Protect efficacy of Fundamental Right to know
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His Excellency President of India Dr. APJ Kalam,
His Excellency,
The Cabinet (Government of India) has approved the proposed amendment in the Right to Information Act, 2005 in the name of ambiguity in the law and to put the File Notings and How a decisions were arrived out of the preview of the RTI Act, in spite of the fact that law in clear terms defined the exemptions from disclosures which would impede the process of investigation or apprehension or prosecution of offenders, endanger the life or physical safety or any person or would identify the source of information or assistance given in confidence for law enforcement or security purposes, to balance the rights of liberty as against the duty to protect the security of State, public order, decency or morality or incitement to an offence which are protected under Article 19(2) of the Constitution of India.
Honble Chief Justice of India Mr. Y. K. Sabharwal pointed out that the Public Accountability is a facet of administrative efficiency. Publicity of information serves as an instrument for the oversight of citizens. By the same token it suggests that law could become a means for fighting corruption. Therefore, a Government which produces a trustworthy flow of information creates greater certainty and transparency. This is especially appreciated by those who intend to invest in the Country. International experience shows that countries that allow citizens access to public information have seen a reduction in indicators of corruption and, consequently, substantial increases in administrative efficiency. Public Accountability is a part of governance. It is the Government that is accountable to the public for delivering a broad set of outcomes but more importantly it is the public service consisting of public servants that constitutes the delivery mechanism. Therefore, the accountability and governance arrangements between Government which acts as the principal and the public service which is its agent, impact on the Governments ability to deliver and on its accountability to the public. The challenge lies in ensuring that the public service is geared to meet the expectations of the Government of the day and that public service is neutral, whichever party is in power. When a Government department translates a Governments policy into programmes, the success of that translation is very much dependent on a clear understanding of and commitment to the outcomes that are sought. It is not surprising that the history of accountability and governance within the public service has shifted from measuring inputs to measuring outputs, to matching outputs, and identify outcomes. The key which weakens accountability or the effectiveness of the Government or the public sector is the lack of information.
Government should admit that the File Notings and How a decisions were arrived are important part of the Information which need to be disclosed to the governed.
The decision of the Government to amend the law is result of strong lobbying from the Politicians and Bureaucrats, who feels uneasiness under fear for the disclosure of their way of working at the cost of larger public Interests and to weaken the accountability or the effectiveness of the Government or the public sector. The decision is dead against the fundamental right flowing from Art. 19(1)(a) of the Constitution to know about Administrative Efficiency, Public Accountability and Constitutional Governance in democratic India which requires an informed citizenry and transparence in information which are vital to its functioning and also to contain corruption and to hold governments and their instrumentalities accountable to the governed.
Therefore, this is humble request to His Excellency to sent a message to the Government to withdraw its aforesaid decision in favour of amendment in RTI Act, 2005. The decision of the Government to amend the RTI Act, 2005 is undemocratic and unconstitutional. Therefore Your Excellency the Guardian of the Constitution as well as the Fundamental Rights of the Citizens should act promptly to restrain the Government from any further move to curtail the fundamental rights of the governed.
Milap Choraria
National Convenor
Movement for Accountability to Public (MAP)
B-5/52, Sector-7,
Rohini,
Delhi-110085
[email protected]
His Excellency,
The Cabinet (Government of India) has approved the proposed amendment in the Right to Information Act, 2005 in the name of ambiguity in the law and to put the File Notings and How a decisions were arrived out of the preview of the RTI Act, in spite of the fact that law in clear terms defined the exemptions from disclosures which would impede the process of investigation or apprehension or prosecution of offenders, endanger the life or physical safety or any person or would identify the source of information or assistance given in confidence for law enforcement or security purposes, to balance the rights of liberty as against the duty to protect the security of State, public order, decency or morality or incitement to an offence which are protected under Article 19(2) of the Constitution of India.
Honble Chief Justice of India Mr. Y. K. Sabharwal pointed out that the Public Accountability is a facet of administrative efficiency. Publicity of information serves as an instrument for the oversight of citizens. By the same token it suggests that law could become a means for fighting corruption. Therefore, a Government which produces a trustworthy flow of information creates greater certainty and transparency. This is especially appreciated by those who intend to invest in the Country. International experience shows that countries that allow citizens access to public information have seen a reduction in indicators of corruption and, consequently, substantial increases in administrative efficiency. Public Accountability is a part of governance. It is the Government that is accountable to the public for delivering a broad set of outcomes but more importantly it is the public service consisting of public servants that constitutes the delivery mechanism. Therefore, the accountability and governance arrangements between Government which acts as the principal and the public service which is its agent, impact on the Governments ability to deliver and on its accountability to the public. The challenge lies in ensuring that the public service is geared to meet the expectations of the Government of the day and that public service is neutral, whichever party is in power. When a Government department translates a Governments policy into programmes, the success of that translation is very much dependent on a clear understanding of and commitment to the outcomes that are sought. It is not surprising that the history of accountability and governance within the public service has shifted from measuring inputs to measuring outputs, to matching outputs, and identify outcomes. The key which weakens accountability or the effectiveness of the Government or the public sector is the lack of information.
Government should admit that the File Notings and How a decisions were arrived are important part of the Information which need to be disclosed to the governed.
The decision of the Government to amend the law is result of strong lobbying from the Politicians and Bureaucrats, who feels uneasiness under fear for the disclosure of their way of working at the cost of larger public Interests and to weaken the accountability or the effectiveness of the Government or the public sector. The decision is dead against the fundamental right flowing from Art. 19(1)(a) of the Constitution to know about Administrative Efficiency, Public Accountability and Constitutional Governance in democratic India which requires an informed citizenry and transparence in information which are vital to its functioning and also to contain corruption and to hold governments and their instrumentalities accountable to the governed.
Therefore, this is humble request to His Excellency to sent a message to the Government to withdraw its aforesaid decision in favour of amendment in RTI Act, 2005. The decision of the Government to amend the RTI Act, 2005 is undemocratic and unconstitutional. Therefore Your Excellency the Guardian of the Constitution as well as the Fundamental Rights of the Citizens should act promptly to restrain the Government from any further move to curtail the fundamental rights of the governed.
Milap Choraria
National Convenor
Movement for Accountability to Public (MAP)
B-5/52, Sector-7,
Rohini,
Delhi-110085
[email protected]
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42.
N B
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It is the notingon the file which ultimately leads to government decision.Why and how of a decision is in the noting and not in the resulting government letter.Excluding file noting will make the RTI toothless instrument or at best a photocopier of alread
22 December 2013
1 November 2013
8 October 2013
13 May 2013
21 April 2013
3 October 2012
29 July 2012
25 March 2012
16 March 2012
33.
Srdarapuri Ipsretired
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RTI is really a very effective tool in dealing with corruption and partiality of which the Dalits and other weaker sections of siciety are a frequent victim. the proposed amendmats must be opposed with all the strength.
21 January 2012
5 August 2011
5 December 2010
30.
V Mk
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IT'S OUR RIGHT. An inalienable right has been conferred on citizens. In effect, therefore, the right conferred on the citizen is an exhaustive one. The legislative intent is clear; we are entitled to know how our money is spent. The onus is on us to make
27 September 2010
11 September 2010
1 August 2010
27.
Rajeev V
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RTI act is being scuttled by those bureaucrats, who try to extort money by way of false notings, and documents, and then try to hide their acts. they need to be exposed. As an example, an official earlier on deputation in the Indian Embassy in Russia sent
26 June 2010
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