THE RIGHT TO INFORMATION ACT AND GOOD GOVERNANCE IN INDIA: AN ANALYSIS

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1 THE RIGHT TO INFORMATION ACT AND GOOD GOVERNANCE IN INDIA: AN ANALYSIS Dr. Pranita Choudhury 1 INTRODUCTION Good governance is perhaps the single most important factor in eradicating poverty and promoting development. - Kofi Annan India being a welfare state is the duty of the government to protect and enhance the welfare of the people. It is obvious from the constitution of India that we have adopted a democratic form of government where the society has chosen to accept democracy as its creedal faith. Therefore it is elementary that the citizens ought to know what their government is doing. The citizens have a right to decide by whom and by what rules they shall be governed and they are entitled to call on those who can survive without accountability and the basic postulate of accountability is that the people should have the information about the functioning of the government. It is only if people know how the government is functioning; they can fulfill the role which democracy assigns to them and make democracy a really effective and participatory one. The citizen s right to know the true facts about administration of the country, is thus, one of the pillars of a democratic State. This is why the demand for openness in the government is increasingly growing in different parts of the world. Good governance is epitomized by predictable, open and enlightened policy making; a bureaucracy imbued with professional ethos, acting in furtherance of the public good; the rule of law; transparent processes; and a strong civil society participating in public affairs. Poor governance is characterized by arbitrary policy making; unaccountable bureaucracies; unenforced or unjust legal system; the abuse of executive power; a civil society unengaged in public life; and widespread corruption. 2 Good governance helps create an environment in which sustained economic growth becomes achievable. Conditions of good governance allow citizens to maximize their returns on 1 Asst. Prof. University Law College, Gauhati University 2 Singh A.P. Civil Society and good governance: emerging challenges. Journal of the Indian Law Institute. Vol. 50. (Jan- Mar 2008) no 1. P P a g e Journal On Contemporary Issues of Law (JCIL) Vol. 2 Issue 5

2 investment. Good governance does not occur by chance. It must be demanded by citizens and nourished explicitly and consciously by the nation state. It is, therefore, necessary that the citizens are allowed to participate freely, openly and fully in the political process. The citizens must have the right to compete for office, form political party and enjoy fundamental rights and civil liberty. Good governance is accordingly associated with accountability, political leadership, enlightened policy-making and a civil service imbued with a professional ethos. The presence of a strong civil society including a free press and independent judiciary are pre-conditions for good governance. The purpose of good governance is to ensure that all sectors of the population are represented, not just the elite or powerful in civil society. It links governance and especially complex interaction considering the roles of different sectors and the quality of governance the people enjoy. The United Nations Development Program (UNDP) defines Good governance as a participatory, transparent, accountable, effective, equitable process that promotes rule of law. 3 It ensures that the political, social, economic priorities are based on broad consensus in society and the voice of the poorest and most vulnerable are heard in decision making over the allocation of development resources. Good governance can only be achieved if all the citizens are able to attain full and effective enjoyment of all fundamental rights. Improved governance requires an integrated, long term strategy built upon cooperation between citizens and government. It involves both participation and institution. Rule of law, accountability and transparency are technical and legal issues at some levels. However citizen friendly, participatory and openness are required for good governance. Good governance identifies and focuses at the improvement of the living conditions of the citizens and welfare of all sections of the society. The United Nations is playing an increasing role in Good Governance. According to former UN Secretary-General Kofi Annan, Good governance is ensuring respect for human rights and the rule of law; strengthening democracy; promoting transparency and capacity in public administration. 4 The main challenge before good governance relates to social development. In his famous tryst with destiny speech on 14 August 1947, Jawaharlal Nehru articulated this challenge as the ending of poverty and ignorance and disease and inequality of opportunities. Good governance must aim at expansion in social opportunities and removal of poverty. In short, 3 United Nations Development Programme governance for sustainable human Development : AUNDP Policy Document ch.1 (1997) 4 Available at (Last accessed on 30/06/2016) 2 P a g e Journal On Contemporary Issues of Law (JCIL) Vol. 2 Issue 5

3 good governance, as I perceive it, means securing justice, empowerment, employment and efficient delivery of services. 5 Good governance is a normative conception of the values according to which the act of governance is realized, and the method by which groups of social actors interact in a certain social context. In addition to the normal governmental functions, all round development without discrimination preserving the democratic values, social justice and the fundamental rights. In true sense Good governance is above politics. The party in power forgetting their self-interest or party benefits work for the greater interest of the individuals. When there is upliftment of the society without barriers, educational development, and removal of poverty, employment and contentment among the people at large. In our parliamentary democracy decision making should not be left to the small group of elected representatives by it should be represented by people at large. HISTORY The concept of good governance was first highlighted by World Bank in its document related to Sub- Saharan Africa Project in However, the fact is that the term good government was first used by Queen Victoria in India just after the mutiny of 1857 and it was Proclamation of Queen Victoria, November 01, 1858, Allahabad 6 We shall respect the rights, dignity and honor of Indian Princes as our own and we desire that they as well as our own subjects should enjoy that prosperity and that social advancement which can only be secured by internal peace and good government. And it is our further will that, so far as may be, our subjects of whatever race or creed, be firmly and impartially admitted to offices in our services; the duties of which they may be qualified by their education, ability and integrity duly to discharge. In their prosperity will be our strength, in their contentment our security and in their gratitude our best reward. Aristotle the great Greek philosopher said If liberty and equality, as is thought by some are chiefly to be found in democracy, they will be best attained when all persons alike share in the government to the utmost. 5 Available at (Last browsed on 1/6/2016) 6 Kataria SK. Role of RTI in reforming the Indian administration. The Indian Journal of Public Administration. Vol LV. No.3. p P a g e Journal On Contemporary Issues of Law (JCIL) Vol. 2 Issue 5

4 The word governance was used for the first time by Greek philosopher Plato. Governance is defined as the exercise of economic, political and administrative authority to manage a country s affairs at all levels. It consists of mechanisms processes and institutions through which citizens and government articulate their interests, exercise their legal rights, meet their obligations and mediate their differences. The term governance has been conceptualized in various ways. The World Bank defines it as the manner in which power is exercised in the management of a country s economic and social resources. The Bank has identified three distinct aspects of governance. 7 The form of political regime; The process by which authority is exercised in the management of a country s economic and social resources for development; The capacity of the government to design, formulate and implement policies and discharge functions. CONSTITUTIENTS OF GOOD GOVERNANCE Good governance is the result of economic development when there is better productivity, social equality and justice. In this context good governance refers to availability of information to the general public. Some of the important constitutions of good governance are: Accountability Transparency Rule of Law Sustainability Effective and Administrative efficiency Inclusiveness Equity Peoples Participation Electronic Governance. Combating corruption. 7 Godbole Madhav, Good governance, never on India s radar. Rupa Publications. New Delhi. (2014) p.24 4 P a g e Journal On Contemporary Issues of Law (JCIL) Vol. 2 Issue 5

5 ACCOUNTABILITY Accountability is a key requirement of good governance. Not only governmental institutions but also the private sector and civil society organizations must be accountable to the public and to their institutional stakeholders. Who is accountable to whom varies depending on whether decisions or actions taken are internal or external to an organization or institution. In general an organization or an institution is accountable to those who will be affected by its decisions or actions. Accountability cannot be enforced without transparency and the rule of law. Therefore it is clear that good governance is an ideal which is difficult to achieve in its totality. Very few countries and societies have come close to achieving good governance in its totality. However, to ensure sustainable human development, actions must be taken to work towards this ideal with the aim of making it a reality. Good governance is possible through properly organized and guided administration. A government is good, if it is administered well. Kautaliya suggests that good government should avoid extreme decisions and extreme actions. For good government, all administrators, including the king were considered servants of the people. If rulers are responsible, accountable, removable, recallable, there is stability. 8 Good governance requires ongoing vigilance from leaders to ensure effective accountability. Recognizing the problem is easy, solving it is the challenge. Most people do not like to be held accountable, but it is the foundation upon which effective governance and a prosperous society are built. TRANSPARENCY Transparency means that decisions taken and their enforcement are done in a manner that follows rules and regulations. It also means that information is freely available and directly accessible to those who will be affected by such decisions and their enforcement. It also means that enough information is provided and that it is provided in easily understandable forms and media. Transparency is an important aspect of good governance, and transparent decision making is critical for the private sector to make sound decisions and investments. Accountability and the rule of law require openness and good information at higher levels of administration, 8 Kautiliyas Arthastra. anujamishra. Blogspot.com. 5 P a g e Journal On Contemporary Issues of Law (JCIL) Vol. 2 Issue 5

6 external reviewers and the general public can verify performance and compliance to law. Governments have access to a vast amount of important information. Dissemination of this information through transparency and open information systems can provide specific information that firms and individuals need to have to be able to make good decisions. Capital markets depend for example on information openness. Transparency is a watchword to prevent corruption. People want to know what is going on in government and economic dealings. Such transparency is the guideline of good governance. 9 Transparency is a deterrent against the arbitrary exercise of public power. Free and open access to information to citizens is an essential pre-requisite of democracy. Democracy is said to be the best form of government because it prefers active participation of the people in the decision making. A good and participatory government can be ensured with full transparency and informed citizenry. Transparency of public authorities is a key feature of good governance and an indicator of whether or not a society is genuinely democratic and pluralist, opposed to all forms or corruption, capable of criticizing those who govern it, and open to enlightened participation of citizens in matters of public interest. The right to access to official documents is also essential to the self- development of people and to the exercise of fundamental human rights. 10 Transparency in functioning of every limb of democracy is not only desirable but also imperative because it adds to the credibility of the system and inspires the confidence of the people. RTI Act 2005 requires an informed citizenry and transparency of information is vital. RULE OF LAW It is a legal principle that law should govern a nation, as opposed to being governed by arbitrary decisions of individual government officials. It primarily refers to the influence and authority of law within the society. Rule of Law implies that every citizen is subject to the law including the law makers. Thus it stands in contrast to autocracy, dictatorship or oligarchy where the rulers are held above the law. Dicey states that the Rule of Law means 9 Dieter Haller &Cris Shore. Corruption Anthropological perspectives, (2005), p Amitabh Ranjan. Information rights: A jurisprudential audit. The Indian Journal of public Administration. July- Sept 2009 Vol- LV No. 3. P P a g e Journal On Contemporary Issues of Law (JCIL) Vol. 2 Issue 5

7 the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power or wide discretionary power. It excludes the existence of arbitrariness, of prerogative or even wide discretionary authority on the part of the government. 11 Legal framework should be fair and impartial and human rights implemented. SUSTAINABILITY To attain good governance there should be a sustainable growth. Sustainability is a process for meeting human development at a continued and systematic process. Social problems like elimination of poverty, reducing unemployment, women empowerment, educational upliftment, improving the quality of human life is a sustainable and continued effort to maintain good governance. EFFECTIVENESS AND ADMINISTRATIVE EFFICIENCY Good governance means that processes and institutions produce results that meet the needs of society while making the best use of resources at their disposal. The concept of efficiency in the context of good governance also covers the sustainable use of natural resources and the protection of the environment. INCLUSIVENESS The wellbeing of a society depends on ensuring that all men and women have opportunities to improve or maintain their livelihood. This requires participation of all groups, especially the most vulnerable. They should have opportunities to improve or maintain their standards of living. Overall development of its people including women, children, poor, as well as economically and socially backward people without which real progress of the society cannot be achieved. Their proper representation in the decision making process is very important. 11 Dieter Haller & Cris Shore, Corruption, Anthropological Perspectives. (2005), p P a g e Journal On Contemporary Issues of Law (JCIL) Vol. 2 Issue 5

8 EQUITY Equity in governance focuses on fairness, justice and equality. PEOPLE S PARTICIPATION Governance in a democracy implies effective participation in the process of governance. The citizens should have necessary information to make informed choices especially in the elective process. The RTI not only helps to improve the quality of decision making by removing the unnecessary secrecy but also to facilitate the process of policy formulation. ELECTRONIC GOVERNANCE It is another important element of good governance. Electronic governance greatly improves the quality of governance. It is a process of enabling governance using information and communication technology to make governance effective for citizens in terms of efficiency, transparency and cost effective. It transforms the information system and made a considerable progress in information at the local, regional, national and international levels. It helps to give excellent and immediate service boosting good governance. Citizen s services like issuance of certificates, licenses, land records, tax payment, health and educational services, information relating to agriculture, employment, visa and passport and other services are available at the click of the mouse. COMBATING CORRUPTION Controlling or combating corruption is a very important element of good governance. Corruption is the greatest evil of the society today. The Right to Information Act reduces corruption to a great extent. It provides every citizens the right to ask, enquire, examine, review or assess any Act and decision. Corruption is an ancient curse. Corrupt behavior harms the public interest. There is no doubt that government officials have been abusing their position for personal gains for thousands of years. Corruption is said to be a Hidden, Occult and Immoral phenomenon. It is often assumed that corruption takes place only in hidden, occult and unofficial setting and with the knowledge of the immediate exchange- 8 P a g e Journal On Contemporary Issues of Law (JCIL) Vol. 2 Issue 5

9 partners only. The notion of corruption is something hidden is linked intrinsically to the concept transparency, which is a major watchword - if not the major watchword for policymakers, politicians, and other proponents of modernity. People want to know what is going on and modernity gives us the right to know. "Power tends to corrupt, and absolute power corrupts absolutely quoted by John Emerich Edward Dalberg Acton, first Baron Acton ( ). The historian and moralist, who was otherwise known simply as Lord Acton, expressed this opinion in a letter to Bishop Mandell Creighton in There have been many initiatives and tools to check corruption in the near future. These are some checks to prevent corruption; The Right to Information Act, 2005 has been a relatively the best and most effective tool in tackling corruption. This gives any citizen of India the right to information about the government and what it is doing with taxpayers' money. RTI is a weapon to tackle corruption. It should be free access for the common people. Terming corruption as one of the most dreaded maladies afflicting Indian society, former president Abdul Kalam said It should pain every Indian s heart when he reads his country s name included in the list of those blackened by the existence of this evil. 12 CONCLUSION The reward of good governance is eminent in elections. The recent development of antiincumbency and overturning of governance are in fact heartening. Good governance is recognized as a prime objective in several leading democracies of the world. The countries which are in the forefront include Australia, New Zealand, Singapore, the United States and United Kingdom. In these countries it is seen that the higher civil services are taken to be the main instruments for translating the right to good governance into reality. The political leaders should swear and take an oath to abide by the basic principles of good governance. Effectuating the concept of good governance into reality is not an easy task. Political and administrative commitments continuous pressure of public opinion and accountability of the governance can effectuate good governance. Reduction of poverty, implementation of social sector schemes, infant mortality, malnutrition, school drop-out rate, custodial death, communal death, industrial peace, crime 12 H.K. Goswami. (Dr.) Corruption: a global concern. Assam Tribune, Guwahati, Nov. 28th P a g e Journal On Contemporary Issues of Law (JCIL) Vol. 2 Issue 5

10 against weaker sections, human rights violation, constitution of fast tract courts, The most important component of good governance is the transparency in the in the working of the government. Just as war is too serious a matter to be left only to the generals, governance is too serious a matter to be left only to politicians and bureaucrats. All stakeholders from all walks of life must become active participants in keeping a close watch over it. Only when a million, and in the case of India a billion, eyes and ears are so deployed can some change for the better be expected. 13 Right to Information is a quiet social revolution which plays a vital role in the governance of the country. It is a powerful tool that can strongly support democracy and promote good governance by empowering the citizens to participate effectively and hold government officials accountable. In addition to provide information, Right to Information Act serves as a watchdog and promotes good governance. 13 Godbole Madhav, Good governance, never on India s radar. Rupa Publications. New Delhi. (2014) p P a g e Journal On Contemporary Issues of Law (JCIL) Vol. 2 Issue 5

Power, Money, Values and the Common Good: What Politics is and what it should be. by Prof. Dr. Horst Posdorf MEP. Alumni Meeting of KAF Scholars 2007

1 Power, Money, Values and the Common Good: What Politics is and what it should be by Prof. Dr. Horst Posdorf MEP Alumni Meeting of KAF Scholars 2007 A. Introduction The topic of today's discussion deals