where more representative and concern of residents, to improve the delivery of the public service.
- Good Governance -To promote the good governance, by keeps record and information by this the result is now more effective.
IMPORTANT PROVISIONS
Information which brings out the transparency and accountability which both help to reduce the corruption and help government to increase the efficiency in the good governance. It is available to all the citizens to know the exact knowledge regarding their questions which is filled in the form of RTI application which helps people to be the part the democracy.
However, there are few exceptions to the said act which are provided under Section 8(1)(g) of the Act:
- The information is not disclosed if it endangers some life and the physical safety.
- If the person cannot disclose any of the identity.
- The information which is related to the security purpose of the country.
RTI ACTIVIST
The act empowers the citizens who is against the corruption, who reveals the government irregularities, and promotes the transparency, and accountability in the public authorities. They were the person who gives the information of the authorities which us financed by the government example the Courts, health department, some of corporation. Then the question arises that PM cares funds is an public authorities or not ? Because the funds is not be cleared for general public then the court recite that the PM fund is not financed by the government so that it is not an public authorities and it is run by the trustees. Various of the RTI activist where 65 activists died and 400 activists where Harresd.
LANDMARK JUDGEMENTS:
- In the case Raj narain vs state of uttar pradesh: –
- In this case supreme court considered right to information as the fundamental rights of the citizen under article 19 (1)(a) of the Indian constitution where kothell that India is a democracy country so everyone has right to know about their fundamental right and have right to know the governments works activities.
- In the case Jiju Lukose vs the State of Keralat: –
- The Kerala High court held that copy of the FIR can be obtained from the considered police station or the office of SST or it can obtained by a quiz from the court in the concerned of magistrate.
- In the case CPIO v. Subhash Chandra Agarwal: –
- The Subhash Chandra who filled the three RTI application regarding the chief justice of the. Supreme court where the first one is for the query related to the appointment procedure of the chief justice of India. And, second one is regarding the appointment of the three Chief justice of India: H.L. Dutta, A. Ganguly, R.M. Lodha that on what basis the appointment of the CJI. And the question arises where the supreme court comes under the public authorities where the supreme court run with the government funds and it comes under the public authorities and the citizens have rights to know about the supreme court.
SUGGESTION
Right to information law which is not known by the common people the citizens of India because there is lack of illiteracy and unawareness. Majority of the population of the country is don’t about there right. So, they were not able to that there is such provision where they get information related any public authority or of any public officer. The don’t have knowledge where to file the RTI application for finding the right information. It is an fundamental rights where the citizens have right to know about the information that they want .
PIO the public information officer who is also not aware of the act and they assigned as CPIO or SPIO. There is no information given related the qualification of the PIO. The act also doesn’t offer any of the protection for whistleblower who collects information from the PIO and report it to the CVC. There should be proper protection for the whistleblower Activists who perform their duty to gain the information for the citizens. RTI which gives an adverse effect in the Good governance and for inclusive Development. RTI aware the citizens by campaigning the general people specially for whom who is financially weak and those people where the most victims when there is comparison in regards of rest. India literacy rate is too weak and low in some of the rural place which find the difficulty. The place like Bihar who is weak in literacy rate but Bihar ser new example for the people by filing RTI in the phone. Although the even the illiterates can also access the RTI through the electronic means. And the systems should must be followed throughout the whole country.
CONCLUSION
On the basis of the above research regarding the RTI Act, that it is for the good governance which is helpful for the citizens of the country. It holds for strengthening the citizens confidence level regarding their rights in the government. Government gives them to hold their rights as this act allows the citizens to ask the government regarding information Of any of the public authority’s organisation. By the people ger the knowledge about the procedure of the government works. RTI ACT gives fear to the officer’s or the staff who where work under the governance of the government and make the country as more democratic in comparison to the past several years. By thus there is less corruption where happened, corruption didn’t end but get stopped day by day.
There are the two pillars of the democratic country which is the openness and the access to get the information to the citizens. Act actually works as transparency and with accountability because their us strict implementation which is not dependent on the politics.
The Act Right to information in India need much more facilities in the growth development of the country which enhances to zero percent corruption and increase the democracy level. The law must have to growth in the field of law, to get matured. By which the whistleblower or the activists get protection from the officers who were attacked so easily on them.
The rate of the RTI application is very low, unless and until pendency rate is enhanced. The information commission has aim to get information as their main objectives the commission must have to take more and more action regarding the activeness in their functioning.
AUTHOR:
VISHAKHA RAJ
University law college, VBU , Hazaribag