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Tuesday 4 June 2013

11 things about how the Right to Information Bill became an Act



11 things about how the Right to Information Bill became an Act
In a bid to bring more transparency in political system, the elite Chief Information Commission on June 3 stated that all the political parties must come under the purview of RTI. The Bench of the Commission comprising Chief Information Commissioner Satyananda Mishra and Information Commissioner ML Sharma and Annapurna Dixit held six political parties parties, including Congress, BJP, CPI(M), CPI, NCP and BSP — to whom RTI queries were directed, fulfill the criteria of being public authorities under the Right to Information Act.

The basic object of the Right to Information Act is to empower the citizens, promote transparency and accountability in the working of the Government. It also covers corruption, and other related issues, which in turn make the Government more accountable to the governed. The Act is a big step towards making the citizens informed about the activities of the Government.


Political parties to come under RTI Act, rules CIC

Under this Act, a citizen has a right to seek such information from a public authority which is held by the public authority or which is held under its control. This right includes inspection of work, documents and records; taking notes, extracts or certified copies of documents or records; and taking certified samples of material held by the public authority or held under the control of the public authority.

It is important to note that only such information can be supplied under the Act which already exists and is held by the public authority or held under the control of the public authority. The Public Information Officer (PIO) is not supposed to create information: or to interpret information; or to solve the problems raised by the applicants; or to furnish replies to hypothetical questions.

The Act gives the citizens a right to information at par with the Parliamentarians and the Members of State Legislatures. According to the Act, the information which cannot be denied to Parliament or a State Legislature, shall not be denied to any person.


How the movement initiated by MKSS became an Act:
 
1. In early 1990s Mazdoor Kisan Shakti Sangathana (MKSS) began a movement to- bring in transparency in village accounts. Initially, MKSS lobbied with the Government to obtain information such as employment and payment records and bills and vouchers relating to purchase and transportation of materials. This information was then crosschecked at Jan Sunwais (public hearings) against actual testimonies of workers. The public hearings were incredibly successful in drawing attention to corruption and exposing leakages in the system. Success of MKSS became a source of inspiration for activists and led to the genesis of a broader discourse on the Right to Information in India.
 
 
2. In 1993, a first draft RTI law was proposed by the Consumer Education and Research Council, Ahmedabad (CERC). In 1996, the Press Council of India headed by Justice PB Sawant presented a draft model law on the Right to Information to the Government. The draft model law was later updated and renamed the PCI-NIRD Freedom of Information Bill 1997. MKSS's advocacy gave rise to the National Campaign on People's Right to Information (NCPRI), which was formed to advocate for the Right to Information at the national level.
 
 
3. In 1997, efforts to legislate for the RTI, at both the State as well as national level, was empowered. A working group under the chairmanship of HD Shourie (the Shourie Committee) was set up by the Central Government and given the mandate to prepare draft legislation on freedom of information. The Shourie Committee's Report and draft law were published in 1997. The Shourie Committee draft law was passed through two successive governments, but was never introduced in Parliament.
 
 
4. In 1999, NDA Minister Ram Jethmalani, then Union Minister for Urban Development, issued an administrative order enabling citizens to inspect and receive photocopies of files. Shourie Committee draft law was reworked into the Freedom of Information Bill 2000.
 
 
5. It was passed in December 2002 and received Presidential assent on January 2003, as the Freedom of Information Act 2002.
 
 
6. In the early 2000s, Anna Hazare led a movement in Maharashtra which forced the State Government to pass a stronger Maharashtra Right to Information Act. This Act was later considered as the base document for the Right to Information Act 2005 (RTI), enacted by the Union Government. It also ensured that the President of India assented to this new Act.
 
 
7. In 2004, Aruna Roy was inducted into the National Advisory Committee (NAC), an extremely powerful but extra-constitutional, quasi-governmental body which supervises the working of the UPA's Common Minimum Programme.
 
 
8. Aruna Roy submitted a paper recommending amendments to the 2002 Freedom of Information Act to the NAC which in turn sent by it to the Prime Minister's Office. The Right to Information Bill 2004 (RTI Bill 2004) was tabled on December 23, during the winter session of the Lok Sabha. The RTI Bill 2004 was based largely on recommendations submitted to the Government by the NAC which was passed by the Parliament in 2005.
 
 
9. On July 20, 2006, the Union Cabinet amended the Right to Information Act 2005 to exclude the file noting by the Government officials from its purview. Hazare began his fast unto death on August 9, 2006 in Alandi against the proposed amendment. He ended his fast on August 19, 2006, after the Government agreed to change its earlier decision.
 
 
10. The state level RTI Acts were first successfully enacted by the State Governments of - Karnataka (2000), Goa (1997), Rajasthan (2000), Tamil Nadu (1997), Delhi (2001), Maharashtra (2002), Assam (2002), Madhya Pradesh (2003), and Jammu and Kashmir (2004).
 
 
11. Central Intelligence and Security agencies specified in the Second Schedule like IB,Directorate General of Income tax(Investigation), RAW, Central Bureau of Investigation (CBI), Directorate of Revenue Intelligence, Central Economic Intelligence Bureau, Directorate of Enforcement, Narcotics Control Bureau, Aviation Research Centre, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG, Assam Rifles, Special Service Bureau, Special Branch (CID), Andaman and Nicobar, The Crime Branch-CID-CB, Dadra and Nagar Haveli and Special Branch, Lakshadweep Police. Agencies specified by the State Governments through a Notification will also be excluded. The exclusion, however, is not absolute and these organisations have an obligation to provide information pertaining to allegations of corruption and human rights violations. Further, information relating to allegations of human rights violation could be given but only with the approval of the Central or State Information Commission.
 
Source: http://www.niticentral.com/2013/06/04/11-things-about-how-the-right-to-information-bill-became-an-act-85289.html

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