Right to information is in news after the Supreme Court (SC), stuck down the Electoral Bonds Scheme, citing the violation of Right to information under Article 19(1)(a) of the constitution. SC, through its recent judgement on the Electoral Bonds Scheme, has reaffirmed the importance of the principle of Right to Information Act in India in ensuring robust functioning of the Indian democracy.
What is Right to Information? What is the Philosophical basis of the Right to Information?
Right to Information- The right to information is the right which ensures that the public become ‘citizens‘ rather than becoming ‘subjects‘ in a democratic state, by having unhindered access to the flow of information regarding the functioning of the different arms of the government- legislature, executive and judiciary.
Philosophical Basis of Right to Information- The philosophical basis of Right to Information can be found in the thoughts of Aristotle. According to Aristotle, Liberty and equality, which are the foundational values of Democracy, can be attained only by the citizen’s unhindered right to attain information about the functioning of the government. The information available to each person and society at large shapes individual personality, political and social identity, and economic capability.
Recognition in International Law-
a. Recognised as Foundational Principle of UN- The United Nations (UN) recognised this right from the start, in 1946. The General Assembly resolved that Freedom of Information is a fundamental human right and the touchstone for all freedoms to which the United Nations is consecrated.
b. Recognition in the International Covenant on Civil and Political Rights- The right to Information was made a legally binding obligation after its affirmation in Article 19 of the International Covenant on Civil and Political Rights.
As a result, the right to access information has been firmly enshrined in international human rights law.
What is the history of the constitutional recognition of Right to Information in India?
The Right to information has not been mentioned explicitly as a fundamental right in the constitution. SC has held Right to Information (RTI) to be a derivative of Article 19 (1) (a) which grants the freedom of speech and expression. RTI is also linked to the Indian constitution’s Right to Life and Personal Liberty (Article 21).
| State of U.P. v Raj Narain (1975) | SC held that the right is implicit in the right to freedom of speech and expression, explicitly guaranteed in Article 19 of the Indian Constitution. |
| S.P. Gupta v. President of India (1982) | SC asserted the right of the people to know about every public act and the details of every public transaction undertaken by public functionaries. |
| People’s Union for Civil Liberties v. Union of India case | SC elevated the status of right to information to a human right and linked it to right to life enshrined in Article 21 of the Constitution. |
Legislative Recognition- The RTI movement by Mazdoor Kisan Shakti Sangathan (MKSS), and judicial emphasis on RTI, compelled the Parliament to enact the Right to Information Act in 2005.
RTI Act 2005 aims to provide a practical regime for citizens to obtain information from public authorities, as well as to promote transparency and accountability in the work of all public authorities.
| Read More- RTI Act: Benefits and Concerns – Explained, pointwise |
What is the significance of the Right to information?
1. Exposing corruption- RTI has been used as a weapon to expose the issues of corruption, nepotism and favouritism in India. For ex- CWG scam, coal allocation scams were exposed through the use of this right exercised under the RTI Act, 2005.
2. Ensuring transparency in functioning of the executive- This right has been used to enhance the transparency in the functioning of different government departments. For ex- Public Distribution System transparency in UP.
3. Strengthening of Democracy- This right has provided the citizens the right to ask questions and the right to get answers from the public authorities. This has strengthened democracy in India through active participation of the public.
4. Change in Govt work culture from secrecy to openness- The use of the right to information has mandated officials in every office to change their attitude and duty from one of secrecy to one of sharing and openness. For ex– Maintenance of public records.
5. Teeth to judiciary to invalidate laws encroaching fundamental rights- This right has given more teeth to judiciary to invalidate laws which promote veil of secrecy and encroach fundamental rights. For ex- Recent invalidation of the Electoral Bonds scheme which promoted anonymity in political funding, on the grounds of violation of the right to information.
What are the challenges to the right?
1. Misuse of the right- Sometimes the different types of information sought has no public interest and has been used to misuse the law and harass the public authorities. For ex- Attainment of publicity by filing RTI and a vindictive tool to harass or pressurize the public authority.
2. RTI vs Official Secrets- There are certain Govt functions which demand a veil of secrecy for protection of national interest and maintenance of public order. For ex- Demand of Right to information about Rafael Aircraft procurement, which could have led to the public availability of information about its specifications. This could be utilised by hostile neighbours to counter the advantages.
3. RTI vs Right to Privacy- RTI and the right to privacy conflicting to each other in certain cases. This conflict has been used to draft certain contentious legislations and schemes. For ex- Govt defence of the denial of information in the electoral bonds scheme on the grounds of protection of donor’s privacy.
4. Low awareness level- Awareness level about this right is low, especially among the disadvantaged communities such as women rural population, OBC/SC/ST population.
5. Executive’s apathy- The right has been subjected to executive’s apathy in recent times. For ex- The RTI Amendment Act 2019, which downgraded the powers and position of the CICs and ICs.
6. Non- application on Political Parties- The right cannot be exercised to seek information from the political parties. Political parties are the pillars of Indian democracy. The non- application of the RTI on political parties pose a grave threat to Indian democratic setup.
What should be the way forward?
1. Re-affirmation of the right to information as a cardinal virtue of democracy- The SC through its verdicts, like in the case of electoral bonds, must re-affirm the right of information as a cardinal virtue of democracy.
2. Making the information available in local languages- The information associated with the RTI Act and its functioning must be made available in the local language, considering the diverse nature of our country.
3. Education about the right- Education about the right to know should be made mandatory at the school level in our new education policy to develop a sense of responsibility and vigilant citizenship in the forthcoming generation.
4. Making RTI applicable on Political parties- The parliament must bring the Political parties under the ambit of RTI to ensure proper functioning of the Great Indian democracy.
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