Introduction, Origin and Indian Constitution Article shared by: Introduction, Origin and Indian Constitution! The three exponents of social contract theory imagined a state of nature where people enjoyed some rights which were known as natural rights. Gradually civil society was formed and the rights came to be recognised by the state and the recognition by the state added a new wing to the body of rights.
By kanchi By Kartik Kachhawah, R. The Right to Information Act, is considered to be one of the leading welfare oriented laws enacted after independence.
The act provides for a modus operandi to acquire information from public authorities regarding the functioning of government. In this paper, the author has highlighted the various aspects of this act and its importance in the current political scenario.
Human civilization has always been inclined towards attainment of power. Power can be defined in various forms; depending upon the context it suits, for say; for an entrepreneur capital is power, for a politician influence is power and so on. Today we live in neo-modern age or some thinkers might even contend that we live in an Information age where knowledge and information is considered as the most potent intangible assets which can even buy money.
In India we follow a democratic republic form of government which represents will of citizens. Under this form of government it is very important that people should be aware of political agendas, functions of various governmental bodies, welfare schemes, policies and Et cetera.
Meaningful substantive democracy ought to be founded on the notion of an informed public competent to participate thoughtfully and actively in the governance of the country.
Democratic government stands on two pillars namely; translucency and reasonable accountability as it is the fundamental goal of a democratic government to put peoples will into action and be answerable to people for the same. Thus, an easy and reliable access to information for citizens is a paramount requisite of a democratic republic and the Right to Information Act, aims to suffice the same.
This paper is fragmented in three parts. The first part basically deals with preliminary questions pertaining to the act such as; what is RTI Act?
What is its Constitutional importance? What is covered under RTI Act? Who are the adjudicating bodies…etc.
The second part of this paper deals with more complicated issues relating Right to Information i. The third part of this paper explains the importance of RTI is current political setup. Genesis The Right of Information is well mentioned in Indian constitution.
Although there is no specific right to information or even right to freedom of the press in Indian Constitution, the corresponding has been read into the Fundamental Rights guaranteed under Chapter three of Indian Constitution.
These are backed by the Right to Constitutional Remedies in Article 32, that is, the Right to approach the Supreme Court, in case of infringement of any of these rights.
However the concept of RTI came before the Constitution itself as the disclosure of information held by public authorities was primarily governed by Official Secrets Act, which placed major restrictions on access of information.
The restrictions placed on the access of information were relieved by the enactment of RTI Act, In addition to this the right to seek information from public authorities became codified. The RTI Act is an efficient tool to promote transparency in governmental functions.
The following part shall explain the purpose behind the enactment of RTI, its constitutional significance and the provisions under the said statue. Introduction Right to Information Act, has been enacted as welfare legislation.
For the better understanding of current statue it is essential to understand the history of RTI. The people who voted for the formation of democratically elected governments and contributed to the huge costs of financing public activities, had no legal rights to know as to: Covert politics is the best matrix for corruption and other such activities to proliferate.
Under the effect of Official Secret Act, the governments became totally immune from its liability to answer regarding its actions as there was no ombudsmen to safe guard public interest.
As the result, in the early decades of Indian Independence politicians leeched the common citizen by imposing heavy tax. Such tax though collected by government in abundance, no explanation was provided regarding high depreciation of national resources. This led to immense poverty, corruption, political instability and what not.
The draft was then sent to Government in The bill was then amended to remove basic lacunas and on 12th October, the RTI Act was brought into force [v].
Globally talking, the first RTI legislation was enacted in in Sweden.information is a basic necessity of good governance. In recognition of the need for transparency in public affairs, the Indian Parliament enacted the Right to Information Act (hereinafter referred to as the RTI Act or the Act) in.
Good governance and right to information are complimentary to each other. Good governance is characterized by- political accountability, availability of freedom, bureaucratic accountability, availability of information, effectiveness, efficiency, law abiding citizen and .
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. Right to Information and Good Governance Abstract: Meaningful substantive democracy ought to be founded on the notion of an informed public adequately equipped to participate thoughtfully and actively in the governance of the country.
This right includes right of holding public opinion and to seek, receive information from the public authorities. There is very close link between right to information and good governance.
Right to Information is the tool of achieving the goals of good governance. The essences of good governance are transparency, accountability, responsiveness. His assassination was also seen as an attack on one of the few news outlets committed to exposing corruption, revealing nepotism and pushing for good governance at a time when the so-called “right” to information was a pipedream.