Right to Information & Jurisprudence

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Independent India is a democratic country. It has imbibed liberal democratic principles which are contained in the Constitution of India. Such principles, inter alia, call for clean and transparent governmental functioning with the right of the citizens to know about the working of the public bodies. No doubt, there are extensive checks and balances built into the functioning of all public bodies. However, this has traditionally implied supervision within the hierarchy, e.g., financial checks by specialised bodies within governments, internal audit, scrutiny by the judiciary and accountability to the legislature. However, the right of the citizens to audit and supervise the work of public authorities is recognised only when the Parliament enacted in the year 2005, the Right to Information Act. The basic objective was to ensure open government which is an essential feature of strong democracy. In fact, the right to information has been recognised as a fundamental human right, which upholds the inherent dignity of all human beings.

PREFACE After spending 36 years in the Indian Police Service, I was deeply aware of how bureaucracy had succeeded in controlling and using information as a source of its power. However, my true understanding of the power of information commenced when I was appointed Central Information Commissioner in September, 2008.

Over the next five years, I interacted with the members of the public seeking information and gradually developed a deep understanding of (and respect for) their diverse motivations and objectives. I also came to understand the inner workings and motivations of the Government Ministries & Departments, Public Sector Undertakings, Public Sector Banks and other public institutions. These interactions with a vast and diverse spectrum of bureaucracy and society led me to the realization that the RTI litigants are handicapped in prosecuting their cases in the adjudicatory fora (i.e. CPIO/FAA/Information Commission) due to non-availability of a comprehensive compendium on the RTI case laws. I, therefore, resolved to take up this project. The present work is, therefore, the culmination of this realization.

The RTI Act came into force on 12th October, 2005. It is one of the most transformative and revolutionary laws that has been enacted since our Independence. Its implementation during the last 15 years has demonstrated its citizen friendliness and popularity at the grassroots.