Right  to Information -Master Key toGood Governance What is the objective of 2nd Administrative Reforms Commission? ·      The Second Administrative Reforms Commission wasconstituted to prepare a detailed blueprint for revamping the publicadministration system. ·      The Commission suggested measures to achieve aproactive, responsive, accountable, sustainable and efficient administrationfor the country at all levels of the Government. “If liberty and equality, as is thought by some arechiefly to be found in democracy, theywill bebest attained when all persons alike share in the government to the utmost”.

                                                                                                                                       AristotleRight to information   What is the importance of RTI ?·      Right to information has been seen as the key tostrengthening participatory democracyandushering in people centred governance. ·      Access to information can empower the poor andthe weaker sections of society to demand and get information about publicpolicies and actions, thereby leading to their welfare. ·      RTI helps in bringing Transparency which is thenecessary component of Good Governance and without good governance, no amount ofdevelopmental schemes can bring improvements in the quality of life of thecitizens.·      The effective implementation of the Right to InformationAct will create an environment of vigilance which will help promote functioningof a more participatory democracy.   RTI ACT This lawis very comprehensive and covers almost all matters of governance and hasthewidest possible reach, being applicable to government at all levels – Union,State andLocal aswell as recipients of government grants. Access to information under this Actisextensivewith minimum exemptions. Even these exemptions are subject to strictsafeguards.1.

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1.4 Asmay be expected in a new legislation of this kind, permanently impacting on allagenciesof government, there are bound to be implementation issues and problem areas,whichneed to be addressed. The Commission therefore decided to look at theimplementationof thisnew legislation and make suitable recommendations to fulfil the objectives oftheAct.While the Act applies to all branches of government – Executive, Legislativeand Judicial,theCommission’s study and recommendations largely pertain to the Executive branchat alllevels.

However, the Commission has also carefully examined some of the key issueswhichneed tobe addressed in the Legislative and Judicial branches for effectiveimplementation ofthe Act.It is for the competent authorities of the Legislatures and Judiciary toexamine theserecommendationsand adopt them with modifications to suit their requirements. 1.1.5 Oneof the terms of reference of the Administrative Reforms Commission pertainsto theFreedom of Information, specifically the following aspects:-a. Toreview the confidentiality classification of government documents speciallywithreference to the Official Secrets Act.

b. Toencourage transparency and access to non-classified data.c.Disclosure of information and transparency as a supplement to the Right toInformationof the citizens.1.1.6 TheCommission has examined the relevant laws, rules and manuals which have animpact onfreedom of information. It has specifically examined the Official Secrets Act,theIndianEvidence Act, Manual of Departmental Security Instructions and those pertainingtoofficeprocedures and Conduct Rules and made recommendations in respect of these.

1.1.7 Inorder to elicit views from different stakeholders on Freedom of Information theCommissionorganized a National Colloquium at the National Judicial Academy, Bhopal inDecember2005. The list of participants in the National Colloquium organized by theCommissionon the subject is in Annexure-I(1). The recommendations of the Colloquiumare atAnnexure-I(2). The questionnaire circulated to various stakeholders is inAnnexure-I(3).

Thecase studies conducted or relied on by the Commission are in Annexure-I(4). Thecomparativestudy of transparency laws in various States and other countries is inAnnexure-I(5) andI(6) respectively.1.1.8This Report is in two parts: Part I focusses on Official Secrets andconfidentialityissuesand is divided into three chapters: Official Secrets; Rules and Procedures; andConfidentialityClassification. Part II focuses on the steps required for effectiveimplementationof theAct and is divided into four chapters: Rights and Obligations, Issues inImplementation,Applicationof the Act to the Legislature and the Judiciary and Removal of Difficulties.2

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