RTI AND ITS IMPACT ON INDIAN DEMOCRATIC SYSTEM

Abstract

India was under the colonial rule for over 200 years and a major element of that oppressive rule was the questions asked way of governance of the Britishers in furtherance of which the atrocious Official Secrets Act was enacted and was in operation post the independence and enactment of our Constitution which made India a Democratic Republic. The essence of a democracy lies in the principle as given by Abraham Lincoln in the Gettysburg Address that it is “for the people, by the people, of the people” and that the Preamble of the Constitution of India states that the people of India have given the Constitution to themselves. In these circumstances, the operation of an Act like the Official Secrets Act went against the democratic spirit of the nation.

The elections in India are based on Universal Adult Franchise and the persons are elected on representation of the people of India. In these circumstances, it is the need of the nation to provide Right to Information to it’s citizens so that they can demand answers and information from the Government and it’s Authorities on the functions and operations of the nation.

This paper focuses on the Legislative History of RTI on how the idea was opposed, acts enacted but never notified, bills allowed to lapse to the enactment of the present ground breaking but limited Right to Information Act, 2005. This paper further makes a detailed perusal of the RTI Act, 2005 along with a comparison of the same with other parallel legislations and their scope in nations around the World. Lastly, the paper focuses on the judicial aspect of RTI and the grievance redressal mechanism finishing with the suggestions and important judgements that have paved the way for execution of the RTI in India.