Salient features of Right to Information [RTI Act ] 2005

Right to Information [RTI Act] – An Introduction

The right to information has been recognised’ as a fundamental human right, which upholds the inherent dignity of all human beings. The right to information forms the crucial underpinning of participatory democracy — it is essential to ensure accountability and good governance. Right to Information [RTI] Act is a vital step towards attainment of good governance.

The greater the access of the citizen to information, the greater will be the responsiveness of government to community needs. Alternatively, the greater the restrictions that are placed on access, the greater the feelings of ‘powerlessness’ and ‘alienation’. Without information, people cannot adequately exercise their rights as citizens or make informed choices.

Earlier the free flow of information was restricted mainly due to three factors

• The legislative framework includes several pieces of restrictive legislation, such as the Official Secrets Act, 1923, Indian Evidence Act etc
• the pervasive culture of secrecy and arrogance within the bureaucracy;
• the low levels of literacy and rights awareness amongst India’s people.

Even after the recognition of right to information as an essential part of Art 19 of the Indian Constitution by the Supreme Court under different judgements, the system of governance in India has  been opaque, with the State retaining the colonial Official Secrets Act (OSA) and continuing to operate in secrecy at the administrative level.

The Central Civil Service Conduct Rules, 1964 bolster the provisions of the OSA by prohibiting government servants from communicating any official document to anyone without authorisation.

Section 123 of the Indian Evidence Act, 1872 also prohibits the giving of evidence from unpublished official records without the permission of the head of the relevant department, who is free to grant or to withhold such permission as he or she sees fit.