AMENDMENT TO RIGHT TO INFORMATION ACT-WHETHER A THREAT TO GOOD GOVERNANCE?

Abstract

Transparency and accountability in administration are the sine qua non of a participatory democracy. Right to information was introduced as a tool to strengthen participatory democracy in India as it ensures transparency which in turn warrants accountability. The right to information is implicitly guaranteed by the Constitution under Article 19 (1)(a). However, in order to set out a practical regime for providing access to information possessed by the public authorities, the Indian Parliament enacted the Right to Information Act, 2005 and thus gave the citizens a statutory right to demand information. A true democratic set up requires an informed citizenry for which Right to Information acts as a catalyst. Access to information empowers the citizens of this country to demand and obtain information about the governmental functioning and all the public acts done by the public functionaries. But without proper implementation and governance of this legislation, no amount of welfare activities can enhance the quality of life of the citizens. 

Right to Information is considered as a key to achieve the attributes of Good governance namely transparency, accountability, predictability, participation, effectiveness, efficiency, Rule of law responsiveness, equity etc. as it provides information to the general public and clarity about functioning of governmental institutions. The latest amendment to the RTI act i.e. The Right to Information (Amendment) Act, 2019 and introduction of the new RTI rules i.e. “the Right to Information (Term of Office, Salaries, Allowances and Other Terms and Conditions of Service of Chief Information Commissioner, Information Commissioners in the Central Information Commission, State Chief Information Commissioner and State Information Commissioners in the State Information Commission) Rules, 2019,” however, are being perceived by many as a threat to good governance in India as these changes curtail the independence of information commissions and make them subordinate to the Government. The paper seeks to analyse the likely impact of Right to Information (Amendment) Act, 2019 and the new RTI rules on good governance in India.