Evolution of Right to Information

1. Day 1 Evolution of Right to Information Introduction

2. Presentation scheme List of abbreviations / acronyms RTI – A worldwide occurrence The Beginning in India 2

3. List of abbreviations / acronyms

4. 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.

5. RTI a worldwide occurrence..............II • These laws also referred to as “open-government-laws” / “sunshine laws”, ensure that prospective requesters of information have access to it in a simple, cost-effective and time-bound 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 for information, not the person asking for it. Contd.

6. 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.

7. 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 – Preamble to the Constitution of India Contd.

8. The Beginning ...............................................................II Article 19(1)(a)of the Constitution of India guarantees to all its citizens the ‘Fundamental Right’ to ‘Freedom of Speech and Expression’.

9. 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 Naraincase, (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 Libertiesvs. Union of India, 2004 (2) SCC 476 Contd.

10. 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 10 Contd.

11. 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. 11 Contd.

12. 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. 12 Contd.

13. 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. 13 Contd.

14. 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. 14 Contd.

15. 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’ 15 Contd.

16. Other Key Developments in the Evolution of RTI in India…….....................VII States and Central legislations. 16 Contd.

17. End of Day 1 You must take the Quiz for this Chapter before proceeding to the next Chapter!