On this page, we have compiled a summary of the First Report of the Second Administrative Reforms Commission (ARC) on Right to Information (RTI).

Introduction

1. Right to information has been seen as the key to strengthening participatory democracy and usher in people-centered governance.

2. Access to information can empower the poor and weaker sections of society to demand and get information about public policies and actions, thereby leading to their welfare.

3. Good governance has four elements

   1. transparency

   2. accountability

   3. predictability, and

   4. participation.

4. Transparency in government organizations makes them function more objectively thereby enhancing predictability.

5. Information about functioning of government also enables citizens to participate in the governance process effectively.

6. In a fundamental sense, right to information is a basic necessity of good governance.

7. The RTI Act is a path breaking legislation empowering people and promoting transparency.

8. While transparency should be the norm, some sensitive matters affecting national security need to be kept confidential.

9. The collective responsibility of the Cabinet demands uninhibited debate within the 'Cabinet room', free from day-to-day politics pressures.

10. People should have the right to know Cabinet decisions and reasons, but not what transpires within the Cabinet.

11. The Act exempts all such confidential matters from disclosure under Section 8.

Official Secrets Act (OSA) And Other Laws

1. The Official Secrets Act (OSA) is criticized for being too broad and vague in scope. It lacks a clear definition of 'official secrets'.

2. Section 5 of OSA penalizes the communication of any kind of secret information accessed by a government servant, not just information prejudicial to national security.

3. The wide ambit of Section 5 has led to controversies and prosecution in cases where information leakage was trivial in nature.

4. The Law Commission recommended narrowing the scope of Section 5 to cover only information useful to enemies or prejudicial to national security.

5. The Law Commission also recommended consolidating all laws dealing with national security into a single National Security Act.

6. Consolidation of laws has advantages like reducing the bulk of statute books, using uniform drafting style and omitting unnecessary provisions.

7. The National Security Act should incorporate provisions from foreign codes dealing with national security, suited to Indian conditions.

8. The proposed amendments to OSA by the 'Shourie Committee' aim to reconcile the need for transparency and national security imperatives.

9. The 'Shourie Committee' criticized OSA for being responsible for excessive secrecy in government due to its broad and vague Section 5.

Governmental Privilege in Evidence

1. Section 123 of Evidence Act should be amended to allow disclosure of official records exempt from RTI if it does not injure public interest.

2. The Court may inspect records in chambers and determine if disclosure would injure public interest, recording its reasons.

3. Disclosure of Top Secret information classified for national security reasons should only be allowed by High Court.

4. Section 124 of Evidence Act will become redundant and will have to be repealed.

5. Appeals against tribunal rulings on privilege claims should lie to High Court.

Armed Forces exemption under RTI Act

1. Armed Forces should be included in Second Schedule of RTI Act.

2. Act provides for disclosure for corruption and human rights violations, even with exempted organizations.

3. Disclosure is still mandatory when public interest demands it, even with Armed Forces exemption.

Rights and obligations under RTI Act

1. Rights and obligations under Act require building institutions, organizing information and enabling environment.

2. Steps taken for implementation include building institutions, managing information and recordkeeping, capacity building and monitoring.

3. Many states have still not constituted Information Commissions even after 10 months of enactment.

4. Many Information Commissioners have civil service background lacking public confidence.

Appointing Information Officers

1. Central secretariats should appoint Deputy Secretary level PIOs.

2. State secretariats should appoint officers of similar rank as PIOs.

3. Senior officers should be designated as PIOs in subordinate agencies.

4. Along with PIOs. appellate authorities should also be designated and notified.

Monitoring mechanism

1. Information Commissions should be entrusted with monitoring effective implementation of RTI Act.

2. Nodal officers should be identified by monitoring authorities in regional, state, district offices.

3. A National Coordination Committee under Chief Information Commissioner should be set up.

Issues in implementation

1. Complicated procedures to file applications

2. Insistence on demand drafts instead of cheques for fees

3. Difficulties filing applications by post

4. Higher application fees charged

5. Large number of PIOs leads to difficulties

Inventory of public authorities

1. The DoPT has been identified as nodal department for implementing RTI Act at central level.

2. Each ministry should have a list of all public authorities under it, classified into different categories.

3. Each public authority should have details of subordinate authorities and make it available online.

4. Similar system should be adopted at state level.

Single window agency at district level

1. Single window agencies should be set up in each district to receive RTI requests for all authorities.

2. District Collector or Zilla Parishad office is suited for single window agency cell.

3. Lowest office with decision making power or record custody should be recognized as public authority.

Application to non-governmental bodies

1. 'Substantially financed' by government needs to be defined to bring non-government bodies under RTI Act.

2. Bodies receiving 50% of annual costs or over Rs.1 crore in last 3 years from government should be covered.

3. Information held by non-government bodies but could be disclosed if held by government should be covered.

Disclosure beyond 20 year limit

1. Many permanent records like court rulings, land records, birth records exist beyond 20 years.

2. 20 year rule should apply only to temporary records, others should be available for duration they are preserved.

Public grievances procedure

1. Information often stems from grievances against departments which are defensive in disclosing information.

2. Independent grievance redressal authorities like Public Grievances Commission should be set up.

3. They should coordinate with SICs and single window agencies to help citizens use RTI as tool against mal governance.

Right to information act for Legislature

1. Legislature and Judiciary are covered under RTI Act though most recommendations apply to Executive.

2. Administrative processes within courts need to be brought under RTI while maintaining independence .

3. Legislative records need indexing, cataloguing and computerization for easy public access.

4. Computerized tracking system needed for legislators, public to trace executive action on House matters.

Removing difficulties

1. Information Commissions should monitor effective RTI implementation in all public authorities.

2. A National Coordination Committee under CIC should be set up for coordination and best practices.

3. Organizations performing public functions or with monopoly should be brought under RTI Act.

Conclusion

1. RTI Act signals shift from secrecy to openness, personalized power to accountability and participation.

2. Effective implementation depends on institutions created, practices, changes in related laws and people's participation.

3. RTI alone is insufficient; protection of whistleblowers, decentralization and accountability at all levels also needed.

4. Law provides opportunity to redesign governance processes, especially at grassroots level.