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International Journal of Humanities and Social Science Invention ISSN (Online): 2319 – 7722, ISSN (Print): 2319 – 7714 www.ijhssi.org Volume 2 Issue 2 ǁ March. 2013ǁ PP.11-22 Right to Information and Good Governance The right to information act is a path making legislation which brings to light the secrecy of administration. It is an effective means to promote democratic ideology. The act is powerful instrument to fight against corruption. By realizing this significance the Second Administrative Reform Commission had prepared a detailed blueprint for revamping the public administrative system. The second Administrative Reform Commission, government of India has published its first report in ―Right to Information: Master key to good governance.‖ Through this report the commission directly mentioned that access to information can empower the poor and weaker sections of society to demand and government information about public policies and actions, thereby led to welfare of all. Good governance and right to information are complimentary to each other. A nation whatever form of government it pursues must fulfill the aspirations of common man. Good governance is the only avenue, which can provide guaranty the life of individuals. Good governance is characterized by- political accountability, availability of freedom, bureaucratic accountability, availability of information, effectiveness, efficiency, law abiding citizen and cooperation between government and society. As such the Right to information is a natural corollary of good governance. The enactment of RTI act 2005 introduces an open and transparent government and gives every citizen right to seek and receive information to make administration more responsible and transparent which means good governance. So, World Bank once rightly remarked, ―Right to information is an integral part of good governance.‖ V.K Agnihotri and B.V.R Subrahmanyam opined that Right to Information is a part and partial of success for good governance. They said the minimum expectations of citizens from the governance are- - Timely prompt service. - Minimum Red Tape. - Minimum waiting time. - Minimum visit to multiple officers. - Minimization of Arbitrariness. - Prompt information in delays, waiting times etc, and - Prompt information on status of application. In the following paragraph, this paper tries to examine the right to information and transparency of administration as an effective tool of good governance. (1) Participation Participation of both men and women is the cornerstone of good governance. Representative democracy does not mean the rule of chosen few; it must take into interest of all sections specially the most vulnerable sections in the society. The Right to information acts gives people a chance to participate not just one in five years, but every day and question any decisions. The right to Information act gives an opportunity to the common men to participate in governance and reduce the imbalance in power relationship, provides a tool to oppose injustice and allows collective spirit to make democracy work for everyone. Right to information act also strengthen grassroots democracy and ensures peoples participation in local governance and development activities. (2) Accessibility Right to Information makes it possible to easy access of information from government departments, documents, records, services, finances and policies to all sectors of community. The Right to Information act by providing easy access of information reduces the traditional long gape between citizens and administration and thus helps in nation building process. The right to know and easy access of government information helps the people to understand the limitations of government at different levels. The availability of information also helps to foster in development process and it is a symptom of true and mature democracy. (3) Transparency Transparency is the milestone of good governance. 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. Transparency and accountability is possible only when the public have access to information. The enactment of Right to Information act 2005, people are now able to seek information from any government department with a definite time frame. The Right to Information act is intended to promote accountability and transparency in government by making the process of government decision making more open. Though some departments of the Union government are exempted from this act but the information can be sought if it is concerned with violation of human rights. Even the information from the private authority can be sought only through the controlling authority and controlling authority will send the notice to the institution concerned under section 11 of the act. In addition to this, the citizens are taxpayers, so they have every right to ask the government. (4) Accountability Accountability is another requirement of good governance. Not only the government, the private sector institutions should also accountable to the people. Information is power and Right to Information act brings accountability and transparency in the administration. The Right to Information act provides people with mechanism to access information, which they can use to hold the government accountable or to seek explanation as to why decisions have been taken, by whom and with what consequences or outcomes. However, accountability can not be achieved without transparency and rule of law. (5) Empowerment Before enactment of Right to Information Act, participation in political and economic processes and the ability to make informed choices has been restricted to India. As a consequence, commoners remain ignorant of various schemes and are unable to resist when their rights become causality. At the same time, people remain ignorant in terms of the ways and means through they can obtain their entitled rights from the concerned departments legally. Now with enactment of Right to Information act people can participate in decision making process and it enables the citizens to know about the government decisions. The Right to Information act empowering people by removing unnecessary secrecy surrounding in decision making process of the government. (6) Equity and inclusiveness Equity is another prominent feature of good governance. It implies everybody is a part of the governance and they do not feel excluded from the mainstream of society. The Right to Information act also does not make any discrimination between rich and poor and it covers all the citizens in India. It always comes forward to fight against inequality, injustice and inhuman activity. (7) Effectiveness and Efficiency The Seventh feature of good governance is efficiency and effectiveness. The concept of efficiency in good governance covers doing work at first speed and effectiveness means doing things effectively with result oriented. In this connection Right to Information act will bring more effective and efficient record management techniques that are needed to facilitate the provision of information in response to public interest. Under RTI provision 4 (1) it is clearly mentions, ―It is the obligatory of public authority to maintain all its records duly catalogued and indexed.‖ Under section 4(b) ―every public authority is requested to publish within 120 days from the enactment of the act as many as 17 manuals.
Srinagar, April 12: The Jammu and Kashmir State Information Commission (SIC) has asked the State government to ensure good governance by “ushering in a dawn of transparency and accountability”.The SIC, which is headed by Chief Information Commissioner, G R Sufi, has made several recommendations to the State government and asked it to take measures for accelerating the process of computerized management information systems by all the public authorities in the State.Read at: Ensure good governance: SIC tells Govt - Rising Kashmir. Latest News, Breaking News From Kashmir, Kashmir`s very own English Daily.
karira posted a topic in Off Topic[h=1]Law panel to Modi Govt: Bribery for 'good intention' should not be considered a crime[/h] New Delhi, Feb 17: Prime Minister Narendra Modi, throughout his electioneering, sought votes to curb widespread corruption and bribery in the government offices, but if reports are to be believed then Law Commission has come up with a recommendation that might promote bribery. Bribery to be legalised in India? As per reports, suggesting amendments in the Prevention of Corruption Amendment Bill, 2013, the Law Commission wants to decriminalisation of bribery 'if taken for a right cause'. That means, the law panel has suggested the government to not to penalise a government employee if he is caught seeking bribe for a good cause. For this, the panel has come up with a justification that Indian employees do not seek bribe only for their personal interests, infact bribe here is taken to get some of the work done on time. If this recommendation is accepted then only those public servants would be punished who misused their office by taking bribe. It must be noted that taking money or favours to get the work done is legal in several countries, there it is termed as 'facilitation fee'. A person is free to pay some extra money to get his/her work done quickly. With India bidding big ticket investments, the Law Commission, last week, recommended mandatory norms by government for commercial organisations to prevent bribery. Recommending amendments to the bill, the law panel proposed introducing a "statutory obligation" on the government to publish guidance about the procedures that commercial organisations can take to put in place "adequate systems" to prevent bribery to public servants. It said in Section 9, a new sub-clause can be added to make it clear that "the central government shall prescribe and publish guidelines about the adequate procedures, which can be put in place by commercial organisations to prevent persons associated with them from bribing any person, being or expecting to be, a public servant". It said the guidelines shall be prescribed and published by the Centre "after following a consultation process in which the views of all the interested stakeholders are obtained". Section 10 of the bill pending in the Rajya Sabha extends the liability of the commercial organisation to every person who is in charge of and is responsible to the organisation for the conduct of its business through a deeming provision. The panel in its latest report submitted to the Law Ministry has also recommended amending Section 10. The revised Section 10 now states that if an offence by a commercial organisation is proved to have been committed with the consent or connivance of any director, manager, secretary or other officer of the commercial organisation, then such person shall be guilty of the offence and will be liable to be proceeded against and punishable with imprisonment which shall not be less than three years but which may extend to seven years. OneIndia News (With inputs from PTI) Read More: Law panel to Modi Govt: Bribery for good intention should not be considered a crime - Oneindia
koteswararaonerella posted a topic in Discussions on RTII have recently filed RTI Application with Railway Board on the BUDGET PROPOSALS OF YEARS 2008 onwards pertaining to SC.Railway,Secunderabad etc., and sent application under REGISTERED POST and I have later tracked the POST and found it was delivered,Since more than 33 days passed from the deli9very date, I thought of waiting for 3 or 4 days and file FIRST APPEAL.Before that I verified the site to find ouut whether there is any chance of getting STATUS.Finanly I could trace it and found the site showing my RTI Application registered with date 26thJune with case No. section(BUDGET) and now I thought since I need to wait upto end of this month to get the reply received by me and stopped thought of First Appeal.But this is NOT HAPPENING IN THE CIC WHERE 5 OF MY 2ND APPEALS ARE PENDING AND I HAVE TO FILE RTI TO KNOW THE STATUS.My advice is that the CIC office as soon as the 2ns Appeal is registered can give case No. by SMS/Email since every applicant is giving this data necessarily which will not cost them much I am writing to CIC about this ,hope they act.
Hi, I need to understand how i can file a case against an employer / boss in the labour court in Mumbai My best friend has got an intimation from her employer that she has been asked to leave the co. and she is pregnant. Can she file a case against them. They have talked with them regarding this and are forcing her to give a resignation, or have warned that they will give her the termination letter. Please guide as to how she can take this up with labur court. Thanks, TM