Transcript Governance in India

Day 1
Introduction
Evolution of Right to Information
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Presentation scheme
 List of abbreviations / acronyms
 RTI – A worldwide occurrence
 The Beginning in India
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List of abbreviations /
acronyms
FoI
Freedom of
Information
RTI
Right to Information
GoI
Government of India
SCI
Supreme Court of
India
MKSS
Mazdoor Kisan Shakti
Sanghatan
vs.
versus
NAC
National Advisory
Council
UPA
United Progressive
Alliance
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RTI a worldwide occurrence…
 Legislations granting or facilitating ‘Freedom
of Information’ (FoI) or Right to Information
(RTI) are a fairly worldwide phenomenon
today.
 As on date, over 85 countries have enacted
and are implementing such legislation(s) in
some form or the other.
 Many countries provide constitutional
guarantees for FoI / RTI. In some countries,
specific legislations further enable the
exercise of this right.
Contd.
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RTI a worldwide occurrence
II
..............
 These laws also referred to as “opengovernment-laws” / “sunshine laws”, ensure
that prospective requesters of information have
access to it in a simple, cost-effective and timebound manner.
 Access is provided as a matter of right.
Governments are made duty-bound to facilitate
it.
 A basic principle behind most FoI / RTI laws is
that the burden of proof falls on the body asked
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Contd.
for information, not the person asking for
it.
RTI a worldwide occurrence
…….....III
 Many countries like the United States of America
(USA), Canada and Australia, have laws
governing access to public documents at
regional (provincial) level in addition to having a
law at national / federal level.
 In many countries, privacy or data protection
laws are part of the FoI legislation / regime as
these concepts are believed to be closely tied
together.
Contd.
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The Beginning…
WE, THE PEOPLE OF INDIA, having
solemnly resolved…
…to secure to all its citizens LIBERTY of thought,
expression…
…adopt, enact and give to ourselves this
Constitution
India
– Preamble to the Constitution of
Contd.
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The Beginning
...............................................................
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Article 19(1)(a)of the Constitution of India
guarantees to all its citizens the ‘Fundamental
Right’ to ‘Freedom of Speech and Expression’.
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Role of the Supreme Court of
India in Promoting RTI…
 33 years ago, the Supreme Court recognised the
Right to Freedom of Speech and Expression as
also implying right to information…

Bennett Coleman vs. Union of India case, AIR 1973 SC
60

State of Uttar Pradesh vs. Raj Narain case, (1975) 4
SCC 428

Secretary, Ministry of Information and Broadcasting,
Government of India v Cricket Association of
Bengal(1995) 2 SCC 161

People’s Union for Civil Liberties vs. Union of India,
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2004 (2) SCC 476
Contd.
Other Key Developments in
the Evolution of RTI in India…
 A grassroots organisation Mazdoor Kisan Shakti
Sangathan (MKSS) took an initiative to lead the
people in, Bhim Tehsil, in Rajasthan to assert
their right to information.
 It started by asking for copies of bills and
vouchers and names of persons who have been
shown in the muster rolls. MKSS succeeded in
getting
photocopies
of
certain
relevant
documents
Contd.
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Other Key Developments in
the Evolution of RTI in
India
II
……........................
 It organized several public hearings (jan
sunwais) to discuss the findings pertaining to
various issues known from the said documents.
 The Rajasthan experience of demanding right to
information came to be echoed in other States.
Contd.
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Other Key Developments in
the Evolution of RTI in
India
III
……......................
 The Chief Ministers Conference on “Effective and
Responsive Government”, held on 24th May,
1997 at New Delhi, unanimously recognised the
need to enact a law on RTI.
 The Department of Personnel and Training,
Government of India decided to set-up a
‘Working Group’ (on ‘RTI and Promotion of Open
and Transparent Government’) in January 1997
under the chairmanship of Mr. H. D. Shouri.
Contd.
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Other Key Developments in
the Evolution of RTI in
India
IV
…….......................
 The ‘Working Group’ submitted its
comprehensive and detailed report and the draft
Bill on Freedom of Information in May 1997.
 The ‘Press Council of India’, the ‘Press Institute
of India’, the ‘National Campaign for People’s
RTI’ and the ‘Forum for RTI’ unanimously
submitted a resolution to GoI in February, 2000
– to amend the proposed Bill.
Contd.
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Other Key Developments in
the Evolution of RTI in
India
IV
…….......................
 Government of India introduced the ‘Freedom of
Information Bill, 2000’ (Bill No. 98 of 2000) in
the Lok Sabha on 25th July, 2000. It was passed
by the Parliament as the ‘FoI Act, 2002’.
 The Act could not be brought into force because
the date from which the Act could come into
force, was not notified in the Official Gazette.
Contd.
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Other Key Developments in
the Evolution of RTI in
India
VI
……......................
 The ‘National Advisory Council’ (NAC) set up by
the United Progressive Alliance (UPA)
Government at the Centre, in 2004, suggested
important changes to be incorporated in the FOI
Act.
 The UPA Government decided to repeal the FOI
Act, and enacted a new legislation, the ‘RTI Act,
2005’
Contd.
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Other Key Developments in
the Evolution of RTI in
India
VII
…….....................

States and Central legislations.

Rajasthan, Karnataka
2000

Maharashtra, Assam
2002

Jammu and Kashmir
2004

Right to Information Act
15 June 2005
Contd.
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End of Day 1
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