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Chapter 8
8.1 Introduction
because all the other achievements as said above can be fully enjoyed if we have freedom
to information. In pre independent arena the britishers sucked the blood of Indians. In the
post independence arena the politicians and the bureaucrats have encroached our
freedom. Earlier Indians were ruled by the britishers and now by its politicians. In real
terms with Right to Information, we have got freedom. Right to Information Act is a
Right to Information Act would give Indians the freedom in true sense of the term.
In this chapter suggestions and recommendations are provided with the objective
to reap maximum benefits of the Right to Information Act. These suggestions and
recommendations will be useful to general citizens, public authorities and the officers
who provide the information and are the implementers of the Act. The suggestions and
view of general public about the Act and making certain changes in the Act accordingly.
The suggestions and recommendations will also be useful to the academicians willing to
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1. Most of the political leaders collect huge amount of funds and accumulate a lot of
appointed in their areas. These officers do not try to disclose the records to the public.
Under such circumstances, Right to Information Act is expected to break the vicious
and unethical relations among some immoral politicians, dishonest contractors and
2. A change in the attitude of the people is also another crucial factor responsible for the
success of the Right to Information Act in India. Instead of keeping any suspicious
attitude towards the Act, people should convince its holistic approach and meritorious
illuminating work ‘Asian Drama’ has rightly emphasized on the attitudinal change
3. In spite of the existence of some operational problems, the success of the mission -
Right to Information Act depends largely on how the people are united, organised
and aware of their surroundings and their preventive capacity to fight against
corruption and unlawful activities. It is thus suggested to the people to be united and
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4. Awareness and consciousness among the people are the pre-requisites of the success
of this Act. How far the base level administration will be corruption free and will be
able to maintain transparency that depends on the complete awareness among the
5. It is feared that there is every chance of misuse of the Act by some opportunist and
influential people. The success of the Right to Information Act also depends on the
civic consciousness of the people and thus they should be more vigilant about what is
6. The Poor people have limited capacity and strength to fight against bureaucrats with
the help of Right to Information Act. The people should therefore achieve a desired
level of education, gather courage and do away with their shy nature to fight against
such bureaucrats.
specific intent may result in putting authorities into embarrassment and killing their
time and energy to no effect. It is suggested to the general public to ask for sensible
8. People seeking redressal of their civic issues can visit the Right to Information clinics
established by the government. These clinics act facilitation centre for dissemination
of information.
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The researcher has made an attempt to arrive at specific suggestions related to the
Public Information Officers, Information Commissions and the Government. The list of
1. The public functionaries should be more active and sensitive towards the general
public and should supply the required information with more enthusiasm. They
should be aware of their duty to advise and assist information requesters. Likewise,
they should be fully aware that the people have a right to call on any officer for
assistance, and that officer has a duty to help them. The people should be given
guidance on whom they should approach if the officials are unsure whether to release
information.
2. The Public Information Officers at the institutions providing information are found
busy with number of other activities other than providing information. The Public
3. A stitch in time saves nine which means a timely effort prevents more work later.
possible. This suggestion is given as it is observed that the officers try to dispose off
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4. The delay in providing information due to the loose connections between levels of
levels of officers involved in providing information. This will avoid the harassment
caused to the general public to give the application to the concerned Public
Information Officer.
5. It is suggested that every public authority should computerise their records for wide
6. In case of illiterate applicants the request cannot be made in writing. The officers in
such a case should render all reasonable assistance to the person making the request
which is brief, true and easily understood by the citizens. This will avoid
further complaints resulting into wastage of time, energy and money. If some
supplied to the applicant so that he can understand the limitations of the person
kept in mind.
8. The public has every right to question the officers as the officers are appointed
to serve the public. The officers should deal with the public politely even if
they ask wrong information or use filthy language. Whenever citizens come
with requests for information they should be given a good welcome and not
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9. The Public Information Officers must make the heads of the departments or
them that this is to their own advantage as this would promote efficiency and
responsiveness.
Government.
1. The success of the Right to Information Act basically depends on the awareness of
the people. There is lack of specific institutional and financial provision to spread
awareness in the public for the Act to generate expected results. The government
should take steps to increase awareness among the people by providing the
2. Further, complete awareness largely depends on the level of education given to the
people. If the people will be educated, they will try to understand their rights and
facilities available to them. They will be vigilant towards their rights and a spirit of
protest will be developed among them. Therefore, the success of the Right to
achieve this, the government while implementing the target oriented policies and
programmes, should try to reduce the rate of illiteracy as far as possible within a
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3. Public authorities should not maintain secrecy as far as possible at the time of
implementing the policies and programmes of the government. It must be open for
follow the principle of openness so that the transparency in the department can be
maintained.
the problems of the common people and lucidly explain the plans, policies and
5. Recognising how important it is that all officials covered by the law understand it and
support it, experience has shown that one of the most important activities that need to
provide training to all officials. All Public Information Officers and appellate
authorities need to be fully trained on what their responsibilities are under the law,
how to manage applications and of course, how to apply and interpret the law.
6. It is observed that due to inadequate support staff, there is slow pace of disposal of
request, the applications pile up and there is long waiting period. Adequate and
efficient support staff should be put in place for quick and effective pro-active
recourses’, ‘in a reasonable time’, etc that may create confusion and controversy
amongst the masses should be framed properly so that false grounds for refusal of
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8. There are many exemptions to the Act like the class exemptions, prejudice based
exemptions and time limited exemptions. These exemptions prevent the information
from being received by the seeker. The exceptions should be minimised so that there
is more transparency.
submitting the evidence of payment of application fee and sending the application to
the concerned Public Information Officer. Though this procedure is not very
of Right to Information and how it works. Thus the procedure should be minimised to
10. Even five years after the enactment of the pioneering Right to Information Act,
penalties for delays in providing what has been sought under the law are imposed in
very rare cases. There must be stringent penalty and effective prosecution system for
11. There are many cases where the information commissioners have alleged misuse of
RTI or felt that the information sought was frivolous. Issue of frivolous Right to
appointed to handle the frivolous allegations and demand for information with no
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13. It is found that there is low awareness level among the public about the Right to
Information Act. Section 26 of the Act states that the appropriate government may
contemplated under the Act. The government may resort to the major sources of
discussions.
14. Many departments of the Government of India seem to have appointed multiple
public information officers. This results in citizens having to run from office to office
seeking out the correct Public Information Officer sometimes in vain. Appointment
citizen is avoided.
15. There are also problems regarding people's access to Public Information Officers. In
many departments the Public Information Officer can only be met after a security
pass has been obtained. However, in case the Public Information Officer is not in
place, the security desk does not issue a pass. Therefore, people have to sometimes
wait for hours till the Public Information Officers returns. Considering the Public
Information Officers are also performing other functions that could keep them away
for long periods of time, each office could authorize the cashier or the person
designated to collect the fee to also accept the Right to Information form and issue
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16. It has also been reported that various ministries and departments of the government
are insisting that they will only accept the specific forms that they have designed. The
law, however, does not provide for a form and does not authorize the public
formats, they should accept all requests even if they are on plain paper. The
government should be requested to send out a circular clarifying that the Right to
Information Act does not require any form and that people are free to apply on plain
17. Information received through Right to Information Act reveal that personnel at
top level are responsible for many ills in administration. It is suggested that only
competent people practicing some ethical standards and who have faith in
Commissioners.
18. Retired people who have already served in government need not be appointed as
Government have developed bureaucratic attitude and the same will continue.
That is why appointment of such persons means the poor functioning and
ultimate failure.
The researcher has arrived at general recommendations which are common and
specific recommendations relating to specific issues in the study. Following are the
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1. To create awareness about the important provisions of the Act among the people the
role of the mass media and Non Government Organisations is vital. Regular
publication of the objectives and role of Right to Information Act through the mass
that the people can be easily convinced about the merits of Right to Information Act.
increased. These clinics give an opportunity for people to ask any questions about
how they can use the Act to extract information from Companies or State bodies.
3. The system is that one has to deposit a certain amount of fees to get the information
available without any cost. Every department should open its own website so that one
4. In the European countries, every department has its own website. After providing the
information if anybody has doubt can ask questions through e-mail and the answers
are supplied to him within twenty-four hours. If any person wants to make
discussion, then that person is informed regarding the time, date and venue of
discussion within seven days. Such practice needs to be followed in our country.
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discourage people from violating the provisions. The penalties on the officers should
6. Public Authority can prepare a Right to Information ready plan where each officer
can do a self evaluation and identify areas of improvements and budget requirements.
This would help in meeting the infrastructural needs, thereby meeting the
7. A monetary incentive for the officers may be considered. Often, the Public
Information Officers are liable to pay penalty, for reasons beyond their control. So
while a penalty has been mandated by the Act, they should also get rewarded for
8. For quick and rational responses to the applicants, specific software application like
replies may be easy. Separate sections dealing with a particular subject can be
10. The team of people handling Right to Information need to be of dedicated and
meritorious people. This would on the one hand generate employment and on the
other hand would provide active and dynamic leadership. People can be considered
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doctors, etc. who have depicted their performance. Once, competent people are
in place such institutions would work well and good governance would be the
ultimate result.
offices based on their performance in providing information. This will lead to healthy
13. In order to resolve some serious issues, the Information Commissions can consider e-
hearings through video conferencing facility. Under the national e-governance plan
for government of India, video conferencing facilities have been set across all the
these facilities in holding e-hearings to make their reach convenient to the masses.
14. The system is that one has to deposit a certain amount of fees to get the information
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available without any cost. Every department should open its own website so that one
1. The government can take steps to increase awareness among the people through
pamphlets, walling, etc., may be resorted to spread the aims and objectives of Right
2. It has been marked that a number of posts under various departments are lying vacant
neither computerized nor have its own website. It is the duty and responsibility of the
3. A time may come when information requirements may be more than the generation
of information. The government should proactively take concrete steps like making
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5. At the state level a training implementation plan should be designed with support
from the state government. Head of the public authority should own the responsibility
6. As explained in the suggestions that there is a need for training programme for
recommended that a Knowledge Resource Centre can be designed for developing and
updating the training content. The key responsibilities of this centre would be to
suggest ways and means to develop Right to Information readiness plan, developing
7. Even if the posting as Public Information Officer is only a part of the overall
8. As a one-time measure, the government of India should spend one percent of their
planned budgets for implementing Right to Information Act for a period of five years
9. The citizens have to run from one office to another office in search of the correct
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10. The government can initiate a feedback system, where the general public can share
their experience and complaints with the government. The government can appoint
people to take care of this feedback system. This will help the government to know
the flaws in the implementation of the Act. The feedback forms may be submitted to
the Public Information Officers. At the same time the feedback can be given on web
11. There are many cases of Right to Information Activists being beaten up and the
whistle blowers being caught in the legal and administrative problems. The
government should make a provision to protect the whistle blowers and the
12. Web-based and other mechanisms can be evolved to create such a single window so
that people need not approach various departments separately. Web-based source can
give citizens easy access to all proactive disclosures made by public authorities. It
can give a similar easy access to all reports of Central Information Commission and
This cell can set up implementation measures to take necessary action to implement
the Right to Information provisions. This cell can develop and organise educational
officials and citizens. It can also conduct national level workshops, inviting Central
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the new generation is aware of Right to Information, the department may work with
15. The Right to Information call centre could be a single point used by citizens for filing
Through this initiative, the citizens can file information requests under the Right to
applications even for illiterate, disabled and elderly people. It will also save efforts of
universal access point for submitting Right to Information requests through internet
for every Public Authority. Citizens can submit Right to Information requests from
their homes, office or other remote areas, 24 hours a day and 7 days a week. Right to
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Information portal should contain links to all Ministry or Department website of the
appropriate government.
which will capture the receipt of the application, date, time, location received, contact
details of applicant and print a receipt for the applicant. Automated record
18. As explained in the suggestions that there is a need for training programme for
recommended that a Knowledge Resource Centre can be designed for developing and
updating the training content. The key responsibilities of this centre would be to
suggest ways and means to develop Right to Information readiness plan, developing
8.6 Conclusion
Many of the problems in implementation of Right to Information Act are due to
lack of clear accountability established through appropriate government rules and lack of
amended to not only remove the unjustifiable provisions but also to include necessary
provisions and the yet to be constituted Lok Pal bill. There is a need to conduct a
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thorough study detailing the roles and responsibilities of various entities and establishing
Public authorities must come into the market place and tell people simply and
clearly what they are trying to do and why. They should explain and justify their
deliberate effort of this kind can prejudice and ignorant or malevolent criticism be
There is a move to amend the Right to Information Act so as not to disclose the
whole information but selective information which would amount to lack of transparency
avoiding the exposure of vested interests and revert to secrecy. While corrupt officials
have a stake in trying to keep potentially damaging information secret, many honest
officials also resent having to divulge information due to an ingrained culture of secrecy
that views answering the public’s questions as an attack on their personal power and
esteem. While the system allows public access to even cabinet decisions, little is being
done to open information relating to the past, or provide reasonable access to information
The campaign for the Right to Information Act was started by grass-roots
movements. The idea was to empower people with a legislation and an administrative
apparatus that would keep a check on the government. Our Right to Information Act is
considered to be one of the best in the world, but it will be effective only if the
access to rue notings was defeated by a sustained people’s campaign. A similar effort
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mindset. The penalty clause meant to haul up officials refusing to give correct
Commission has not one case to show where an erring official has been penalised. The
commissions have to put in place a transparent mechanism where complaints are heard
so that decisions are not made on arbitrary or subjective grounds. Proper reporting of the
collective interest of the nation that Right to Information becomes an effective tool to
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