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INTRODUCTION
Fundamental Rights cherished by citizens in a democracy and are the essence of much-valued principles in the Republic. One such Right is the Right to Information. It’s not explicitly mentioned in Constitution but implied in Article 19(1)(a) and Article 21 of the Constitution of India. Article 19(1)(a) gives citizens the right to freedom of speech and expression. Article 21 says that “No person shall be deprived his life or personal liberty except according to the procedure established by law.”
The Supreme Court of India talked about celebrated Right in judgments. In the case of Raj Narain, the Supreme Court said that the Right to Know, which should make one wary, when secrecy claimed for transactions which can, at any rate, have no repercussion on public security. In Romesh Thapar v. State of Madras [[2]], the Supreme Court of India founded that freedom of discussion to be included in Article 19(1)(a) of Constitution and freedom of the press to be an aspect of freedom of discussion so that members of a democratic society should be sufficiently informed about ‘be able to form their own beliefs and communicate them freely. The fundamental principle available people’s right to know’.
IMPACT ON INSTITUTIONS
RTI has a huge impact on some institutions and sectors in a particular system located across the country at large.
Education sector
Education is the most neglected sector in the country. A campaign name ‘Shiksha ka sawaal’ has started in towns and villages of Rajasthan. The students protested against the lack of teachers in government schools. The campaign ran from years about 2015-16 and it used by RTI to monitor government schools and public education located across the State. It yields positive results and Principals of these schools were made by PIOs (Public Information Officers). They started policy named Abhibhavak Divas (parents-teachers meetings) and Shiksha Samvaad, the dialogue situated between media, school, teachers, parents, and our education minister, along with various education secretaries. Aspirants have given competitive exams also filed RTIs if they felt something wrong or unjust happened to them in the selection process.
NGOs
In recent cases of D.A.V. College Trust and Management Society v. Director of Public Instructions[[5]], apex court noticed that non-governmental organizations which were substantially financed by appropriate government fall under the scope of ‘public authority’ under Section 2(h) of Right to Information Act, 2005.
Payments of pension
The process also simple and nothing much is required to file an RTI. In the year 2018, CIC has also ordered payment of pension cannot be denied for lack of Aadhar Card. The case was concerning 55 pensioners. CIC made the reference for the right to privacy judgment [[6]] in which the apex court held that citizens cannot be forced to show their Aadhar for avail such benefits of government schemes. The commission further said in its decision, “It is the matter of life and living of 55 pensioners who actually totally dependent upon the petty amount of pension. Though the delay in payment making leads to disturbing the whole routine life of all or some of them. That is why information regarding payment of pension to retired persons should need to be considered and categorized as information about concerning life and shall be responded within 48 hours period of time.
ANALYSIS OF CORRUPTION
Table depicting CPI from the year 1995 to 2011
The difference in CPI scores in time periods of pre-2005 and post-2005 shows little progress. The point that needs to be noted here is that progress is neither consistent nor remarkable. The rankings have also seen dipped in subsequent years. We need to analyze the parameters on which index is based and acknowledging why we have not fared so well and why the RTI Act has not much-needed impact on corruption.
According to the 2019 report of Transparency International corruption, and unfair, political financing, undue influence in decision-making and lobbying by powerful groups have resulted in no progress for index.
The report also said, “Our analysis also shows corruption is more concerned and spread in countries where big money flows freely into electoral campaigns and where governments listened specifically voices of wealthy or well-connected individuals concerned group.”
RTI AND POLITICAL PARTIES
When we analyze the situation in our country we clearly need to look intention of political parties who not all willing to come under RTI. An RTI filed in 2010 by Association regarding Democratic Reforms for seeking information about ten maximum voluntary contributions made by all political parties. No information was disclosed by them. Then a petition was filed in CIC 2013, the historic judgment of CIC declared that all six national political parties come under the definition of public authority as stated in Section 2(h) of the RTI Act and therefore, under the purview of RTI Act.[[13]] The judgment has not complied with parties. A PIL is sub-judice in the apex court on the same matter.
The decision of the Supreme Court in D.A.V. College Trust and Management Society v. Director of Public Instructions [[14]] held that non-governmental organizations which frequently financed by appropriate government fall within the ambit of ‘public authority’ under Section 2(h) of Right to Information Act, 2005. The reasoning, in case, gives a huge perspective that political parties should come under the ambit of the RTI Act. This case also gives us a very good idea about the fact that how lawmakers themselves avoid laws that make in Parliament.
CONCLUSION
In conclusion, we can say there are some areas like education and Public distribution system where all situation has been improved for betterment but still lot of work needs to be done in these areas. But, still having some remaining areas which have been untouched by revolutionary legislation like in the case political parties and India still remains country from years where ‘big money can flow freely in elections.’ The Act is remarkably one of the best-used legislations till ever used around the world by the general public for exercising of their Fundamental Rights. But there is still some complicated mistake in its implementation due to wide spreads of corruption.
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