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CHAPTER- I INTRODUCTION 1.1 Right to Information (RTI) The Freedom of Information Bill 2000 was introduced in the parliament on 25th July 2000. In order to promote, transparency and accountability in administration, Parliament passed "Right to Information Bill, 2004 on 15th June, 2005, "The Right to Information Act" was notified in the Gazette of India on 21st June, 2005. The "Right to Information Act" has become fully operational from 12th October, 2005. so as to enable a citizen of India to secure access to information under the control of Public Authorities. The Right to Information act has empowered the citizen of India. He can now question, audit, review, examine, and assess government acts and decisions to ensure that these are consistent with the principles of public interests, good governance and justice. The Freedom of Information Bill 2000 introduced in the Lok Sabha says that: (a) Information means any material in any form relating to the administration, operations or decisions of a public authority. (b) The bill defines public authority as any authority or body established or constituted: i. by or under the Constitution, ii. by any law made by the appropriate Government, iii. and includes any other body owned, controlled or substantially financed by funds provided directly or indirectly by the appropriate Government. (c) Freedom of information means the right to obtain information from any public authority by means of- i. inspection, taking of extracts and notes, ii. certified copies of any records of such public authority and iii. diskettes, floppies or in any other electronic mode or through print-outs where such information is stored in a computer or in any other device. The Right to Information law ensures three important rights to every citizen: Transparency, Accountability and Openness in Governments and every governmental action. Hence one could call it the TAO of the Right to Information Law. Section 4 of the Act mandates the public authorities to disseminate information by publishing certain information within 120 days from the enactment of the Act. They must provide details of the nature, management and their functioning. It is mandatory on the part of public authorities to do so within the time specified in the Act. Dr. Sheila Rai, Transparency and Accountability in Governance and Right to Information in India "State Level Laws Tamil Nadu was one of the pioneer states to introduce the RTI Act on April 13, 1996. The enacted legislation was full of exceptions and inadequacies and was not clear as to how the Act would apply to Panchayat Unions Municipalities and Panchayats. This uninspiring model definitely did not merit emulation. Goa was the second state to enact this legislation (Oct. 1997). Despite tall claims made by the state government regarding transparency and openness to strengthen democracy, the Goa Act also ironically consisted of several peculiar provisions, which allowed the state to withhold information without sustainable reasons for doing so. Vague exceptions and lack of clarity as to who would be the competent authority to furnish information were some of the deficiencies of this Act. Madhya Pradesh passed a bill a year later which was inexplicably sent for asset to the President. The assent never came. Rajasthan passed a bill in May 2000. Thereafter governments of Delhi, Karnataka and Maharashtra also enacted legislations for RTI." 1.2 Research Objective The primary objective of this research paper is to examine the existing institution/infrastructure of the Right to Information regime and examine its successes, weaknesses, opportunities available and threats posed to it (SWOT analysis). The secondary objective of this paper is to specifically examine the impact of RTI regime on the bureaucratic model present India, particularly with regard to the Government offices in India. The central theme of the research paper is the underlying assumption that the RTI regime has been successful in eradication corruption and increasing efficiency to large extent in Indian bureaucratic offices. 1.3 Research Methodology The researcher has relied on existing studies done in the area of RTI and its impact on bureaucracy, and on his own observations conducted in the Mini Secretariat, Driving License Issuing Authority, Gurgaon. CHAPTER- II SWOT ANALYSIS Before a case comes up before the commission, it has to pass through two stages: a request and then an appeal, which may take up to three months. These three months, which can be taken to be the "lead time" for the commission is now practically over and it is expected that the cases will now be smoothly responded to by the central as well as the state information commissions. 2.1 Success A. Rigged Selection of Public Service Commission Exams: A woman who took the Public Service Commission exam as a prerequisite to obtaining a job used the RTI to obtain information that indicated there were severe irregularities in the selection process of new-hires. Her inquiry led to the suspension of the PSC Chairman and the cancellation of twenty job appointments. B. One of the simple and yet very powerful examples of use of the Right to Information (RTI) I have heard is of a slum dweller that had learnt the use of the Right To Information. When he applied for a new ration card, he was told that he would have to give a bribe of Rs. 2000 to the officials to obtain it. Our friend, -a RTI-empowered Citizen, - smiled, and applied for the ration card without offering any bribes or groveling in front of the officials for pity. Our common Citizen had decided to personally become the enforcer of good governance. He found out that the bribe-givers got their ration cards in about four weeks. He waited for an extra four weeks, and then applied for information under RTI. Using the simple format with an application fee of Rs. 10, he delivered it to the Public Information Officer of the Food and Supply office. He had asked up to, which date applications for ration cards had been cleared, and the daily progress report of his application. This shook up the corrupt officials, since the answer would reveal that they had given ration cards to others who had applied after him, which would be conclusive evidence that they had no justification for delaying his card. Happy ending: The Ration card was given to him immediately. Our RTI-empowered Citizen had been able to enforce the majesty of the Citizen by using RTI. This story has been repeated many thousand times in getting a road repaired, getting an electricity connection, admissions in educational institutions and so on. C. Building Inspector immediately sent on deputation because of RTI Act. RTI is very good tool in wiping out the corruption in government offices. There are so many illegal constructions going on in Jangaon Municipality, dist: Warangal. However the Building Inspector was on long leave and was not reporting to the duty since March 2006. I submitted a representation to the Regional Director, Town & Country Planning, Warangal and also the Municipal Commissioner Jangaon, requesting them following information. 1. How long the Building Inspector was sanctioned the leave? 2. Who has sanctioned the leave and what arrangements were made in his absence. 3. Who is responsible, if any untoward incident happens to during illegal constructions? 4. Whether they have reported this long leave to other higher authorities. 5. Requested to provide the various correspondences with higher officials etc. Though the officers submitted me incomplete information but within a weeks time a new Building Inspector was sent on deputation. When I submitted simple representation, the officers were careless and have not acted upon but when same with subject "Request for information under RTI Act" along with Rs10/- IPO, the results are immediate. D. Customs officers transferred On May 16, Newsline reported how 10 officers in the Directorate General of Vigilance, Customs and Central Excise in Mumbai, were continuing in their posts after completing their tenure, despite an official circular disallowing the same. Now, following a Right To Information (RTI) application filed by a city activist, five of the 10 officers are being transferred for completing their tenure in the department. As per a Central Vigilance Commission circular dated November 2, 2001, the Vigilance Department, classified as sensitive, should not be retaining staff and officers for more than the stipulated three years. The Vigilance Department handles cases of corruption and misdeeds by officers from the Customs and Central Excise. The officers whose transfer orders have arrived are Joint Commissioner G Ravindranath and Assistant Commissioner M A Andrade, who joined the Vigilance Department in February 2003, Deputy Commissioner V H Bhatija, who joined in March 2003, and Superintendents Narayan Singh and S K Hattangadi, who joined in August 1999. E. Mrs Bhaduri uses RTI to get a blocked sewer repaired. Former Ambassador of India to Portugal, Mrs. Madhu Bhaduri filed a RTI application with the Delhi Jal Board (DJB). Her mother lives in Hauz Khas, block K and had been complaining about a blocked sewer for a month. Mrs. Bhaduri spoke to the Junior Engineer(JE) to get the matter looked into as the block had started to stink and mosquitoes had become a big problem. The Engineer simply said he'd look into the matter and that the DJB was using very heavy machinery to rectify the problem and did nothing. F. MLA Funds Every MLA in Delhi gets two crores of rupees every year to spend on works for the development of his constituency. This is the people's money. MLAs should ask the people of their constituencies before taking decisions on how this money should be spent. However, most of the time, this consultation is not done and money is spent on works, which may not be a high priority for the people. The people of Pandav Nagar wanted one street to be made. They approached their MLA with a request to get this work done through the MLA fund. The MLA refused saying that the fund had already been exhausted. People applied under the Right to Information Act to know the list of works sanctioned using their MLA's funds and also the balance amount, if any. They were shocked to know that hardly any works had been carried out through MLA fund that year and almost the entire amount was lying idle. Equipped with this information, the people again approached their MLA. It was difficult for the MLA to refuse their request this time. G. RTI for civil service score The Jharkhand Public Service Commission (JPSC) cannot deny students information about the cut-off marks fixed for each subject in civil service examinations, observed the State Information Commission (SIC) today. JPSC, which had earlier decided to provide the cut-off marks to students in view of an order of the Central Information Commission (CIC) to the Union Public Service Commission, stopped on the ground that the Delhi High Court stayed the CIC directive. CIC had recently asked the Central Board of Secondary Education (CBSE) to reveal question-wise marks awarded to students of Class X. SIC has also appealed the Jharkhand High Court to appoint public information officers (PIOs) and formulate rules to furnish information to the public. The Right To Information (RTI) Act came into effect on October 12, 2005. A grace period of 100 days was provided under the Act to designate PIOs since the enactment of the RTI had expired. "The High Court is perhaps the only institution, which is yet to implement the RTI Act," said Mishra. RTI covers all the three wings of governance, including central and state administrations, panchayats, local bodies and non-governmental organisations receiving public funds. 2.2 Weakness One of the major criticisms of the RTI Act has been the availability of a number of grounds for exemption from providing information. In this regard, reference may be made to Sections 8(1) (e) and 8(1) (j) of the RTI Act which provide broad exemptions from disclosure. Further, Section 11 provides an easy route for contesting any disclosure of information that has been provided by the third party. In order for the RTI Act to become even more effective a tool against corruption, the scope of exemptions from disclosure of information that are available under it should be reduced. Section 7 of the RTI Act may be amended to insert a sub-section (10) as follows: The PIO may refuse a request for information if the request is manifestly frivolous or vexatious. Provided that such a refusal shall be communicated within 15 days of receipt of application, with the prior approval of the appellate authority. Provided further that all such refusals shall stand transferred to CIC/SIC, as the case may be and the ClC/SlC shall dispose of the case as if it is an appeal under section 19(3) of the RTI Act. Further, the RTI Act does not provide any exemption from disclosure of information that is privileged and need not be disclosed before a court of law in terms of Sections 122 to 126 of the Indian Evidence Act, 1872. It would be advisable that such privileged information not be required to be mandatorily disclosed under the RTI Act. Right to information has also ambiguity. Section 22 of the Right to Information Act 2005 provides that it is to have overriding effect over inconsistent legislation or rules. The Official Secrets Act, 1923, a legacy of British rule in India, contains several provisions prohibiting the flow of information from the Government to ordinary people. It was enacted to protect against spying, but its provisions are far-reaching. They serve not only to restrict access to information, but also to punish the disclosure of certain sorts of information, by any person. Sections 123 and 124 of the Indian Evidence Act, 1872 also impose unnecessary restrictions on making available official information as evidence. Critics suggest that corruption scandals will remain rampant because: 1) the RTI allocates power to the average citizen and the average citizen lacks the time and resources to uncover corruption and 2) public authorities know and exploit the fact that individual private citizens have less power. The argument is that Indian citizens lack political clout and confidence in their own knowledge of the legal system and this inadequacy creates a rift of power and authority, with the citizen at a disadvantage. The last major criticism of the RTI is that the Act lacks a clause protecting whistleblowers from retaliation by the powerful institutions they are capable of bringing down. India does not have a statute protecting whistleblowers in any capacity, and critics believe this provides a major disincentive for those with important information about corruption to come forward. Considering the powerful vested interests RIA is pitted against, one should not discount the possibility of ingenious interpretations and legalese emerging to cloak the real information as much and for as long as possible. Further, the deprived masses '" the real information stakeholders '" would always be so engrossed in their basic fight for survival that it would be well nigh impossible for them to even contemplate fathoming '" much less swimming '" the sea of administrative and legal battles to secure necessary information. CHAPTER- III RTI AND BUREAUCRATIC MODEL The overwhelming culture of the bureaucracy remains one of secrecy, distance and mystification, not fundamentally different from colonial times. In fact, this preponderance of bureaucratic secrecy is usually legitimized by a colonial law, the Official Secrets Act, 1923, which makes the disclosure of official information by public servants an offence. Corruption and incompetence have made a mockery of the Commonwealth Games. The original cost estimate made in 2003, when Delhi bid for the Games under the National Democratic Alliance government, was for a total of Rs 1,900 crore. The overall costs have escalated to an estimated Rs 11,000 crore and the Government of Delhi is spending an additional Rs 17,000 crore on Games-related and city improve¬ment facilities. Other calculations of the actual costs of these games, inclusive of hidden subsidies, are more than double this amount. Not only have costs ballooned, there has been no trans¬parency in the budgeting, expenditure and accounting of these large monies. The exercise thus far seems only to have been successful in generating cutbacks for the bureaucrats, politicians and wheeler-dealers involved as well as succulent contracts for select realty, construction and hospitality companies. The right to information movement has had to maintain vigi¬lance since the Act was passed, as the bureaucracy stung by the pressure to part with hitherto jealously guarded official informa¬tion does its best to put up barriers to transparency. In 2006, for example, there were moves (since dropped) to amend the Act, one of the proposed amendments being to withhold file notings from public scrutiny. In March this year, the Central Information Commission (CIC) had once again to point out that "file notings" constitute information and cannot be kept secret in opposition to the DoPT's stand that file notings cannot be made public. 3.1 Impact RTI is an effective tool for curbing bureaucratic Red-Tapism. For example, if there is an application filed in any government body for any information, and if the process is delayed, then this tool becomes extremely effective in terms of getting to identify the loopholes and fallacies in the process as the tool also helps in assessing the level of transparency and accountability of the public institutions towards its citizens, which further smoothens the process of the democratic functioning of public institutions. The Transparency International (TI) has reported that perceived corruption in India (a score of 3.5 out of 10)has declined at the rate of about 15-20 per cent per year, due mainly to the implementation of the RTI Act. The cumulative impact on control of corruption and the arbitrary exercise of power, of the availability of such information to the citizen, would be momentous. Information would include, for example in the context of maximum interface of the ordinary citizen with government, the following: '¢ All estimates, sanctions, bills, vouchers and muster rolls (statements indicating attendance and wages paid to all daily wage workers) for all public works. '¢ Criterion and procedure for selection of beneficiaries for any government programmed, list of applicants and list of persons selected. '¢ Per capita food eligibility and allotments under nutrition supplementation programmes, in hospitals, welfare and custodial institutions. '¢ Allotments and purchase of drugs and consumable in hospitals '¢ Rules related to award of permits, licences, house allotments, gas, water and electricity connections, contracts, etc., list of applicants with relevant details of applications, and list of those selected, conditions of award if any '¢ Rules related to imposition of taxes such as property tax, stamp duty, sales tax, income tax, etc., copies of tax returns, and reasons for imposition of a particular level of tax in any specific case. '¢ Copies of all land records. '¢ Statements of revenue, civil and criminal case work disposal '¢ Details of afforestation works, including, details of land/sites, species and numbers of plants, expenditure on protection '¢ List of children enrolled and attending school, availing of scholarships and other facilities '¢ Rules related to criterion and procedure for selection of persons for appointment in government, local bodies or public undertakings, copy of advertisement and/or references to employment exchange, list of applicants with relevant details, and list of beneficiaries elected. '¢ Prescribed procedures for sending names from employment exchanges, relevant details of demands from prospective employers, list of candidates registered and list referred to specific employers. '¢ Rules related to criterion and procedure for college admission, list of applicants with relevant details, and list of persons selected. '¢ Copies of monthly crime report. '¢ Details of registration and disposal of crimes against women, tribals and dalits (literally the oppressed, groups traditionally subjected to severe social disabilties) vulnerable groups, crimes committed during sectarian riots and corruption cases. '¢ Number and list of persons in police custody, period of and reasons for custody. '¢ Number and list of persons in custodial institutions including jails, reasons for and length of custody, details of presentation before courts etc. '¢ Mandatory appointment of visitors committees to every custodial institution, with full access and quasi-judicial authority to enquire into complaints. '¢ Air and water emission levels and content with regard to all manufacturing units, coupled with the right of citizens' committees to check the veracity of these figures; copies also of levels declared safe by government authorities, to be published and made available on demand. 3.2 Corruption in license office On the average, individuals pay about twice the official amount to obtain a license and very few take the legally required driving test, resulting in many unqualified yet licensed drivers. The magnitude of distortions in the allocation of licenses increases with citizens' willingness to pay for licenses. These results support the view that corruption does not merely reflect transfers from citizens to bureaucrats but that it distorts allocation. Between October 2004 and April 2005, the International Finance Corporation (IFC) followed 822 individuals through the process of obtaining a driving license. Driving licences were chosen because its bureaucratic process is analogous to the processes of many other common services '" business licences, export licences, passport and visa services, etc. To this end, the IFC collected data on whether individuals obtained a license, as well as detailed micro data on the specific procedures, time, and expenditures involved. After survey participants obtained a license, the IFC gave them an independent, surprise driving test '" simulating the test that is supposed to be given by the regional transport office '" to determine how well these individuals could actually drive. In addition, some license candidates were given a bonus to obtain the license in the minimal legal time. This was done to understand whether those with a higher willingness to pay (the rich and/or impatient) could more easily obtain a license. Other license candidates were given driving lessons to understand whether good drivers could more easily obtain a license. The results of this study show a deeply distorted bureaucratic process. The average license getter pays about Rs 1,080, or about 2.5 times the official fee of Rs 450, to obtain a license. More importantly, close to 60 per cent of license getters do not take the licensing exam and 54 per cent are unqualified to drive (according to the independent test we performed) at the time they obtain their license. Instead, corruption results in a misallocation of public services, with many unqualified drivers obtaining licences. CHAPTER- IV CONCLUSION Corruption is the largest hurdle to India's pursuit of economic achievement. Corruption in India is all pervasive; it creeps in the political, judicial, police and security system. The damage that has been done to India's reputation by the pernicious evil of public servant corruption cannot be ignored. Corruption perhaps cannot be eliminated completely but with due restraint can be controlled. In this regard, the 2005 RTI Act aided the fight against corruption by granting private citizens the fundamental right to retrieve information from public authorities. Explicit exercise of this right was not possible due to its derivative and implicit existence within the Constitution. But despite the shortcomings it can not be allowed to dominate the growth of a healthy democratic atmosphere- especially in a country which happens to be the largest democracy in the world. Combating corruption which has been a major concern for our country for decades has a solution potentially in the hands of RTI. It is therefore, quite safe to assert that RTI is a means as well as end to achieve democracy in its truest meaning. BIBLIOGRAPHY Abhinav Srivastava. Right to Information. Available at http://www.legalservicesindia.com/articles/rgti.htm. Understanding The "Key Issues And Constraints" In Implementing The Rti Act Approach And Methodology. Available at http://rti.gov.in/rticorner/rti_methodology%5b1%5d.pdf. Smita Srivastava. The Right to Information in India: Implementation and Impact. Available athttp://www.onlineresearchjournals.com/aajoss/art/49.pdf. Right to information. Available at http://www.rrtd.nic.in/right%20to%20information.html. Rani Advani. The Right to Information Law in India----A Comparative Picture. Available at http://www.humanrightsinitiative.org/programs/ai/rti/india/articles/the%20right%20to%20information%20law%20in%20india.pdf. Sheela R. Chandran. RTI act- Its Social Impact. Available at www.napsipag.org/pdf/sheila_rai.pdf. O P Kejriwal. Right to Information Act-Loopholes and Road Ahead. Economic & Political Weekly, November, 2005. Christina E. Humphreys. UICIFD Briefing Paper No. 7: The Current State of India's Anti-Corruption Reform: The RTI and PCA. Available at http://www.uiowa.edu/ifdebook/briefings/docs/india.shtml. Dheeraj Mani. Right to Information Act- an Overview. Available at http://www.legalserviceindia.com/articles/rti_dh.htm. Sudhir Kumar and Shashank Manish. Right to Information: Tool in the Hand of Public. Available at http://www.legalserviceindia.com/article/l89-right-to-information.html. National Anti-Corruption Strategy. Available at http://www.cvc.nic.in/nationalanticorruptionstrategydraft.pdf. Shekhar Singh. Administrative Reforms Commission and Right to Information. Rahul Shrivastava. Right to information. Available at http://legalservicesindia.com/article/article/right-to-information-444-1.html. Oulac Niranjan. Right to Information and the Road to Heaven. Economic & Political Weekly, November, 2005. Harsh Mander and Abha Joshi. The Movement for Right to Information in India, Available at www.rtigateway.org.in/.../12.%20An%20article%20on%20RTI%20by%20Harsh%20Mander.pdf. Delusions of Grandeur. Economic & Political Weekly, Vol XLV No 33 EPW 8, August 14, 2010. Auditing the Right to Information Act. Economic & Political Weekly, May 3, 2008. Namita Singh & Abhay Pratap Singh. Right To Information. Available at http://www.legalserviceindia.com/article/l181-Right-To-Information.html. Animesh. Right to information as a procedural justice. Available at http://legalservicesindia.com/article/article/right-to-information-as-a-procedural-justice-491-1.html. Marianne Bertrand, Simeon Djankov, Rema Hanna, Sendhil Mullainathan. Corruption in Driving Licensing Process in Delhi. Economic & Political Weekly, February 2, 2008. |
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