Democracy must be nurtured through open societies that share information. Where there is information, there is enlightenment. Where there is debate, there are solutions. When there is no sharing of power, no rule of law, no accountability, there is rampant abuse, corruption, subjugation and indignation. Citizens in a democracy need diverse sources of news and information. The idea of a Government by the people’ necessitates that people have access to information on all matters of public concern. It creates a condition for ‘open governance” which is a foundation for democracy.
Parliament adopted the RTI Act to give effect to people’s right to access information from governments which is a deemed fundamental right within the meaning and scope of Article 19(1) (a) of the Constitution. In 2012, the Supreme Court of India determined that the Information Commissions were quasi-judicial tribunals with the trappings of a court of law; for the purpose of summoning records, examining persons on oath, requiring the submission of evidence etc.
SIGNIFICANCE OF INFORMATION: Information rules the world. It is the blood and fuel of the world. The Supreme Court of India has often stated “The free flow of information about affairs of Government paves way for informed debate in public policy and fosters accountability in Government. It creates a condition for ‘open governance’ which is a foundation of democracy.” Withholding information is the essence of tyranny. Control of the flow of information is the tool of the dictatorship. The government is our servant and we are not required to explain why we seek information from them. The government holds all the information on our behalf and in trust. Like a banker can’t ask you why you want to see your bank account statement, similarly the government cannot deny you access to information should you ask them how they are governing the country.
IMPORTANCE OF RTI: India is the world’s biggest democracy. The Right to Information Act, 2005 ensures that the people we place in power remain answerable to us at all times and by no means can they use public funds arbitrarily. It is one of the most powerful legislations in the hands of people which empower them to elicit information from the government. Indians file nearly 60 lakh RTIs every year, the highest number of such information requests in the world. Presently there are 106 countries in the world where The Right to Information is a law.
The RTI has been India’s most powerful “weapon of the weak”, enabling citizens everywhere to question and hold to account the legislature, executive and the judiciary. It takes just Rs 10 to right a wrong. The RTI Act is the Government’s own tool for combating corruption.
PROPOSED AMENDMENTS: The Central Government’s proposal to amend the right to Information Act, 2005 (RTI Act) to vary the salaries and allowances and the tenure of the Information Commissioners, at will, is being hotly debated and discussed across the country. The salaries and tenure of the new appointees will be as specified by the Government. This is contrary to the present position in which the salary and allowances are to be equal to that of the Election Commissioners, with tenure of five years. The current scheme of the RTI Act is designed to ensure the autonomy of the Information Commissions so that they may work under conditions free from government influence.
The RTI is the only legislation after the Constitution of India, which has a broad base of people’s representation, consultation and discussion. It is a truly democratic piece of legislation that can empower people to challenge misgovernance. While the RTI Act 2005 recognises the sovereign authority of states to select their information commissioners, the Bill of 2018 strangely does not allow states to decide their term, status and salary. The Centre will prescribe it from time to time. This is an affront to federal polity, which is the basic structure of the constitution. The Supreme Court time and again said that the right to vote and RTI are fundamental rights. Hence the CIC and Chief Election Commissioner stands on equal footing, and are rightly placed at par by the RTI Act 2005 after thorough debate and consultations. As per the constitutional scheme of distribution of powers between the Centre and states, the Centre cannot make a law for states on the subject of access to records under the control of states.
Presently several posts are being kept vacant. Unless citizens raise their voices, these efforts to stifle the RTI Act will continue. This is the third attempt by the government of India to amend this law and weaken it instead of strengthening it. The Government of India (GoI) needs in fact to initiate measures to improve the functioning by providing them with an adequate number of staff of high calibre for quickly disposing appeals and complaints. Amendments in the RTI Act aim to turn Information Commissioners into puppets of the Central Government.
IN CONCLUSION: Use RTI to bring that change you want to see. The Right to Information is an anti-dote to tyranny and despotism. The proposed amendments to the Right to Information Act, which reportedly seek to downgrade and remove the statutory safeguards in the status of the Chief Information Commissioner and reduce the autonomy of this Constitutional institution are, an assault on the right to information and democracy. The people of India have assiduously asserted their right to information once again. The centre’s decision to defer the Right to Information (Amendment Bill 2018) after protests from the public and the opposition – is temporary good news.
(The writer is a social scientist and criminal lawyer)
