Day 1

Introduction
Evolution of Right to Information

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

List of abbreviations / acronyms

FoI GoI Freedom of Information Government of India RTI SCI Right to Information Supreme Court of India

MKSS

Mazdoor Kisan Shakti Sanghatan National Advisory Council

vs.

versus

NAC

UPA

United Progressive Alliance

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.
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Contd.

RTI a worldwide occurrence

..............

II

These laws also referred to as open-governmentlaws / 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.
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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.

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.
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The Beginning

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II

Article 19(1)(a)of the Constitution of India guarantees to all its citizens the Fundamental Right to Freedom of Speech and Expression.

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 Narain case, (1975) 4 SCC 428
Secretary, Ministry of Information and Broadcasting, Government of India v Cricket Association of Bengal(1995) 2 SCC 161 Peoples Union for Civil Liberties vs. Union of India, 2004 (2) SCC 476
Contd.
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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

Contd.

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Other Key Developments in the Evolution of RTI in India

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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.

Contd.

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Other Key Developments in the Evolution of RTI in India III

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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.
Contd.
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Other Key Developments in the Evolution of RTI in India IV

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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 Peoples RTI and the Forum for RTI unanimously submitted a resolution to GoI in February, 2000 to amend the proposed Bill.

Contd.

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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.

Contd.

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Other Key Developments in the Evolution of RTI in India VI

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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

Contd.

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Other Key Developments in the Evolution of RTI in India VII

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States and Central legislations.

Tamil Nadu, Goa Rajasthan, Karnataka Delhi Maharashtra, Assam Madhya Pradesh Jammu and Kashmir Freedom of Information (FOI) Act Right to Information Act 1997 2000 2001 2002 2003 2004 6 January 2003 15 June 2005

Contd.

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

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