RIGHT TO INFORMATION & PARTICIPATORY

DEMOCRACY
G. M. Wagh
School of Law
Christ University,
BANGALORE 560029
Right to information is right to know. It is a fundamental right read into art. 19(1)
(a) of the Constitution, now also right under the Right to Information Act, 2005
Evolution of the Concept: Disclosure of State information in British India was
governed from 1889 by the Official Secrets Act. Even after independence the same
Act continues to be applicable.
Environmental activists were facing difficulties in gathering data. Simultaneously
many other associations and NGOs were also trying to get information about
functioning of the government.
Judicial Activism: Supreme Court of India and High Courts read right to
information in constitution. Art. 19(1)(a) which guarantees freedom of speech and
expression was interpreted to include the right to information. The very concept of
democratic government which is responsible to the people was held to include the
right to information.
Legislation
Central Acts

Freedom of Information Act, 2002

Right to Information Act, 2005

State Acts

1997 Tamil Nadu, Goa

2000 Karnataka, Rajasthan
2001 Delhi
2002 Maharashtra, Assam
2003 Madhya Pradesh
2004 Jammu and Kashmir (now substituted by the Act of 2009)

If RTI is a fundamental right then why is a statute needed? For two reasons.
Firstly, to work out the details of the right and secondly, in government offices
statutes are applicable.
Right to Information Act prevails upon the Official Secrets Act

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Right to information is available under the RTI Act only to the citizens. Similarly,
freedoms guaranteed under art. 19 of the constitution are available to citizens
only. Hence, they are not available to foreigners or corporate bodies because under
Citizenship Act only natural persons can be citizens of India.
Information: Information means any material in any form, including records,
documents, memos, e-mails, opinions, advices, press releases, circulars, orders,
logbooks, contracts, reports, papers, samples, models, data material held in any
electronic form and information relating to any private body which can be
accessed by a public authority under any other law for the time being in force. Sec. 2(f) RTI Act.
The Act empowers every citizen to:

Ask any questions from the Government or seek any information.

Take copies of any governmental documents.

Inspect any governmental documents.

Inspect any Governmental works.

Take samples of materials of any Governmental work.

Public Authority means any authority or body or institution of self- government

established or constituted
1. by or under the Constitution;
2. by any other law made by Parliament;
3. by any other law made by State Legislature;
4. by notification issued or order made by the Govt, and includes any
(a) body owned, controlled or substantially financed;
(b) NGO substantially financed, directly or indirectly
by funds provided by the Government
Duty of Public Authority to Disclose: A public authority is under an obligation
to disclose the information related to it to all citizens RTI Act expects that the
information should be promptly provided whenever requested for.
RTI Act also expects that the public authorities should voluntarily disclose vital
information related to it, in which citizens may be interested, to reduce the
number of requests. Hence, under sec. 4(b) and (c) makes it mandatory to publish
certain information and to keep it updated at regular intervals
Citizens Charter is a document which represents a systematic effort to focus on
the commitment of an organization towards the citizens in respects of standard of
services, information, etc.

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PIOs and APIOs: All authorities covered must appoint their Public Information
Officer (PIO) and Assistant PIO (APIO).
It is the PIO's obligation to provide information to citizens of India who request
information under the Act.
The PIO/APIO cannot refuse to accept the application under any circumstance.
If the request pertains to another public authority (in whole or part), it is the PIO's
responsibility to transfer/forward the concerned portions of the request to a PIO of
the other within 5 working days.
Request for Information: Any citizen may submit a request to the PIO for
information in writing or electronically (email or online). If the person is not
capable of making request in writing or electronically, it is the duty of the
PIO/APIO to help him by reducing his request in writing. A list of PIOs, APIOs for
all Central and State departments and Ministries is available online at
http://www.rti.gov.in
Fee: Prescribed fee must be paid with the application unless the applicant is
below poverty line.
The applicant is not required to disclose any information or reasons other than his
name and contact particulars to seek the information.
Different State Governments and High Courts have prescribed different fees. Fees
Prescribed by Central Government are: Rs. 10 for filing the request, Rs. 2 per page
of information and Rs. 5 for each hour of inspection after the first hour.
Generally the following modes of payment are accepted: In person by paying cash,
Demand Draft, Indian Postal Order, Money orders (only in some states), Affixing
Court fee Stamp (only in some states), Bankers cheque
Form of Application: For Central Government Departments, there is no form. You
should apply on plain sheet of paper like an ordinary application. However, many
states and some ministries and departments have prescribed formats. Applicants
should apply in these formats prescribed under the rules of the concerned state.
Time Limit for Giving Information
If the request has been made to the PIO

30 days

If the request has been made to an APIO

35 days

Information concerning corruption and Human Rights violations by

scheduled Security agencies (those listed in the Second Schedule to
the Act)

45 days

If third party information is involved

40 days

If life or liberty of any person is involved

48 Hrs.

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Consequences of Delay: If the PIO fails to provide the information within the time
prescribed, there will be two consequences1. A penalty of Rs. 250 per day of delay can be imposed subject to a maximum
of Rs. 25000 will be recovered from the salary of the PIO.
2. The information sought will have to be provided free of cost.
Third Party Information: Third party means a person other than the citizen
making a request for information and includes a public authority.
If the request is in respect of any information or record, or part thereof, relates to
or has been supplied by a third party and has been treated as confidential by that
third party, the PIO may allow disclosure if the public interest in disclosure
outweighs in importance any possible harm or injury to the interests of such third
party.
Exclusions and Exemptions: Central Intelligence and Security agencies specified
in the Second Schedule are excluded from the purview of the RTI Act. Similarly,
sec. 8 exempts certain sensitive information from disclosure.
Rejection of Application:
Though the PIO cannot refuse to accept the
application, he may refuse to give information under the following grounds:

The information is exempted from disclosure

The information invades the privacy of a third party and disclosure does not
serve any significant public interest

The disclosure infringes the copy right of a person other than state

If the application is rejected, the same must be informed to the applicant

within the period prescribed for giving information

If neither information is given, nor rejection is intimated within the

prescribed time, it amounts to deemed denial

The order of rejection shall also show the following three particulars

Grounds of (reasons for) rejection

Details of the appellate authority

Time within which appeal may be preferred

Appeals: There are two appeals provided under the RTI Act to the aggrieved
applicant. The appeals must be preferred within the prescribed period. There is no
fee for preferring appeals.Appeals must be in writing (emails not entertained)
First Appeal: First appeal lies under sec. 19(1) of the RTI Act to the First Appellate
Authority (to such officer who is senior in rank to the PIO) within 30 days from
receiving information or intimation of rejection.

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Second Appeal: Party aggrieved by the order of the First Appellate Authority may
prefer a second appeal to the Information Commissioner under sec. 19(3) within
90 days from the date of receipt of the order of the First Appellate Authority.
If the appellate authorities are satisfied that the appellant was prevented by some
reasonable cause from making the appeal within the prescribed time, they may
condone the delay and admit the appeal.
Impediments for free flow of information are
1. Restrictive laws such as Official Secrets Act.
2. The pervasive culture of secrecy and arrogance within the bureaucracy.
3. The low levels of literacy and rights awareness amongst people.
4. Lethargy and indifferent attitude of the educated people towards their own
rights.
Importance of Right to Information:
1. Without right to information the democratic system of governance cannot be
successful. (To be able to vote and elect a good government the performance
of the government should be known.)
2. With proper information corruption can be effectively controlled. (Seeking
information about the progress of case, allocation of funds, etc. will normally
get the work done.)
3. If corruption is reduced, it will indirectly lead to the economic growth of the
country.
Supreme Court of India, in Raj Narain vs. State of UP gave three reasons for Right
to Information:
1. People cannot speak or express themselves unless they know.
2. India is a democracy. People are the masters. Therefore, the masters have a
right to know how the governments, meant to serve them, are functioning.
3. Every citizen pays taxes. Hence, the citizens have a right to know how their
money was being spent.

PARTICIPATORY DEMOCRACY
Democracy is generally defined as a form of government in which all adult citizens
have an equal say in the decisions that affect their lives.
Ideally, this includes equal (and more or less direct) participation in the proposal,
development and passage of legislation into law.
It can also encompass social, economic and cultural conditions that enable the
free and equal practice of political self-determination.
Forms of Democracy: There are several varieties of democracy, some of which
provide better representation and more freedom for their citizens than others.
For our purpose, the important types are:
1. Representative Democracy
2. Direct Democracy
3. Hybrid Democracy
Representative Democracy: Representative democracy is a broad term describing
a means of governance by the people through elected representatives. Citizens
elect government officials who then make decisions on their behalf. Essentially, a
representative democracy is a form of indirect democracy in which representatives
are democratically selected, and usually difficult to recall. The aspirations of the
people and of their elected representatives often differ.
Direct Democracy: Direct democracy, classically termed pure democracy, is any
form of government based on a theory of civics in which all citizens can directly
participate in the decision-making process. Some adherents want legislative,
judicial, and executive powers to be handled by the people, but most extant
systems only allow legislative decisions. A large number of citizens places greater
difficulties on the implementation of a direct democracy, where representation is
not practiced and thus all citizens must be actively involved on all issues all of the
time. This increases the need for representative democracy, as the number of
citizens grows.
Hybrid Democracy:
Some modern democracies that are predominately
representative in nature also heavily rely upon forms of political action that are
directly democratic. Examples include Switzerland and some U.S. states, where
frequent use is made of referendums and initiatives.
Grassroots democracy is a tendency towards designing political processes where
as much decision-making authority as practical is shifted to the organization's
lowest geographic level. In India gram panchayats are examples of the from of
grass roots democracy.

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Participatory Democracy: Participatory democracy is a process emphasizing the
broad participation of constituents in the direction and operation of political
systems.
Participatory democracy strives to create opportunities for all members of a
political group to make meaningful contributions to decision-making, and seeks to
broaden the range of people who have access to such opportunities.
Role of Technology: Because so much information must be gathered for the
overall decision-making process to succeed, technology may provide important
forces leading to the type of empowerment needed for participatory models,
especially those technological tools that enable community narratives and
correspond to the accretion of knowledge.
Thus, tele-communication and information technology play a very vital role in
success of participatory democracy.
This is the age of information affluence. Technology, with its capacity for storing,
simplifying and communicating information with astonishing speed has, more
than ever, put information at the center of development. Information is a global
resource of unlimited potential for all.
Conclusion: As observed by Adam Smith, All the ills of democracy can be cured
by more democracy. Right to Information is a step towards achieving that more
democracy to cure the ailments of our democracy, ensuring more participation of
the citizens in democratic processes leading us from mere representative
democracy to participatory democracy.
THANK YOU