1       Right To Information Act

If people do not have the right to know and access authentic information, floodgates to corruption will be opened. Democracy stands on the idea of government working for its people. The people must know what the government is doing with their resources. Thus, this right is recognised to promote transparency, accountability and openness. Without access to information, the idea of welfare gets defeated.According to Soli Sorabjee, the right to information leads to transparency, accountability, and integrity. Similarly, P B Sawant also acknowledges the need fortransparency. He says that barriers to information promoteembezzlement, arbitrary decisions and manipulations.[1]

Although the Constitution of India has not mentioned the Right to Information as a right, the Supreme Court widened the scope of the Right to Freedom and Expression to include the right.[2]The court has held that the true meaning of democracy will be fulfilled only if the people are aware of how the government is functioning and hold them accountablewill the meaning of true democracy be achieved.[3]Enacted into law on 12th October 2005, this legislation is a cornerstone of transparency and accountability in the government’s operations. It empowers citizens to access public information from government authorities and gives them a voice and a role in governance. This Act and other information-prioritising laws like the Office Secrets Act of 1923 and the Whistle-blowers Act of 2014 are a testament to India’s commitment to an informed and participatory democracy.

The Right to Information Act is not just a piece of legislation but a comprehensive system. It mandates the establishment of Information Commissions at both the central and state levels.[4] These Commissions, functioning as independent quasi-judicial bodies, are crucial in implementing the Act. They hear appeals and complaints relating to RTI, conduct thorough investigations, and have the authority to impose fines based on the complaints.[5] This robust system, coupled with the enactment of RTI laws by various states, ensures the government’s accountability and instils confidence in citizens that their concerns will be heard and addressed.[6]

In 1966, the United States adopted the Freedom of Information (FOI) Act, which established a right to information held by federal governmental agencies. After the resignation of President Richard Nixon on the grounds of power misuse, the right’s necessity became even more glaring. By 2010, nearly 70 countries had adopted similar statutes. While the FOI Act applies only to the national government, the RTI Act also includes states and local governments within its scope.[7]

After nearly two decades of the Act, the paper intends to revisit the efficiency of the Act and how it has helped transform India into a better country.

[1] Varsha KhanwalkerThe Right to Information Act in India: Its Connotations and Implementation, 72 The Indian Journal of Political Science 2, (2011)

[2]State of UP v Raj Narain, AIR 1975 SC 865

[3]S P Gupta v Union of India, AIR 1982 SC149

[4]The Right to Information Act, 2005, § 12, No. 12, Acts of Parliament, 2005 (India)

[5]The Right to Information Act, 2005, § 18, No. 18, Acts of Parliament, 2005 (India)

[6] Bhavna Singh, An Overview of the Right to Information Act in India, 5 Indian J. L. & Legal Research 1 (2023)

[7]Nancy Roberts & Alasdair Roberts, A Great and Revolutionary Law? The First Four Years of India’s Right to Information Act, 70 Public Administration Review 6,2010