The document discusses the Right to Information (RTI) Act in India. It notes that the legislative intent of the Act was to promote transparency, accountability, and good governance by giving citizens access to information held by public authorities. However, it argues that more needs to be done to ensure public authorities properly implement the Act through compliance monitoring and redefining ambiguous definitions. The document concludes by thanking the reader and emphasizing that the overall objective of the RTI Act is to enhance good governance in India.

1. The RTI Act: are we
adequately in step with the
legislative intent
Ashutosh Sharma
Advocate & Legal Consultant
Central Information Commission

2. Why do we have right to
Information
In a democracy, the people are the real sovereign.
Hon’ble Apex Court has very pertinently observed:
“…… that Government of responsibility like ours
where the agents of the public must be responsible
for their conduct there can be but a few secrets.
The people of this country have a right to know
every public act, everything that is done in a public
way by their public functionaries. They are entitled
to know the particulars of every public transaction
in all its bearings.”
(State of U.P. versus Raj Narain, AIR 1975 SC 865)

3. Legislative intent behind the Act
• To set out the practical regime of right to know for
citizens and their access to information under the
control of public authority
• To promote transparency and accountability in the
working of every public authority
• To ensure good governance
• To enhance efficiency in administration of public
authorities
• To make public authorities accountable to every citizen
• To achieve development with citizen centric approach
• To promote citizen-government partnership
• To make every citizen a overseer on the public
authorities

4. Aim and purpose of the Act
ENHANCING
TRANSPARENCY
ENSURING
ACCOUNTABILITY
RTI ACT
IMPROVING
GOVERNANCE
COMBATING
CORRUPTION

5. The basic objective: good
governance
Good governance will be achieved only when the public authority
is-
• Corruption free
• Accountable
• Transparent
• Responsive
• Equitable and Inclusive
• Effective & efficient
• Follows the rule of law
• Participatory
• Consensus oriented
Corruption
free
Good
Accountable
Equitable &
inclusive
governance
Transparent
Responsive
Effective &
efficient
Follows the
rule of law
Consensus
oriented
Participatory
By virtue of the RTI Act, citizens can put their eye on above noted
essentials of good governance.

6. Impact of the Act: positive
• RTI Act is the ‘oxygen of democracy’ which is
giving meaning to participatory democracy.
• Supporting participatory development and is a
proven anti-corruption tool.
• Marginalised groups are given a voice & tool to
scrutinize development activities
• Promoting openness, transparency and
accountability in public administration.
• Bridging gap between the provider and recipient
of public services
• Strengthening the foundation of democracy

7. Impact of the Act: negative
• RTI Applications with vested interests.
• Vexatious and frivolous applications
• Requiring a voluminous response, unnecessarily
• Infringement of privacy
• Seeking information covering a long time span
• Applications registering complaints or grievances
rather than seeking information
• Applications asking for help rather than
information
• Lengthy applications

8. Public interest is above all
Public interest overrides protected interest, if
a citizen is asking information for-
• Government accountability
• Corruption in a public office
• Public participation
• Public awareness
• Promoting human rights

9. Implementation of voluntary
disclosure clauses
• The RTI Act lays down the information which should be
disclosed by Public Authorities on a suo motu or
proactive basis and prescribes the method of
dissemination of this information.
• The purpose of suo motu disclosures is to place large
amount of information in public domain on a proactive
basis to make the functioning of the Public Authorities
more transparent and also to reduce the need for filing
individual RTI applications.
• The implementation of guidelines issued by Ministry of
Personnel, Public Grievances & Pensions, Department of
Personnel & Training is required to set the purpose of the
Act.

10. Compliance & Monitoring issues
• An adequate mechanism is required within
the public authorities to implement the
provisions of the Act.
• A monitoring mechanism is required for the
information commissions to check the proper
implementation of the Act.
• Motivational support to PIOs be given
• Review of the public authorities on non-compliance
by them

11. Redefine the definitions
• The definition of ‘public authority’ is limiting the
scope of the RTI Act.
• The terms ‘substantially financed’ and ‘controlled’
are not defined under the Act which should be
defined.
• Lack of exhaustiveness in the definition clause is
leading the commissions to adopt subjective
approach while deciding public authority.
• The public authority should be defined on the
basis of performance of public functions.

12. Thank you very much !