Right to Information Act- A Factual Check on “Sunshine Act”

admin | July 10, 2020 | Constitutional | No Comments

THIS ARTICLE WAS WRITTEN BY SHACHI SAWLA, A STUDENT OF ALLIANCE UNIVERSITY

“Where a society has chosen to accept democracy as its creedal faith, it is elementary that the citizens ought to know what their government is doing.” -Justice P N Bhagwati

The demand for the right to information started with the Mazdoor Kisan Shakti Sangathan (MKSS) when they found out about the entering of false information in their wage rolls to keep up with the minimum wage structure. In order to have more transparency in the village accounts, moved the MKSS to demand for accessing the information that was recorded in government files.

The Right to Information is not specifically mentioned anywhere in the Indian Constitution. But in several cases, the Apex Court has observed that this right is embedded in Article 19 (1) (a) and 21 which states the Freedom of speech and expression and Right to life & personal liberty, respectively. The Supreme Court in the case Raj Narain vs State of UP[1] in 1976 said that people cannot speak or express themselves unless they know. So, it is safe to say that RTI is considered as a part of the Fundamental Rights.

The Indian Judiciary played a vital role in molding the RTI in Indian democracy. In the case, S.P. Gupta v. UOI, it was observed that under a democratic setup, the people have right to know about the functioning of the Government[2]. And SC in case, Prabhu Dutt v UOI, observed that the right to know news and information in terms of the administration of the Government is included in the freedom of the press.[3]

In a democratic system, it’s the people who are the masters, they elect their representatives to have a better governance structure, so they do have the right to know how those representatives serve their purpose and functions accordingly and also how their money is being spent to perform the same.

A vigil citizen is one who keeps the necessary vigil on the instruments of the government and makes the government more accountable to the governed. This act is a big step towards creating a mechanism by which citizens are well-informed about the activities of the government.[4]

Although Indian citizens have the Right to Information about government activities, but this right is restrictive in nature, secrecy can be maintained in the interests of public security and can prohibit the flow of such information which affects the integrity of India.[5] In other words, it doesn’t mean that the person seeking information has an absolute and unrestricted right to access to means of information. The same position has been reiterated in various judicial dictums subsequently which ultimately led the government to enact the Freedom of Information Act, 2002, though it was repealed by the Right to Information Act, 2005 to remove the hindrances in order to achieve the main objective of transparency and accountability. The purpose was to establish a piece of machinery to enforce this fundamental right. Hence, the RTI Act doesn’t give any new rights. It simply lays down the process on how to apply for information, where to apply, fees etc.[6]

Main rights that are available under the RTI Act, 2005

It empowers every citizen to ask any query from the Government or seek any information,
To take copies of any government documents,
To inspect any government documents,
To inspect any Government works
To take samples of materials of any Government work[7]

The Right to Information (Amendment) Bill, 2019

This bill was introduced in the Lok Sabha on July 19, 2019, by the Minister of State for Personnel Public Grievances and Pensions and was passed on July 22, 2019. It was passed by the Rajya Sabha on July 25, 2019.

This bill has changed the terms and conditions of service of the CIC and ICs at the Centre as well as in the State level. The main highlights of the bill are:

Remuneration – The salaries, allowances, and other terms of service of the Chief Information Commissioner (CIC) and the Information Commissioners (IC), now, shall be as such as prescribed the Central Government. In the act of 2005, the salary of CIC was equivalent to the Chief Election Commissioner (CEC) and that of the ICs to the Election Commissioner (EC) which were benchmarked with the Supreme Court Judges, 2.50 lakh and allowances along-with other usual perks like rent-free accommodation, fuel expenses, etc., and at the state level, State IC’s was equivalent to the Chief Secretary of the State.
Tenure – The amendment bill took away the fixed tenure of 5 years for the Central CIC, state CIC, and ICs. Now there appointment will be ‘for such term’ as may be prescribed by the Central Government.
Deductions – The bill also proposed that if CIC and ICs are receiving the pensions or any other retirement benefit from the previous government service, their current salaries would be reduced to an amount equal to that pension.[8] Planning your retirement, please visit meetbeagle.com

Moreover, the Central Government has also taken away the right of the State Government for the appointment of their CIC and IC. So[9], as per the amendment act, not only the central CIC along with ICs would be under the control of the Central government but even the state CIC and respective ICs would have the same fate.

The amendments so made, have resulted in dilution of the RTI Act. It certainly defies the idea of transparency, accountability in the working of every public authority, and the citizens’ right to secure access to information and is being crippled by this amendment bill, 2019. Instead of strengthening the rights of a common man, the government has directly smashed at his hand by increasing its own control. Now the authorities would no longer be neutral to disclose the information in relation to the Central Government and might tend to be biased in giving or withholding the relevant information.

This amendment has diminished the status and eroded the autonomy of the authorities working under this act as now, the Centre will have the power to determine their appointment, tenure, salary, and other allowances which will fundamentally weaken the whole basic idea and structure of the RTI.

[1]Raj Narain vs State of UP, 1975 AIR 865, 1975 SCR (3) 333

[2] S.P. Gupta v. UOI (1993) 4 SCC 441

[3] Prabhu Dutt v UOI, 1982 AIR 6 1982 SCR (1)1184

[4] https://rti.gov.in/, Accessed 8 June, 2020

[5] Section 8, Right to Information Act, 2005, Exemptions from Disclosure of Information

[6]https://www.conservationindia.org/wpcontent/files_mf/What_is_Right_to_Information_and_how_to_use_it_final.pdf, Accessed 8 June 2020

[7]Ibid.

[8]Sinha, R., 2019. Explainer: The Right To Information (Amendment) Bill, 2019. [online] PRSIndia. Available at: <https://www.prsindia.org/theprsblog/explainer-right-information-amendment-bill-2019> [Accessed 8 June 2020].

[9]https://www.orfonline.org/expert-speak/amended-rti-act-what-at-stake53573/#:~:text=The%20Right%20to%20Information%20Act,and%2075%20voting%20for%20it.