A Study on the Significance of Right To Information Act

CHAPTER - 1 INTRODUCTION Since the time of democratic Governments came to function it is the intention of curious citizens to seek information as to how the administrations, carries on the work of administration entrusted to them by law. The subjected citizens some times are eager to know, how taxes paid by them has been utilized by men in power or whether such spending has gone on sideways (miss- utilized). The curious citizens are also interested to know how the discretions vested with the administrators are utilized, properly implemented for the benefit of larger interest of society/community or whether such discretions are got en-cashed in the process o dispensing of benevolences given by the State. From time to time mechanisms have been devised to keep checks and balances on administrators, about the utility of funds ear marked for developmental work. This strict scrutiny of administrative action is possible only when the opposition party in the Legislature House is strong enough to expose the misdeeds of the Administrators/Executives. The problem of dissecting the pit-falls of the Government policies comes only when the opposition may also not morally strong enough to scrutinize governmental actions or obvious reasons. At that time the governed/voter/subject requires to know how things are taking shape in following the policy of the State. In any part of the

world and in any forms of Governments, the persons in power, who are prone to commit misdeeds and who have committed misdeeds, wants to hide facts from the glare of public view. To cover up such miss-deeds or misdemeanor the rulers will try not to disclose the true facts to the public. To overcome this difficulty in securing information from the Governmental machinery information must be sought from persons who hold such information. In this direction the main of aim of Right to Information Act is to secure information
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from authorities for exposing mis-deeds or to fortifying to criticize antipeople policies with valid points. To remedy this problem it is only by securing right information by means of questioning so as to facilitate the public to secure such information on the functioning of Governmental authorities The Right to Information Act, 2005 has been enacted on 15th June 2005 (Central Act No.22 of 2005) by the Central Government. It has taken India 82 years to transition from an opaque system of governance, legitimized by the colonial Official Secrets Act, to one where citizens can demand the right to information. The recent enactment of the Right to Information Act 2005 marks a significant shift for Indian democracy, for the greater the access of citizens to information, the greater will be the responsiveness of government to community needs. Right To Information is derived from our fundamental right of freedom of speech and expression under Article 19 of the Constitution. If we do not have information on how our Government and Public Institutions function, we cannot express any informed opinion on it. Democracy revolves around the basic idea of Citizens being at the center of governance. And the freedom of the press is an essential element for a democracy to function. It is thus obvious that the main reason for a free press is to ensure that Citizens are informed. Thus it clearly flows from this, that the Citizens Right To Know is paramount. The Act and its rules define a format for requisitioning information, a time period within which information must be provided, a method of giving the information, some charges for applying and some exemptions of information which will not be given.

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The need for the right to information In recent years, there has been an almost unstoppable global trend towards recognition of the right to information by countries,

intergovernmental organizations, civil society and the people. The right to information has been recognized as a fundamental human right, which upholds the inherent dignity of all human beings. The right to information forms the crucial underpinning of participatory democracy - it is essential to ensure accountability and good governance. The greater the access of the citizen to information, the greater the responsiveness of government to community needs. Alternatively, the more restrictions that are placed on access, the greater will be the feelings of 'powerlessness' and 'alienation'. Without information, people cannot adequately exercise their rights as citizens or make informed choices. The free flow of information in India remains severely restricted by three factors: 1. The legislative framework includes several pieces of restrictive legislation, such as the Official Secrets Act, 1923; 2. The pervasive culture of secrecy and arrogance within the bureaucracy; and 3. The low levels of literacy and rights awareness amongst India's people. The primary power of RTI is the fact that it empowers individual Citizens to requisition information. Hence without necessarily forming pressure groups or associations, it puts power directly into the hands of the foundation of democracy- the Citizen. Applicability of the Act: The Act applies both to Central and State Governments and all public authorities. A public authority (sec. 2(h)) which is bound to furnish information means any authority or body or institution of self-government
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established or constituted (a) by or under the Constitution, (b) by any other law made by Parliament, (c) by any other law made by State Legislature, (d) by a notification issued or order made by the appropriate Government and includes any (i) body owned, controlled or substantially financed, (ii) nongovernment organization substantially financed - which, in clauses (a) to (d) are all, directly or indirectly funded by the appropriate Government. What is Right to Information? The right to information is defined in sec. 2(j) as a right to information accessible under the Act which is held by or under the control of any public authority and includes a right to (i) inspection of work, documents, records, (ii) taking notes, extracts or certified copies of documents or records, (iii) taking separate samples of material, (iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device. Informations covered under the Act The Act defines information in sec. 2(f) as any material in any form, including the records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, log books, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any law for the time being in force. Sec. 2(i) defines the word record as including (a) any document, manuscript and file, (b) any microfilm, microfiche and facsimile copy of a document, (c) any reproduction of image or images embodied in such microfilm and (d) any other material produced by a computer or any other device.

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Maintenance and Publication of Records Sec. 4 makes it a duty of public authorities to maintain records for easy access and to publish within 120 days the name of the particular officers who should give the information and in regard to the framing of the rules, regulations etc. Subsection (3) of sec. 4 states that for the performance of subsection (1), all information shall be disseminated widely and in such form and manner, which is easily accessible to the public. Sec. 6 permits persons to obtain information in English or Hindi or in the official language of the area from the designated officers. The person need not give any reason for the request or any personal details. Sec. 7 requires the request to be disposed of within 30 days provided that where information sought for concerns the life or liberty of a person, the same shall be provided within 48 hours. Under sec. 7(7) before any decision is taken for furnishing the information, the designated officer shall take into consideration the representation, if any, made by a third party under sec. 11. A request rejected shall be communicated under sec. 7(8) giving reasons and specifying the procedure for appeal and the designation of the appellate authority. Sec. 7(9) exempts granting information where it would disproportionately divert the resources of the public authority or would be detrimental to the safety and preservation of the record in question. Exemptions Sec. 8 exempts from disclosure certain information and contents as stated in Sub-clauses (a) to (j) thereof. Sub-clause (b) exempts information, which is expressly forbidden by any court of law or tribunal or the dispute of which may constitute contempt of court. Sub-clause (g) exempts information the disclosure of which would endanger life, or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purpose. Sub-clause (h) exempts information, which
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could impede the process of investigation or apprehension or prosecution of offenders. Sub-clause (i) exempts Cabinet papers. It is important to note that the Act specifies that intelligence and security organizations are exempted from the application of the Act. However, it is provided that in case the demand for information pertains to allegations of corruption and human rights violations, the Act shall apply even to such institutions. Constitutional Avenues Remain Open Under the Act, where a citizen has exhausted the remedy of appeal or second appeal, the finality given to the orders of the commissioners and appellate authorities is only for the purposes of the Act and the citizen has a right to approach the High Court under Art. 226 or where it refers to a fundamental right, he may even approach the Supreme Court under Art. 32. Right to Information is a Fundamental Right The right to information is a fundamental right flowing from Art. 19(1)(a) of the Constitution is now a well-settled proposition. Over the years, the Supreme Court has consistently ruled in favour of the citizens right to know. The nature of this right and the relevant restrictions thereto, has been discussed by the Supreme Court in a number of cases: In Bennett Coleman, the right to information was held to be included within the right to freedom of speech and expression guaranteed by Art.19 (1) (a). In Raj Narain, the Court explicitly stated that it is not in the interest of the public to cover with a veil of secrecy the common routine business - the responsibility of officials to explain and to justify their acts is the chief safeguard against oppression and corruption. In S.P. Gupta, the right of the people to know about every public act, and the details of every public transaction undertaken by public functionaries was described. The preamble of RTI Act, 2005 (Central Act No.22 of 2005)
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recites that the Act has been enacted, to set-out for practical regime of Right to Information for citizens. To secure access of information under the control of public authorities, in order to promote transparency and accountability, in the working of public authority and also the constitution of Central and State Information Commission for monitoring; supervision and administration of Right to Information Act. Apart from this Aim of Right to Information Act is that democracy requires an informed citizenry and transparency of information, which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the Governed. It has also been felt by the Government to moderate revelation of information in actual practice which is likely to conflict with other public interests, including efficient operations of the governments; Optimum use of limited fiscal resource available at the disposal of the Government and the prevention of confidentiality of sensitive information; to harmonize these conflicting interests while preserving the paramountcy of the democratic ideal; and to provide certain information to citizens who desire to have it

revelations and stipulations have been made under RTI Act, 2005. Even to appreciate or criticize, Governmental action the citizen must have, correct information of the policy of Government and such information are requires to be obtaining from the administrations. For this, the right tool in the hands of citizens is Right to Information. Another important function of right to information is to expose corruption which is taking place inside the organization. Time and again it has been felt by authorities that in any organization of Government, where spending money on various projects, persons involved in managing such affairs inevitably knows, who is corrupt, in the system of working. For obvious reason they cannot on their own disclose, to whoever he may be, who is corrupt or who is sabotaging the
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scheme of action within the system. Which is the detrimental of public good persons who knows such information, requires to divulge such information by them; then there must be sufficient mechanism and protection to the informer who is known as a whistle blower. In our of system of governance, it can also, treated only as a wishful thinking. Whenever administrators are wronged and not transparent in their activity, the informers or colleagues are not prepared to divulge such information regarding wrong spending of Government and its mis-utilisation, to extract such information, which can be used against administrator, requires the support of the Statute which is absolutely required. Another important feature of Right to Information Act is that the locus standee of gatherer of information is not insisted; it may be for the reason to encourage the public to develop the habit of asking and ascertaining/how policy makers/implementers are functioning in

implementation of socio-economic projects of the Government. One more aim of Right to Information Act is also to reduce/contain corruption and exposure of misdeeds. In this process of securing information, such seekers of information should not be made to over dramatise the facts secured by them under Right to Information Act. In this context, it may be mentioned under Freedom of Information Act, 2000 an information regarding the disclosing of assests and liabilities of any employee can be sought by seeker of information as a matter of right. But under Right to Information Act, 2005 the Central Information Commission has ruled in many cases that utmost caution is needed in disclosing personal information of employees of public authority (F.No. CIC/AT/A/2006/00311, dated 3rd November, 2006 in Shri Janardan Dubey Vs Ministry of Defence; and property returns filed by employees do not constitute public action and are barred from disclosure as help in Decision No. 256/IC(A)2006,
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F.No.CIC/MA/A/2006/00509, dated 11th September, 2006 in Sri S. Saran Vs. Rashtriya Ispat Nigam Limited, Vishakapatnam Steel Plant. Under the State enactment whether the information sought relating to assets and liabilities of Government employees or employees covered by under Right to Information Act, requires reconsideration, and such information sought may can it be treated as a third party information, since the filling of annual statement of assets and liabilities are covered by the conduct rules of the employees; and the employees are also governed by other service rules, then in proven cases only after examination of the bonafide of the applicant and his standing, information may be considered to be given. If at all such information are sought through Right to Information Act, then there may be and are chances of setting personal agenda against government servants by unconcerned vexatious persons than seeking information to streamline administration of Government. This is one grey area where state authorities have to ponder over it. The main features of the Right to Information Act, 2005 is that it contains six chapters with thirty one Sections and two Schedules and States have also frames Rules for implementation of the Right to Information Act, 2005. The following Sections have come into force from 15th June 2005. Section 4(1) Obligation of Public Authorities; Section 5(1) Designation of Public Information Officers of Chapter II; and Section 5(2) designing of officers within one hundred and twenty days of Chapter II; Section 12: Constitution of Central Information Commission; and Section 13. Terms of office and conditions of service of Chapter III; Section 15. Constitution of State Information Commission

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Section 16

Term of Office and condition of service of State Chief of

Information Commissioner and State Information Commissioners Chapter IV; Section 24: Act not to apply to certain Organization; Section 27: Power to make rules by Appropriate Governments and Section 28 Power to makes rules by competent authority of Chapter V;

and the remaining Section have come into force from 12 th October 2005 that is on its one hundredth and twentieth day after enactment of Right to Information Act, 2005. Fourteen terms have been defined under Definition Clause and more specific and important are Section 2(1): (f) information; means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars orders, logbooks, contracts, reports papers, samples models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any law other law for the time being in force. Section2 (1) (i) (ii) (iii) record include any document, manuscript and file.any microfilm, microfiche and facsimile copy of a document; any reproduction of image or images embodied in such microfilm whether enlarged or not) (iv) any other material produced by a computer or any other device; Section 2(1)(i) right to information means the right to information accessible under the Act which is held by or under the control of any public authority and includes the right to (i) (ii) inspection of work, documents, records; taking notes, extracts or certified copies of documents or records;

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(iii) taking certified samples of materials; (iv) obtaining information in the form of diskettes, floppies, tapes, video

cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device; Section2(1)(n) third party means a person other than the citizen making a request for As contemplated under Section 3 of the Act, all citizens shall have the information as a matter of right subject to provisions of the Act. In the State of Karnataka all Departments have notified the names of the Information Officers, in various departments, from whom the information can be obtained on payment of prescribed fees. The requirement of Section 4 is, that is obligation of public authorities has been compiled and majority of the Government departments have notified the particulars of their organization, functions and duties of their employees, name and address of Information Officers, in the official gazette. The departments have also notified the Citizens Charter ie., what is expected of them by the public and such information have been notified both in English and Kannada language. Under Section 4 of the RTI Act, 2005, seventeen different duties and obligation are cast on public authorities for divulging of Information as enunciated under the Act. Section 6 of the Act prescribes the fee and the form to be submitted to secure particular information from the authorities and if the applicant is unable to reduce his thoughts in writing, he authorities concerned are required to help him, not only getting the application written but also guiding the applicant how to secure that information. Disposal of application seeking information from the authorities under RTI Act is on time bound basis and normally within thirty days information has to be furnished and if the

application is related to life and liberty such applications are required to be

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disposed-off within forty-eight hours of the receipt of the application and failing which penalties are contemplated under Section 20 of the RTI Act. Law also provides in case of not furnishing of complete information or providing incomplete information, the Information Officer must furnish not only reason for shortcoming of information, but also communicate to the applicant, what remedy is available to the applicant and the particulars of such authority from whom the applicant can seek further remedy. Any information sought under RTI Act, from Public Information Officer should be furnished within thirty days and information sought of through any others another five days are added and if the information relates to third parties, the maximum time in which information has to be furnished is within forty days. Regarding information concerning life and liberty is involved such information shall be furnished within forty eight hours. In relation to the person who is under arrest, the arrested person shall be informed in a language known to him the reason for his arrest and to the persons to whom the intimation of arrest should be communicated as declared in Human Right Act in Rome Convention of 1948. Liberty includes living peacefully without encroachment on rights like violation of habitation and prevention of right to light and water and also peaceful existence. RTI Act also provides for exemption from furnishing information under ten different circumstances narrated under Section 8 of the Act. If the disclosures demands, that the necessity of disclosure information outweighs the public interest, then such information are required to be furnished by the Information Officer limiting it only to cases falling under Second Schedule of the RTI Act, 2005. While seeking information under RTI Act, where such cases of infringement of Copy Right is involved, it also provides for denial of such information under Section 9 pf the Act. During the course of disposal of
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application under RTI Act, the information officer may also come to an opinion that the information sought is out of vexatious interest, then the Information Officer can deny the information sought and after denial of such information, if applicant seeks further remedy, then first or second appellate authority will have opportunity to consider the request of the applicant and then information sought, if conceded by the first and second appellate authorities , such information has to be furnished to the applicant by the Information Officer. In case of any information sought relates to a third party, then the third party may have to be notified, and by furnishing such information, if third party is aggrieved, then such affected third can go in appeal under Section 19 of the RTI Act. In all the cases the seeking information sought outweighs the public interest, then the information sought cannot be denied at the by the authority. Section 12 & 13 of the Act, provides for appointment of Chief Information Commissioners at Center and also not exceeding ten Central Information Commissioners and their duties and responsibilities have been formulated. The appointment is by recommendation of Prime Minister in consultation with the Leader of opposition in Lok Sabha and one Cabinet Minister nominated by the Prime Minister. The terms and conditions of the appointment cannot be varied to the disadvantage appointed person and the status of the Central Information Chief Commissioner is that of Chief Election Commissioner of India and Commissioner is equivalent to Member of Election Commission of India. Section 15 provides for Constitution of State Information

Commission with one State Chief Information Commissioner and not exceeding ten numbers of State Information Commissioners appointed by the Governor and they shall be persons of eminence in public life with wide
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knowledge of experience of law, science and technology, social service, management, mass media or administration and governance. The service condition and tenure of office of the Chief Information Commissioner is on par with the State Chief Election Commission and that of Information Commissioners is that of Chief Secretary of Government. The appointment of State Chief Information Commissioner and State Information Commissioners are made by the Governor on the recommendation of the Chief Minister as Chairman with leader of apposition of Legislative Assembly and a cabinet minister nominated by the Chief Minister as member of the Committee. Powers and functions of State and Center Information Commission are vast and are as enumerated under Section 18 of the Art. Both Central Information Commission and State Information Commission have analogous powers as vested in a civil court while trying a suit under the code of Civil Procedure 1908. Aggrieved by the finding of the Information Officer, appeals can be filed within thirty days before the public Information Officer who is senior in rank to the Central or State public Information Officer entertainable with power of condonation of delay. The Second Appellate Authority may also admit the appeals with condonation of delay of appeals preferred after ninety days. The Second appellate authority has vast powers in administration and appellate jurisdiction conferred under the Act. Under Section 20 of the Act, on proven case of fault of the authority, the Central/State Information Commission can, not only subject the defaulter or who has committed an offence, after giving an opportunity of being heard, award a penalty of Two hundred and fifty rupees per day but can also can recommend to the appointing authority of the faulted officer for institution disciplinary proceedings against the delinquent official.

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Apart from this The Commissions both Center and State has the power of monitoring and reporting of its working and compilation such statistics about implementation and monitoring administration of this Act is required to be reported to Government: relating to: The number of requests made to each public authority; The number of decisions where applicants were not entitled to access to the documents pursuant to the requests, the provisions under which decisions were made and the number of times such provisions were invoked; the number of appeals referred to Central/State Information Commission, as the case may be for review; the nature of the appeals and the outcome of the appeals; the amount of charges collected by each public authority under Act; particulars of any disciplinary action taken against any officer in respect of the administration of the Act; any facts which indicate an effort by the public authorities to administer and implement the spirit and intention of this Act; recommendations for reforms, including recommendations in respect of the particular public authorities, for the development, improvement, modernization, reform or amendment to this Act or other legislation or common law or any other matter relevant to operationalising the right to access information. The Center or State Government shall arrange to cause a report of the Commission to be tabled before each of the House as soon as possible. Under Section 26 the appropriate Government may to the extent of availability of financial and other resources. Develop and organize educational programmers to advance the understanding of the public, in particular of disadvantaged

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communities, as to how to, exercise the rights contemplated under the Act; Encourage public authorities to participate in the development and organization of programmes and to undertake such programmes themselver; Promote timely and effective dissemination of accurate information by public authorities about their activities; and Train Central/ State Public Information Officers, and produce relevant training materials for use by the public authorities themselves.

Apart from this, statute also stipulates, within eighteen months of the coming into operation of this enactment, the appropriate Government shall compile in its official language a guide containing such information, in an easily comprehensible form and manner, as may be required by a person who wishes to exercise any right specified in the Act. Such guidelines shall requires to be updated at frequent intervals. and shall be published for information of the public. Relevant Rules for implementation of the Act, have been framed by the Center and State Governments in implementation of this RTI Act. The working of the Act, in the State of Karnataka is also worth studying. State Government has published Rules to implement this Act. Apart from this, the Karnataka Right to Information Act, 2000 has come into existence with effect from 10th December 2000 (Karnataka Act No.28 of 2000) which was a separate enactment and in this Act the information relating to returns of assets and liabilities filed by any Government servant Shall be made available to the public and where such request relates to personal information, the disclosure of which, has no relationship to any

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public activity or which would cause unwarranted invasion of the privacy of an individual except where larger public interest is served by disclosure; The State of Karnataka is pioneer in enacting Karnataka Transparency in Public Procurements Act, 1999, and publishing relevant Rules way back in the year 1999, Wherein it has been notified for tenders over five crore by public works department and in other cases more than one crore are to be by two cover tender systems for securing service after due publication of tenders with certain exceptions under certain exigencies. When statues guarantee the right to secure information there are also mechanisms to streamline the flow of information from the Governmental agencies to the person who have secure such information. Even though stature stipulates that training programmes shall be arranged, material

prepared for information of general public not much publicity is given to Right to information Act, like what has been given to scheme of legal aid, extending of old age pensions, advertisement given to Ashraya Schemes etc., the matter of securing information under Right of to Information also requires to be advertised through hoardings at every important junctions of Taluk and District Headquarters and also before all Government and aided institutions. This will create more awareness on the part of the citizen to secure right information under Right to Information. Another way of educating public on right to Information Act, is keep copies of various reports tabled on the house of Legislatures in all Public Libraries at State, District and taluk places. Separate enclosures m and made available in all ZP and gram panchayath offices for the use of the members of public. Separate counters may be established in those libraries with literature on Right to Information available to the reading public. Apart from this social service institutions like Rotarians, Members of Lion Clubs and Jaycees,

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womens organization, NGOs must take active part to propagate the idea of securing information under Right to Information Act. Regarding functioning of Karnataka Information Commission, there are more than seven hundred second appeals filed before the KARNATAKA Information Commission from January 2007 to May 2007. The majority of cases involved in second appeals is mainly on civic amenity or against revenue authorities. Not many appeals are filed are filed denial of information involving law enforcing authorities, taxations departments or expenditure made by development authorities. But in case Central Information Commission, information sought on diverse grounds fee matters, guide lines on public authorities opinions and advises, cabinet and board papers, finance and banking matters examination and service matters vigilance and enquiry matters. Under State Commission, there are more number of complaints against authorities than appeals. The main reason may be there is no denial of information or such information might not have been asked by public. The cause for this lacunae may be political parties which are the breeding centers of future legislators and law makers appears to have not taken active participation in training activities under RTI Act to educate party cadres either by both ruling or opposition parties. Systematic training imparted to base level party workers on Right to Information Act will change the scenario of mis-information, no-information, wrong information, misdeeds, harassing public and other corrupt practices in implementing the projects and policies of the various governmental funded agencies. While hearing second appeals, the State Information, Commission can enforce the attendance and production of documents on priority basis. To represent the defendant officers before the State Information Commission, appropriate appointment of Nodal Officers with sufficient Statues to bind the

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defendant officers, against whom the Commission has issued Notice is not forthcoming or not yet formulated by the Government department/agencies. The way State commission hears the case in Bangalore it is seen that the petitioner feels that the State Commission is a grate going treats them with utmost courtesy to the petitioners, respecting the dignity of the defendant, rather more educative, than punitive. This courtesy of the Commission is some what mis-read by the defendant officers in not complying with production of record on the ground not-traced, not-available at the appropriate time or shifting responsibility from one officer to another. Karnataka State Information Commission is housed in third floor II wing of multistoried building with a modern office networked with Computers. The cause list is exhibited through net working. Court halls with spacious sitting accommodation for the petitioners and defendants are provided. But only designations of the officers are indicated at the entrance of the Commission office without disclosing the scope of each authority; prime duties and responsibilities it discharges has not been exhibited at the entrance of the office. As could be seen from the number of second appeals pending before the Commission and Commission must also give its thoughts to hear the petitioners at the concerned District Headquarters by which the travel and expenditure on petitioners are saved, since the case may not be finalized in one sittings and Commission may also not recover the cost from the defendant to be payable to the deserving to the deserving petitioner except directing a penalty on the defaulting party. The State Information Commission on cases pending before it can summon/enforce the production of records and fix responsibility on the erring person. The problem comes when the file is under trace or not producing at the appropriate time or untraceable. In such circumstances the method rebuilding of files and guidance given how fast the file can be re-built for
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production before the Commission, rather then mere punishment

of the

erring official will not solve the problem, the solution is how fast the records can be rebuilt securing information available at various ends the scattered correspondence has taken place. The issues decided by the Commission are published and accessible to the public through the Commission domain. Even though the Right to Information Acr2005 came into in force in June 2005 and Rules framed by October 2005. Education of officials in Karnataka is done through District Training Institute has come into force only after May 2007 and not many training programmes have been drawn up for training of officers who are implementing/executing the policy of the State. The State must organize programmes of education under Right to Information predominately for persons dealing public utility, revenue and police administration and zilla and taluk panchayats who are involved in implementation major governmental development works. Under Karnataka Transparency Act, double cover tenders are invited and accepted after many deliberations. At the project site the nature of work, value for which is has been tendered, the work undertaken and the period of completion are exhibited both in regional and English language. The important point missing in the Act is the follow-up disclosure of the cost involved at the end of the project, the delay in execution of the work, if any in completion of work, the escalation in cost, the factors and persons responsible for such delay is not made known to public, may be on the pretext that those facts will be audited by proper authorities and such lapses will be scrutinized by legislative committees and public account committees. If that is so, then that procedure was there even before the coming of the advent of Karnataka Transparency Act. With introduction of Transparency Act, enlightened citizen/organizations can seek this information to deliberate
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and bring it to the notice and education of public the misdeeds or short coming of the implementation and cost of projects. Comparison with the USA Act The United States enacted a Freedom of Information Act (FOIA) in 1966 and introduced amendments in 1974 and 1986. This Act is applicable to government agencies. Agencies under the act include the whole executive arm of the state as well as military department, government corporations and government controlled corporations and any independent regulatory agency. The Act begins with the obligation on the government agencies to publish (in the Federal Register) information about the organization of the agency; functions; procedure; the persons/officials from whom information can be collected; the availability of forms; the scope of information available; the substantive rules and statements of general policy or interpretations of general applicability adopted by the agency and amendments thereof. The agencies are obligated to provide records not included in the above categories, upon request, which reasonably describes the record. The right to make a request lies with any person, i.e., any legal entity like an individual, private corporation etc. The request has to be in accordance with the rules in place regarding time, place, fees and procedure to be followed. The regulations have to be made by each agency and framed pursuant to notice and receipt of public comments thereon. It must include a schedule of the fees and the guidelines to determine the waiver or reduction of the fees. The Act contains minimum tests for fees. Fees have to be limited to reasonable standard charged for search, duplication and review when requested for commercial use. This is limited to reasonable charges for duplication only when request is by educational or scientific institution, for scholarly or scientific research; or by representative of the news media. For

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any other kind of request, reasonable standard charges for document search and duplication is the norm. Time period for compliance with a request is ten (10) days from receipt of the request. Decision will be notified immediately to the requestor with reasons. In case of refusal, it must mention the right to the requester to appeal to the head of the agency and the names and titles/positions of the person responsible for the denial. The time limit is extendable with notice and reason but only for a maximum of 10 more days. Such extension is allowed for search and consultation time. The first appeal lies to the head of the agency and has to be determined within twenty (20) days from the date of receipt of the appeal. From this departmental appeal lies the right of judicial review by the District Court. The court can be approached directly, in case of no response on the request within twenty days or if the decision of the departmental appeal is not given within twenty days. Additional time is given for review of the request by the court after retaining jurisdiction if the government can show existence of exceptional circumstance and due diligence of the agency in responding to the request. The United States like other developed countries enacted laws such as the Freedom of Information Act 1966,which allow individuals to access records of government agencies in order to ascertain the proper functioning of such agencies. The Freedom of Information Act like our own Right to Information Act provides for a specific time period within which applications made under the act must be complied with. The Freedom of Information of Act provides that only a reasonable fee for compiling with the request for information shall be levied on the citizen. Similarly the Right to Information Act also provides for a prescribed fee that will be levied on the citizen making an application for information.
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Freedom of Information Act, which expressly provides for the District courts in the US to exercise the power of judicial review in case of nonresponse from the authorities established under the act or by way of appeal from such authority. The power of judicial review though not expressly provided under the Act is inherent, as this power has been given to them by the Constitution. Impact of the New Law Now that the statute requires information about the pendency of the applications, reasons as to why they are not disposed of or the reasons behind the rejection of an application, there is bound to be improvement in the efficiency of the departments. As of now, the only supervision of efficiency is supervision that is made by the superior officers at the time of reviewing the employees work and while recording comments in the annual confidential reports or ACRs. This process has not proved successful and though it may be continued, still the threat of a Designated official calling for the relevant information at the instance of a citizen will be a salutary check on the inefficiency of officers. It also checks lethargy or bad faith or corrupt motives. Another important aspect is that in India we have not given respect and prominence to the rights of the individual Citizen. True democracy is impossible until we recognize the majesty of the individual Citizen. If individual Citizens are empowered to ensure greater accountability and transparency in governance, it can bring about a major change. There has been no vehicle available for individual citizens to impact the governance structure. In a system reeking with corruption and becoming increasingly insensitive to the problems of the disadvantaged Citizenry, the Right To Information has shown promise of empowering Citizens to get accountability and act as an enforcer of good governance.
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The overall impact of these decisions has been to establish clearly that the right to freedom of information, or the public's right to know, is embedded in the provisions guaranteeing fundamental rights in the Constitution. Various Indian laws provide for the right to access information in specific contexts. Section 76 of the Indian Evidence Act, 1872, contains what has been termed a 'Freedom of Information Act in embryonic form'. This provision requires public officials to provide copies of public documents to anyone who has a right to inspect them. The Factories Act, 1948, provides for compulsory disclosure of information to factory workers "regarding dangers including health hazards and the measures to overcome such hazards", arising from their exposure to dangerous materials. While this is an excellent provision, in practice it is violated with impunity. The Environment (Protection) Act 1986, and the Environmental Impact Assessment Regulations provide for public consultation and disclosure in various circumstances. Example of use of the Act 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
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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. Criticisms of the Act The Act has been criticized on several grounds. It provides for information on demand, so to speak, but does not sufficiently stress information on matters related to food, water, environment and other survival needs that must be given pro-actively, or suo moto, by public authorities. The Act does not emphasize active intervention in educating people about their right to access information -- vital in a country with high levels of illiteracy and poverty -- or the promotion of a culture of openness within official structures. Without widespread education and awareness about the possibilities under the new Act, it could just remain on paper. The Act also reinforces the controlling role of the government official, who retains wide discretionary powers to withhold information. The most scathing indictment of the Bill has come from critics who focus on the sweeping exemptions it permits. Restrictions on information relating to security, foreign policy, defence, law enforcement and public safety are standard. But the Right to Information Act also excludes Cabinet papers, including records of the council of ministers, secretaries and other officials, this effectively shields the whole process of decision-making from mandatory disclosure.

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Another stringent criticism of the Act is the recent amendment that was to be made allowing for file notings except those related to social and development projects to be exempted from the purview of the Act. File notings are very important when it comes to the policy making of the government. It is these notes that hold the rationale behind actions or the change in certain policy, why a certain contract is given or why a sanction was withheld to prosecute a corrupt official. Therefore the governments intention to exempt the file notings from the purview of the Act has come in for stringent criticisms.

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CHAPTER - 2 REVIEW OF LITERATURE

Review of literature is an integral component of any study or project. It enhances the depth of knowledge and inspires clear insight in to the problem. Literature review throws light on the studies and their findings reported about their findings reported about the problem under study. Review of literature as a systematic identification location and summary of written materials that contain information on research problem. The review of related literature provides basis for future investigation. It justifies the need for the study throws light on the feasibility of the studies, reveals constraints of data collection and related findings from one study to another with the hope to establish a comprehensive study of scientific knowledge in a particular discipline. Few studies which are very relevant to the study is quoted here below. Regarding the impact of RTI in India general is very important fact. Harinesh Pandya, founder of Mahiti Adhikar Gujarat Pahel says, From over 55,000 calls received on our helpline, nearly 80% relate to information that is already covered under Section 4 and thus to reduce the burden of numbers of applications and protect applicants against the risk of having to ask for it personally it is imperative that all departments covered by the Act are made to follow S. 4 and make mandatory disclosures pro-actively However, implementation of Section 4 has value much beyond just parrying potential assaults. Vidya Subrahmaniam while writing about the changing power relationship between the State [its functionaries] and the citizen uses the phrase, RTI Glasnost, referring to the transparent and consultative style of government initiated by Mikhail Gorbachev to reduce corruption and abuse of power in the Soviet Union. The mandate of suo motu
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disclosure of information on public authorities envisions just this. In an interview, the outgoing Chief Information Commissioner. Kejriwal writes of the objective of the Right to Information Act, To make it possible for any citizen of India to get any piece of information from any government set-up and then goes on to say, given this very broad parameter, it can be easily gathered that conceding information is no small task, and the heat is likely to build up as time passes. During National RTI Convention, Mehboob S. Jeelani describes about the significance of RTI and notes that the audience was repeatedly moved to tears by the stories of poor farmers, low-wage workers and other previously powerless individuals who had used the law to demand accountability from local authorities and cites the example of Mochi, a low-caste cobbler who filed an RTI to force investigation of his complaint against the owner of a local farm with the police for non-payment of wages. When the landowner was found to be in violation of labour laws, Mochi was paid his overdue wages in a matter of a week. He even said sorry to me, Mochi said, fighting back tears while standing on stage. For a moment the hall went silent one of many such moments, when it was clear that the RTI Act had the potential to change the lives of millions of voiceless and powerless Indians. When Mochi, a young man still in his 20s, walked back to his seat, the audience erupted in applause It is also important to observe that the present Indian Prime Minister Dr. Manmohan Singhs views towards the Act as the consummation of a process initiated with the adoption of our Constitution. The RTI, along with the 73rd and 74th amendments to the Constitution and the National Rural Employment Guarantee Act, took India closer to fulfilling Mahatma Gandhis idea of real Swaraj

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Nikhil Chakravarty observes, you have begun one of the most important struggles of independent India. I was a part of many of the struggles that Gandhiji led, and it was in small meetings such as this one, attended by a few hundred ordinary people, that Indias freedom movement took shape. The struggle for independence was built around exposing the looting of the country by foreign rulers. Your struggle is in essence the same: exposing the looting of the country by our own rulers. This was a right that should have come with independence. It is not going to be easy to win this entitlement, but you must not give up. This is like a second battle for independence. Prashant Bhushan observes by mainstreaming the need for transparency, the RTI Act has fundamentally changed the prospects of governance in our country. With the increasing privatization of the countrys resources and its public functions, there is a need to democratize corporations. There have been calls from many quarters to make the RTI applicable to businesses that use the money and investments of people. The experience with the RTI Act over the last three years, has given us an idea of how crucial it is for making power accountable and building a culture of democracy. That much is transparently clear Tehelka documents also describes about the significance of RTI. Pragya Tiwari denotes that the heartbreaking stories of petitioners from tiny tribal villages to the bustling lanes of Mumbai and Delhi; from farmers and lorry drivers to middle class professionals who have been harassed for having the temerity to use this Act. She rues that this is not the kind of stock-taking that a democracy should be doing to mark five years of the RTI Act. She presents the case of Gopubandhu Chhatria, the first person from his district to file an application and ask the authorities about how they had spent the money sanctioned for a check dam in his village. In February 2009
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the Assistant Block Development Officer summoned him to his office and after refusing to answer any of his questions, offered him a sum of Rs. 10000 to not bring up the matter again. When Chhatria refused this bribe he was beaten up in the ABDOs office itself. As he stood outside the office wailing, policemen from the local police station arrived and arrested him on charges of assault and for creating a ruckus in the ABDOs office. For four days, he was locked up and beaten. He was given no food nor water for the first three days and not allowed to meet or speak to anyone either. For the whole of next year Chhatria fought his case drawing on every bit of his meager resources. Finally on the 24th of July 2010, he was acquitted of all charges. But his land, which he had hoped to turn fertile, and filed an RTI for, had been mortgaged in this process. Chhatria is now a landless labour, sustaining a family of three young children, an aging father and wife on daily wages of Rs 70. There are days when I have to ask my wife to work as a labourer to make ends meet, he says in a low voice. Ramakrishnan V. writes in Front line magazine about the use of RTI in a different context. He notes, A close examination of the murder cases and the allegations around them lends credence to the contention that the RTI process is being challenged from different quarters, including sections within the government and the power structure. A case in point is the killing of Amit Jethwa, 33, in broad daylight near the Gujarat High Court on July 20. Jethwas was a familiar name in the world of wildlife conservation, especially on account of the activities of the Gir Nature Youth Club, of which he was president. He campaigned to prevent mining around the Girnar Wildlife Sanctuary and ensure the safety of Girs lions and other wildlife. He used the RTI Act and other legal provisions to advance his campaign. According to his family, Jethwa had received threats for a long time from the Bharatiya Janata Party Member of Parliament from Junagadh. The
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provocation, apparently, was the public interest petitions Jethwa had filed linking the MP to illegal mining in the surroundings of the Girnar Wildlife Sanctuary. Jethwa was responsible, through his petitions, for the appointment of two more Information Commissioners in the Gujarat Information Commission. He was also instrumental in ensuring that a Lokayukta was appointed for Gujarat, a post that remained vacant for almost seven years. Clearly, his interventions exposed the nexus between politicians, bureaucrats and mafias. Venkatesan, V. writes in Frontline magazine that the Government Bills are often rushed through with members spending less and less time discussing them because of time and other constraints. Bills are referred to standing committees for detailed examination and report, but the media are barred from reporting the proceedings of these committees, with the result that the cloak of secrecy over these Bills is ensured right from the drafting stage to their eventual enactment. No doubt, Bills are in the public domain after they are introduced in Parliament or State legislatures and the public is free to discuss them. But this phase cannot be construed as offering space for public consultation, as public opinion cannot hope to influence the government to make the required changes in the Bills once they are introduced in Parliament or the State legislatures. The degree of public consultation over the draft Bills prepared by the government, therefore, is indicative of the governments preparedness to democratize the law-making exercise. On this, the attitudes of the governments at the Centre and in the States have not been consistent. The Central government, for instance, permits certain draft Bills to be placed in the public domain to invite suggestions and comments. But certain departments of the government do not believe in this transparency. They take shelter under Sections 8(1) (c) and 8(1) (i) of the RTI However the CIC has held that exemption under Section
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8(1) (i) of the Right to Information Act (RTI) would not apply to deliberations leading to the formulation of a policy framework until such time as the draft was submitted to the Cabinet Secretariat, with all its necessary attachments for submission to the Cabinet. Thus when a Cabinet note is finally approved for submission to the Cabinet through the Cabinet Secretariat, Section 8(1) (i) will apply. Once approved by the Cabinet, it will also qualify for exemption under Section 8(1) (c). The CIC also recommended that the Cabinet Secretariat consider amending its circular issued in 2002 to allow for public consultation in an appropriate form. Wajahat Habibullah says, A major tool of democracy is the right to information. It is a means of generating public participation in governance, which is at the heart of democracy. Elections are a means of doing it but democracy itself means public participation in governance. Once the elections are over and we get a government in power, then what do we do? Sit at home? No, we have to participate. How does one do that? We have the Right to Information Act.

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CHAPTER -3
METHODOLOGY
The term methodology refers to the process, principles and procedures by which aims at giving a brief introduction and description of the motivation of the study, the objective of the study, its scope, the universe of the study, samples, methods and tools of data collection and also the limitation of the study, which will lend credibility and act as a catalyst in putting the concept into practice. This section of the report is an attempt to explain as clearly as possible the steps and procedures used in undertaking the study. TITLE OF THE STUDY A Study on The Significance of Right To Information Act MOTIVATION As the researcher has experience of applying for information under RTI Act wanted to know the experience of others who have applied for the same. OBJECTIVES The following are the major objectives To know the awareness of right to information act by the respondents To understand procedural difficulties of right to information Act To study different issues of respondents trough right to information Act To give measures and suggestions based on the study shall be undertaken To study the level of satisfaction and opinion about RTI
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SCOPE The scope of the study is restricted only to those who have applied under right to information Act. The study covers awareness, procedural difficulties, different issues of respondents and level of satisfaction related to RTI act. UNIVERSE OF STUDY The study was carried out in Gram Panchayats. The universe for the study is includes those who have applied for the under RTI act in the district. SAMPLING The researcher has considered representative or convenient type of sampling. The sample includes the respondents above 18 years who have applied under the RTI Act in district. The size of sample is small and 50 samples have been taken for this study. A structured questionnaire and observation methods have been used for data collection. RESEARCH DESIGN The research design used is descriptive in nature. This study is meant to describe the awareness, procedural difficulties, issues and level of satisfaction about Right to Information Act. INCLUSION CRITERIA For the purpose of the study researcher has taken only such as 1. Who have applied for information under the Right To Information Act. 2. Respondents were above the age of 18 years. 3. All the castes and class groups have been included in the study. EXCLUSION CRITERIA
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The remaining are excluded from the study. They are: 1. Only 50 respondents are taken as samples. 2. Respondents other than Grama Panchayath and NGO are excluded from the study METHODS OF DATA COLLECTION The research is based on both primary and secondary data. The tool used for data collection was questionnaire. The questionnaire comprised of 45 questions. The questionnaire was prepared in accordance with the objectives of the study. Primary data Primary sources include personal interview, discussions with the operating personnel and questionnaire to the applicants of RTI. Secondary data Secondary sources include reference of text books, magazines, journals and articles in newspapers, administration reports, college library and various websites.

DATA ANALYSIS AND INTERPRETATION Editing:

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Editing is done like field editing to check the correction of entries. This is done on the questionnaires which are filled. This is mainly done to check the mistakes occurred while entering in the questionnaires. Coding: Coding is done after editing. Coding is done in the form of tally marks. This method helps in the analysis of the data. A tally mark is given to each question which is collected. Tabulation: Arrangement of data into concise and logical order in the next step. Percentages are worked out after grouping the data into sets and categories, charts, tables and graphs will be prepared wherever it is necessary. LIMITATIONS OF THE STUDY As the study is undertaken to fulfill the academic requirements, it has some limitations. The limitations of the study are: 1. Respondents did not reveal proper answer for some questions. 2. PDOs denied to give the informations about applicants. 3. Questionnaires especially in the cause of students were not returned on time. 4. Respondents were busy with their woks and researcher did not get proper place for data collection.

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CHAPTER - 5 MAJOR FINDINGS

The investigator interviewed 50 respondents in district who applied before through R.T.I. The main objective was to study the significance of the R.T.I. This study is basically a descriptive one multistage purposive samples was used to select the respondents. The main tool used in data collection is the questionnaire

The main finding of the study as follows: A majority (34%) of the respondents belong to middle age groups 4150 years. Therefore it can be said that this age group people have greaten participating in the utilizing process of R.T.I. Majority (38% degree & 34 P.G qualified) of the respondents applied for R.T.I. A Majority (36%) of the respondents belong to private

occupation/Business. Therefore it can be said that this occupation group we have more favourable about R.T.I. Majority of 66% of Male participants have utilized the RTI act. Majority (50%) of the respondent used come to know about R.T.I through NGOs. Hear we can find out effective role of the NGOs. (28%) of the respondents have applied 2-3 times under the act. Majority (90%) of respondents have applied in their own interest.

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A majority (64%) of the respondents applied for R.T.I because of loopholes in the departments. It narrates that people have started analyzing the loopholes in the governance. Majority (70%) of the respondents said information should be collected only through R.T.I. It highlights their mistrust in authorities. (51.43%) of the respondents are of the opinion that reason for applying only through RTI is that wrong information may be given by Government departments. Majority (73.33%) of the respondents are of the opinion that

information can be taken by meeting PIO (Public Information Officer) A majority (70%) of the respondents, out of I criteria of R.T.I they aware about 5-7 criteria. Hear we can find out they were applied for R.T.I they were fully aware about criteria of R.T.I. Majority (70%) of the respondents know 5-7 criterias of applying under RTI act. Majority (88%) of the respondents have received response for their application. (56%) of the respondents have got response in 31to 45 days. Majority (56%) of the respondent have received good response form respective department or organizations. Majority (58%) of the respondents applied for both public & private purpose, hear we can find out criteria about public issues among people.

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(90%) of the respondents had shows awareness and interest about following up of the application. Majority (66%) of the respondents have applied to higher authority (100%) of the respondents dint followed any other alternatives like bribe, recommendation they followed proper way to collect information. Majority (54%) of the respondents have taken assistance from NGOs (78%) of the respondents were not discouraged for applying for R.T.T (92%) of the respondents did not faced difficulties while applying RTI (88%) of the respondents did not faced any challenges during RTI procedure. (96%) of the respondents agree that Government mechanism has improved. (92%) of the respondents agree that elected representatives are answerable. (48%) of the respondent agree greatest loophole of RTI is time consumption.

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SUGGESSION
NGO intervention will be effective Information about RTI act should be included in the high school syllabus There is need to creating awareness through medias Reduce the time limit for giving information There should be penalty for delay in information Further study is needed for amendments to be more effective utilization of the Act

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CONCLUSION
By enacting the Right to Information Act India has moved from an opaque and arbitrary system of government to the beginning of an era where there will be greater transparency and to a system when the citizen will be empowered and the true centre of power. Only by empowering the ordinary citizen, any nation can progress towards greatness. By enacting the right to information Act 2005, India has taken a small but significant step towards that goal. The real swaraj will come not by the acquisition of authority by a few but by the acquisition of capacity by all to resist authority when abused. Thus with the enactment of this Act India has taken a small step towards achieving real swaraj. It is evident from the study undertaken that the employees of Private sector are aware of the Act and are utilizing the Act. It can be observed that lack of awareness among people is the hurdle for effective implementation of RTI Act. It is found that the loopholes in the government departments is the main reason for applying for information under the Act and respondents believe that RTI is one of the best methods to collect information from Government departments. Because they believe that the wrong information would be given by government departments. Generally speaking those who have applied under the Act know about the procedures, Majority of respondents are not ready to follow through for the bitter experience they had before. Further Government bodies are also discouraging people for using the RTI Act. However it cannot be denied that accountability and transparency in administration has improved

because of the Act. So improving the RTI Act and proper implementation is very helpful to the civil society and can achieve good governance.
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Bibliography Dharmendra Mishra, Participatory Governence Through NGOs, AAIEKH publishers Jaipur, India. Lisa Brush D., Gender and Governence, RAWAT publications Jaipur, India. Mandakini Devasher, Mahiti Hakku Kanunu 2005 Balasuvdu Jege? New Delhi. Muralidhar Y.G., Mahiti Hakku, Nava Karnataka Publishers, Bangalore. Mandakini Devasher, Your Guide to Using the Right to Information Act 2005, New Delhi. Shilaja M.C. and Villfred Dsouza, Mahiti Hakku, Abdul Nazirsab Rajya Gramina Abhivrdhi Samsthe, Mysore. Magzins INFOTAP (Quarterly), Consumer Rights Education and Awareness Trust (CREAT), Bangalore. RTI: Role of Civil Society, Social Action Oct-Dec. 06. Web Source WWW. Wikipediya. Org WWW. Google.com WWW.righttoinformation.org WWW.dpar.kar.nic.in WWW.cic.gov.in WWW.kic.gov.in

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