an analytical study of use and - information and...
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aN aNalYTICal sTUDY oF UsE aND
IMPlEMENTaTIoN oF rIghT To INForMaTIoN (wITh
rEFErENCE To gwalIor CITY
a ThEsIs sUBMITTED To ThE jIwajI UNIvErsITY gwalIor
For ThE awarD oF
DoCTor oF PhIlosoPhY
IN
PUBlIC aDMINIsTraTIoN
BY
DharMENDra sINgh ChoUhaN
gUIDE
Dr P.N. KharE
rEsEarCh CENTrE
sChool oF sTUDIEs IN PolITICal sCIENCE aND PUBlIC
aDMINIsTraTIoN
jIwajI UNIvErsITY, gwalIor (M.P.)
Appendix – 4
FORWARDING LETTER OF HEAD OF INSTITUTION { Para-18 (5)( a ) }
The Ph.D. thesis entitled An Analytical Study of Use and
Implementation of Right to Information Act (with reference to
Gwalior City) submitted by Shri/Smt/Ku. Dharmendra Singh Chouhan
under the supervision of Dr P.N. Khare, Professor (Political
Science), Govt. K.R.G. Post Graduate College, Gwalior (M.P.) is
forwarded to the University in three copies. The candidate has paid the
necessary fees and there are no dues outstanding against him/her.
(Signature of Head of institution)
(where the candidate was registered
for Ph. D./ degree)
Date………………..
Place Gwalior (M.P.)
Name ………………………………
Seal…………………………………
Appendix – 5
DECLARATION BY THE CANDIDATE {Para-18 (5)( b )}
I declare that the thesis entitled An Analytical Study of Use and
Implementation of Right to Information Act (with reference to
Gwalior City) is my own work conducted under the supervision of
Dr P.N. Khare Professor (Political Science), Govt. K.R.G. Post
Graduate College, Gwalior (M.P.) (Supervisor/Co-supervisor) at
School of Studies in Political Science and Public Administration,
Jiwaj University, Gwalior (M.P.) (Centre) approved by Research
Degree Committee. I have put in more than 200 days of attendance
with supervisor.
I further declare that to the best of my knowledge, the thesis does
not contain any part of any work which has been submitted for the
award of any degree either in this University or in any other University
without proper citation.
Date……………………… (Dharmendra Singh Chouhan)
Place Gwalior (M.P.)
Appendix – 6
CERTIFICATE OF THE SUPERVISOR { Para-18 (5)( c ) }
CERTIFICATE
This is to certify that the work entitled An Analytical Study of
Use and Implementation of Right to Information Act (with
reference to Gwalior City) is a piece of research work done by
Shri/Smt./Ku Dharmendra Singh Chouhan under my/our guidance
and supervision for the degree of Doctor of Philosophy of Jiwaji
University Gwalior (M.P.) India. I certify that the candidate has put in
an attendance of more than 200 days with me.
To the best of my knowledge and belief the thesis:
(i) Embodies the work of the candidate himself/herself:
(ii) Has duly been completed:
(iii) Fulfills the requirement of the Ordinance relating to the
Ph.D. degree of the University: and
(iv) Is upto the standard both in respect of contents and
language for being referred to the examiner.
(Dr P.N. Khare) Professor (Political Science) Govt. K.R.G. Post Graduate College Gwalior (M.P.) Date……………… Supervisor
ACKNOWLEDGEMENT
It would not have been possible to write this thesis without the
help and support of the kind people around me. This thesis has been
kept on track and been seen through to completion with the support and
encouragement of numerous people including my respected guide, my
friends and my family members. During the course of my research
work I have confronted many hurdles and constraints but with the help
and cooperation of these peoples, I have accomplished by typical task.
In this sequence, I would like to avail the opportunity to acknowledge
my gratitude to all those who helped me directly or indirectly in
completion of this thesis.
First and foremost I offer my sincerest gratitude to my guide and
supervisor, Dr P.N. Khare, Professor (Pol. Sc.), Govt. K.R.G.
Postgraduate College Gwalior, who has supported me throughout my
thesis with his patience and knowledge and without him this thesis,
would not have been completed or written. One simply could not even
imagine for a better or friendlier supervisor. His guidance, co-operation
and affinity are my valuable achievements. I am really indebted to
his suggestions for which no quid pro quo can even be imagined.
It is with immense gratitude that I acknowledge the support and
help of Dr A.P.S. Chauhan, Head of the Department, Department of
Political Science and Public Administration, Jiwaji University Gwalior,
for providing me good advice, precious time and academic and
technical support despite his busiest schedule. I would like to
acknowledge the academic and technical support of the University,
Department of Political Science & Public Administration and its staff for
providing me adequate academic and technical support to complete my
thesis particularly the library facilities.
I share the credit of my work with my friend Dr Anupam Singh,
Assistant Professor, Shri Ram Kumar Bhartiya Degree College,
Phaphund, Auraiya, whose suggestions and knowledge helped me a lot
all the way.
It gives me great pleasure in acknowledging the support and help
of my friend Pankaj Chaturvedi, who despite his pre-occupations and
heavy commitments has never said “no” for any assistance. I will be
wrong if I pay my gratitude to him, rather I ought to pay gratitude to the
God for blessing me with such an invaluable friend. It gives me great
pleasure in acknowledging his support for reading the manuscript and
correcting the spellings and typing errors.
I will fail in my duty if I don’t appreciate the contributions of my
nephew Advocate Sandeep Singh Bhadauriya, who despite younger
to me, has proved himself as my friend, philosopher and guide in real
life, owing to his superior knowledge of practical life. I cannot find
words to express my gratitude to him for providing me an atmosphere
conducive to complete this thesis.
Among my family members, I would like to thank my wife and my
child who have given me their unequivocal support throughout, as
always, and were also silent sufferer during preparation of this thesis for
which my mere expression of thanks likewise does not suffice.
In the last, I would like to extend my sincere regards to my mother
and my late father, whose blessings have always been a source of
strength in my life.
Dharmendra Singh Chouhan
PREFACE
Right to information has been recognized as an internationally
protected human right. In simple words, it is the citizen’s right to
access information held by public authorities. Citizen’s access to
information is a key to participatory democracy because it instills
accountability and transparency in governance. In response to an
international obligation to effectively guarantee the Right to Information
as per Article-19 of International Covenant on Civil and Political Rights
(ICCPR) by all its members, several judgments delivered by the
Supreme Court of India and pressure from the grassroots national
movements, the Indian Parliament has enacted the Right to Information
Act 2005 and the same has been notified in the Gazette of India on
21st June, 2005.
This Act is a complete Code in itself and as such covers both
substantive law and procedural law. It provides the machinery for time
bound supply of information. It also provides an effective
grievance-redressal mechanism, when information is not provided. It is
a major step in empowering citizens and promoting transparency.
Such a legislation, which may have permanent impact on all agencies
of government, is bound to face implementation related issues and
problem areas. It is not the enactment of law which brings the fruits
but it is the effective implementation which can make a difference.
Effective implementation demands awareness amongst the public,
which is the key to make any legislation successful.
In the present research an attempt has been made to carry out an
analytical study on the use and implementation of Right to Information
Act. The research is focused on the implementation aspects of this
new legislation and study of its awareness in Gwalior City. The
research is important because empowerment of citizens is a basic and
key element for any welfare State, especially in view of changing role of
State due to globalization. Enactment of suitable legislation is one step
but its effective implementation as well as its optimum awareness
among the public are another vital factors which are required to achieve
the objectives of legislation. Therefore, an analytical study on both
these aspects of Right to Information Act is important and necessary in
the discipline of Public Administration as well as its mother subject
Political Science. The present thesis is divided into following eleven
chapters with the brief contents as shown against each chapter.
Chapter-1 This chapter gives a brief introduction of Right to
Information Act, importance and necessity of research.
Chapter-2 This chapter describes what social research is, what are
the objectives of social research, types of objectives and
the objectives of present research.
Chapter-3 This chapter contains the international historical
background, constitutional background, national historical
background of Right to Information; journey of enactment of
Right to Information Act 2005 in India and post enactment
scenario.
Chapter-4 This chapter discusses the research methodology adopted
in the present research like research design, framing of
hypothesis, methods and techniques of data collection,
sample selection, measurement, accuracy of
measurement, reliability, scales, data processing, statistical
methods used for data analysis etc.
Chapter-5 This chapter contains review of literature.
Chapter-6 This chapter contains various aspects of Right to
Information Act in simple and comprehensible manner.
Chapter-7 This chapter contains the duties/obligations of various
government bodies towards implementation of Right to
Information Act.
Chapter-8 This chapter contains data processing and testing of
hypotheses in respect of awareness of Right to Information
Act in Gwalior City.
Chapter-9 This chapter contains data processing and testing of
hypotheses in respect of use of Right to Information Act in
ten selected institutes/offices.
Chapter-10 This chapter describes detailed analysis of collected data,
testing of hypotheses, interpretation and generalization of
result arrived out of research.
Chapter-11 This chapter contains the conclusions and
recommendations.
The research has been carried out within the researcher’s best
capability in terms of knowledge, cost, time needed for completion,
literature available, ethical and moral considerations, amenities
required, present relevance and future utility of the research. The
results arrived out of research have been generalized suitably. The
research will be useful to other researcher, people, students, social
workers, civil societies, educational institutes, media, administrative and
political thinkers and government.
Dharmendra Singh Chouhan
TABLE OF CONTENTS
Page Chapter-1 Introduction 1-8
Chapter-2 Objectives of Research 9-18
Chapter-3 Historical Perspective 19-39
Chapter-4 Research Methodology 40-68
Chapter-5 Review of Literature 69-102
Chapter-6 Various Aspects of Right to 102-122 Information Act
Chapter-7 Duties/Obligations of Government 123-130 Bodies Towards Implementation
of Right to Information Act
Chapter-8 Analysis of Awareness of Right to 131-169 Information Act in Gwalior City
Chapter-9 Analysis of Implementation of Right 170-216 to Information in ten Institutes/Offices
Chapter-10 Analysis of Collected Data 217-242
Chapter-11 Conclusion and Recommendations 243-261
Bibliography i-ii
Appendix A – Right to Information Act iii-xxxii 2005
Appendix B - Research Paper published in xxxiii-10i “A Journal of Asia for Democracy
and Development” Volume – XIII,
No. - 4, 2013
[1]
CHAPTER – ONE
INTRODUCTION
[2]
CHAPTER – ONE
INTRODUCTION
`Democracy requires an informed citizenry and
transparency of information which are vital to its
functioning and also to contain corruption and to
hold Governments and their instrumentalities
accountable to the governed’
- Right to Information Act, 2005
India after independence has adopted democratic form of
government and emerged as the largest democracy in the world. In a
democracy, where people govern themselves, it is necessary to have
more openness. Openness in the exercise of public power – be it
Executive, Legislative or Judiciary – is backbone in democracy, which
needs to be nurtured.
James Madison once said, “A people who mean to be their own
governors must arm themselves with power that knowledge gives”.
Without openness and participation of citizens, democracy is
ineffective. To enable citizens to actively participate in governance,
they should be provided with information regarding governmental
activities, about their elected representatives, about bureaucrats, about
benefits which are conferred on citizens in various walks of life and
information about governance itself. Equitable, fair, transparent and
justice ridden administration presupposes that persons be made aware
of the Law, Rules, Regulations and Administrative guidelines by which
their affairs will be governed.
[3]
In India, the Official Secrets Act 1923 was a major instrument to
deny public access to information and promote secrecy. Public
servants under the Official Secrets Act 1923 were duty bound to
practice secrecy in their official functioning. All ministers, constitutional
bodies and officials need to take oath for secrecy. Thus, public
functioning has traditionally been shrouded in secrecy.
Freedom of information or access to information held by
government and public authority has, since last few decades, been
recognized as an internationally protected human right. The countries
across the world have been moving away from opaque and secretive
administrative systems to open and transparent systems. There is an
exciting global trend towards recognition of Right to Information by
nations, their intergovernmental organizations and the people.
As our democracy kept on maturing, India continued moving
towards openness in public dealings. In recognition to the need for
transparency in public affairs, for fulfillment of international obligations,
citizens’ demand and judicial decisions, the Indian Parliament has
enacted the Right to Information Act in 2005 and made it fully effective
with effect from 12th October 2005 with much fanfare. This Act has
provided the machinery for the implementation of this all important
“right” within a stipulated time-frame and for the redressal of the
complaints when information is not provided.1 It is a major step in
empowering people and promoting transparency. It enables citizens to
participate fully in the decision-making process that affects their lives so
profoundly and also has a dynamic role in constitutionally guaranteed
democracy. All information available with the Government or of
1 P.K. Saini & R.K. Gupta, “Right to Information Act, 2005”, Deep & Deep Publication Pvt. Ltd., 2009, Chapter 14: Right to Information and the Common Man : A Socio-Legal Study by Anupam Ahluwalia & Manoj Sharma, p.179
[4]
information to which the Government/public authorities have access has
to be made to citizens whenever they ask.
This law is very comprehensive and covers almost all matters of
governance and has the widest possible reach, being applicable to
government at all levels – Union, State and Local as well as recipients
of government grants. Access to information under this Act is extensive
with minimum exemptions. Even these exemptions are subject to strict
safeguards.
It is a path-breaking legislation which signals the march from
darkness of secrecy to dawn of transparency. It lights up the mindset of
public authorities, which is clouded by suspicion and secrecy2. As
pointed out by 2nd Administrative Reforms Commission, good
governance has essentially four elements – transparency,
accountability, predictability and participation3 and this is possible, if and
only if, the citizens are armed with easy and expeditious access to
information regarding the affairs of the government without any
hindrance. Thus, right to know is the prerequisite of every welfare
government and especially democracies and any refusal or blockage in
sharing such necessary information with the persons who want to know
about it will be an utter feeling of disgrace and dissatisfaction to the
citizens of any country which, in the long-term may prove fatal to the
government.4
It must, however, not be lost sight that the abundance of laws
cannot be the solution but it is the effective implementation of the laws
2 Government of India (2006): Right to Information: Master Key to Good Governance, First Report, Second Administrative Reforms Commission, New Delhi, Preface by M. Veerappa Moily. 3 Id., op. cit., p.1 4 P.K. Saini & R.K. Gupta, “Right to Information Act, 2005”, Deep & Deep Publication Pvt. Ltd., 2009, Chapter 14: Right to Information and the Common Man : A Socio-Legal Study by Anupam Ahluwalia & Manoj Sharma, pp. 170-184 at p.171
[5]
which can make a difference. As may be expected in a new legislation
of this kind, permanently impacting on all agencies of government, there
are bound to be implementation issues and problem areas, which need
to be addressed. Effective implementation demands that the masses
be made aware of their rights and remedies in order to enable them to
enjoy the fruits of their right fully. Therefore, awareness is the key to
success, more so in the traditional Indian set-up.5
In this context the Prime Minister Shri Manmohan Singh ji said in
Lok Sabha that:-
“I would only like to see that everyone, particularly our civil
servants, should see the Bill in a positive spirit; not as a draconian
law for paralyzing Government, but as an instrument for improving
Government-citizen interface resulting in a friendly, caring and
effective Government functioning for the good of our people.
This is an innovative Bill, where there will be scope to review its
functioning as we gain experience. Therefore, this is a piece of
legislation, whose working will be kept under constant reviews.”
In this background, the researcher decided to carry out this
research on the use and implementation of Right to Information Act in
Gwalior City. This research is focused on the implementation aspects
of this new legislation and study of its awareness in Gwalior City.
NECESSITY AND IMPORTANCE OF THE RESEARCH
This research is important because empowerment of citizens is a
basic and key element for any State. The evolution of the State is a
5 P.K. Saini & R.K. Gupta, “Right to Information Act, 2005”, Deep & Deep Publication Pvt. Ltd., 2009, Chapter 14: Right to Information and the Common Man : A Socio-Legal Study by Anupam Ahluwalia & Manoj Sharma, p.179
[6]
result of peoples’ surrender of their rights, privileges and powers with
the objectives of creating an institutional mechanism for their protection,
promotion of liberty, providing effective, responsible and people-
oriented administration, delivery of essential public services to its citizen
and establishing law and order6.
India, after its independence on 15th August, 1947, has adopted
democratic form of government. The major role of the State is and has
always been `governance’. Globalisation, for more than last two
decades, has been changing the role of State. The traditional role of
the State as a protector, regulator and promoter of the interests of the
disadvantaged has been based on the premise that the government is
solely responsible for formulating and implementing policy decisions.
Public Administration, through which the goals and objectives of the
State are accomplished, is a major constituent of the State. It has
been realised that the public administration or bureaucracy is
inaccessible and indifferent to common citizens, and is more bothered
about adherence to procedures, rules and regulations. There has been
excessive reliance on bureaucratic forms of organizations, hierarchy,
adherence to rules and regulations, notions of permanence and
neutrality, and citizens have been treated as passive recipients. But the
changing role of State emphasizes on greater participation by the
citizens in the affairs of the government in order to strengthen the
quality, effectiveness of policy-making, its outcome with a focus on
performance measurement, efficiency, economy and value for money.
Accordingly, the structure of governance and its systems needs major
6 State, Society and Public Administration published by Indira Gandhi National Open University, 2005, pp 20.
[7]
revamping towards openness, transparency, socio-economic
development, social welfare, responsiveness and citizen’s satisfaction7.
Consequently, several concepts have emerged in the discipline of
Public Administration to fulfill the changing demands of State. One of
these emerging concepts is the concept of “Good-governance” having
four main dimensions: (a) Public Sector Management, (b)
Accountability, (c) Legal Framework for Development; and (d)
Transparency and Information Accessibility. Good Governance is a
broad strategy to make government more open, responsive,
accountable, democratic, as well as strengthen institutions of civil
society and regulate private sector. It is a combination of efficiency
concerns of public management and accountability concerns of
governance. It relates to the quality of governance through attributes
such as participation, empowerment, accountability, equity and justice,
providing avenues to the citizens, especially the poor and the
marginalized to articulate their interests, exercise their rights, and
improve their living standards8.
Right to Information Act provides an effective tool towards
awareness of public policies, openness in government records and
transparency in official transaction which ultimately lead to good
governance, responsible governance, citizen-oriented governance and
peoples’ empowerment. Empowerment further leads into citizens’
more and effective participation in governance and ultimately plays a
significant role in nation building be it in social perspectives, economic
point of view, intellectual development, moral values, administrative
development or direct contribution towards public administration. The 7 State, Society and Public Administration published by Indira Gandhi National Open University, 2005, pp 239-42. 8 State, Society and Public Administration published by Indira Gandhi National Open University, 2005, pp 239-242.
[8]
effective use and application of the provisions of the Right to
Information Act by the masses not only enable them to get their
grievances redressed by fixing responsibilities upon errant officials but
also creates an element of fear among the errant officials and compels
them to carry out their official transactions transparently as per rules.
Enactment of suitable legislation is one step but its effective
implementation as well as its optimum awareness among the public are
another vital factors required to achieve the objectives of legislation.
Therefore, an analytical study on both these aspects of Right to
Information Act is important and necessary in the discipline of Public
Administration or its mother subject Political Science.
[9]
CHAPTER – TWO
OBJECTIVES OF RESEARCH
[10]
CHAPTER – TWO
OBJECTIVES OF RESEARCH
Before proceedings further, it is important to know what social
research is and what are its objectives? According to Smt. P.V.
Young, “Social research may be defined as a scientific undertaking,
which by means of logical and systematized method, aims to discover
new facts or verify and test old facts, analyze their sequence, inter-
relationships, casual explanation and the natural laws which govern
them9.
C.A. Moser says, “Systematized investigation to gain new
knowledge about social phenomena and problems, we call social
research.10
G.M. Fisher writes, “Social research is the application of exact
procedures to a social situation for the purpose of solving a problem or
testing a hypothesis or discovering a new phenomena or new relations
among phenomenon.11
According to Redman and Mary "research is a systematized
effort to gain new knowledge."12
According to D. Sleshinger and M. Stemson, “research is a
manipulation of things, concepts or symbols for the purpose of
generalizing to extend, correct or verify knowledge, whether that
knowledge aids in construction of theory or in the practice of an art.”13
9 Young PV, “Scientific Social Surveys and Research”, Asia Publishing House, Bombay,1960 p.44 10 A Moser, “Survey Methods in Social Investigation”, Heinemann, London,1961 p.3 11 G.M. Fisher, “Fairchild’s dictionary of Sociology” 12 Wikipedia encyclopedia 13 Wikipedia encyclopedia
[11]
Mary Stevenson defined social research as a systematic
methods of exploring, analyzing and conceptualizing social life in order
to extend ,correct or verify knowledge, whether that knowledge aid in
the construction of a theory or in the practice of an art.14
Social research is a scientific method of studying and analyzing of
social phenomenon, social problems and their causes, their
interrelations with the aim of discovering new facts or verifying and
testing old facts. It is a scientific undertaking which by means of logical
and systematized techniques, aims to discover new facts, verify and
test old facts, analyze their sequence, interrelationship and casual
explanation which were derived within an appropriate theoretical frame
of reference, develop new scientific tools, concepts and theories which
would facilities reliable and valid study of human behavior. It is a
scientific approach to add knowledge about society and social
phenomenon. In order to knowledge being meaningful, there should be
a definite purpose or objectives of social research. These objectives
are broadly classified into two categories:-
First – Theoretical or Intellectual, and
Second - Applied or Utilitarian
Theoretical or Intellectual Objectives of Social Research:-
Theoretical objectives of social research are those objectives
which enriches the theory of discipline. These emphasize on
improvement of knowledge, removal of ignorance, formulation of new
concepts and verifying the old concepts of the discipline, however these
do not have any practical utility. Some of these objectives are as
follows:- 14 Wikipedia encyclopedia
[12]
(1) The first theoretical objective of social research is to
discover new facts or to verify and test old facts regarding
social life, social phenomenon, social facts and social
problems.
(2) The second theoretical objective of social research is to
discover functional relationship and cause-effect relationship
amongst various social phenomenon and social situations
because it is believed that every social phenomenon or fact
has some function within the social structure.
(3) Third theoretical objective is to discover those principles or
laws which controls or governs the social occurrences and
situations because it is now accepted that social
occurrences are neither autonomous nor occurs suddenly
but these are controlled and governed by some specific
principles and rules.
(4) Fourth theoretical objective is to construct new scientific
concepts regarding social life, social phenomenon, social
facts and social problems.
Applied Objectives of Social Research:-
Applied objectives of social research are those objectives which
focus on its practical use. They have utilitarian value in our social life.
A researcher not only formulates theory while carrying out social
research but also suggests recommendations and measures to improve
the social life. These objectives are known as applied or utilitarian
objectives of social research. Some of these objectives are as follows:-
(1) The knowledge gained from social research not only
enables leaders, administrators, social worker resolving
[13]
complex social problems but also make their solution simple
and implementable.
(2) The knowledge gained from social research reduces social
tension, social defragmentation and promotes social
bonding. It strikes down those social myths which cause
social defragmentation.
(3) The knowledge gained from social research helps in
effective and feasible plans and in exercising social control.
(4) To discover alternative solutions to various social problems.
(5) To find out scientific solutions to various social problems.
However, it must be kept in mind that social researcher does not
play any role in giving practical shape to his knowledge nor he
personally uses his knowledge to resolve social problems or do social
planning. His role is restricted merely upto providing knowledge and
remaining part is left to politicians, leaders, administrators and social
workers. The role and objectives of social research are only to provide
knowledge, widen the horizons and re-examination of previous
knowledge.
Smt. P.V. Young15 writes, “The primary object of any social
research, whether immediate or long-term, is to understand social life
and thereby exercise more control over it.” She16 further writes, “The
social researcher does not have any relation to the social problems or
with their planning or their solutions or social reforms.
15 Young PV, “Scientific Social Surveys and Research”, Asia Publishing House, Bombay,1960 p.44 16 Young PV, “Scientific Social Surveys and Research”, Asia Publishing House, Bombay,1960 p.75
[14]
Ragin Charles17 has enumerated following fundamental
objectives of social research:-
(a) Identifying general patterns and relationships
(b) Testing and refining theories
(c) Making predictions
(d) Interpreting culturally or historically significant phenomena
(e) Exploring diversity that surround us
(f) Giving voice to social concerns
(g) Advancing new theories
(h) Build awareness of the project among a defined audience
(i) Secure the commitment of a defined group of stakeholders
to the project aims
(j) Influence specific policies or policymakers on key aspects
(k) Encourage participation among researchers or partner
bodies
(l) Development of knowledge
(m) Welfare of humanity
(n) Classification of facts
(o) Social control
17 Ragin Charles, “Constructing Social Research: The Unity and Diversity of Method”, Northwestern University, Pine Forge, Thousand Oaks, 1994, pp. 31-54.
[15]
(p) Study of human behavior
(q) Improvement in the methods and techniques
(r) Study of casual relationship between various human
activities
The present research is carried out with applied objectives. The
objectives of the present research are to study the use and
implementation of Right to Information in Gwalior City with focus on the
following objectives:-
(1) To study the awareness amongst public about Right to
Information Act on the following basis:-
(a) On educational basis.
(b) On the basis of social status.
(c) On the basis of different age groups.
(d) On the basis of sex.
(e) On the basis of Caste.
(f) On economic basis.
(g) On basis of employment
(2) To study the implementation of Right to Information Act in
the selected ten offices/institutions on following parameters:-
(a) Whether all obligations imposed upon the Central
Government/State Government/Local Bodies under
the Right to Information Act like necessary
organizational set up, designation of Public
Information Officers, human resources, infrastructure
etc have been complied in these offices or not. If
complied, what is the extent of compliance? If not
[16]
complied, find out the reasons for their non-
compliance of these statutory obligations? In case of
non-compliance, suggest the measures for
compliance of these statutory obligations.
(b) Whether all records have been maintained (duly
catalogued and indexed) in these offices and data has
been computerized and connected through a network
all over the country in these offices as required under
Section 4 (1) (a) of R.T.I. Act. If maintained, find out
the level upto which these records have been
maintained. If not maintained, find out the reasons
for their non-compliance and suggests the remedial
measures/steps.
(c) Whether 17 points proactive disclosure as required
under Section 4 (1)(b) of R.T.I. Act had been done in
these offices within 120 days from the enactment of
this Act and thereafter being updated every year. If
not published, find out the reasons for the
non-compliance and suggests the remedial
measures/steps.
(d) Whether these 17 points proactive disclosure has
been provided suo motu to the public at regular
intervals through various means of communication
including internet as required under section 4(2) of the
R.T.I. Act in these offices. If not, find out the reasons
for the non-compliance and suggests the remedial
measures/steps.
[17]
(e) In which form, manner and language, this 17 points
disclosure has been disseminated to the public and
whether these form, manner and language of
dissemination of information is accessible and
comprehensible to the public and thus fulfills the
objectives of this Act. In case this volunteer
disclosure does not fulfill the objectives of this Act, find
out and suggest the remedial measures.
(f) Whether Central Public Information Officers/State
Public Information Officers in these offices/institutions
are responding to R.T.I. applications according to
provisions and spirit of R.T.I. Act.
(g) Whether regular updates on decisions/orders/
judgments of Central Information Commission and
State Information Commission are being provided to
these offices by their respective organizations. If not,
whether lack of updates about decisions/orders is
affecting the effectiveness of these offices/institutions
in discharge of their functions under the R.T.I. Act?
(h) Whether fee as prescribed in R.T.I. Act provides
sufficient financial resources for its implementation or
its implementation is a financial burden on exchequer.
(i) Whether officials designated and staff deployed under
R.T.I. Act to respond R.T.I. applications are given
adequate training towards its implementation or not.
If not, suggest the type of training which may improve
effective implementation of R.T.I. Act.
[18]
(3) To find out the obstacles and hurdles in effective
implementation of R.T.I. Act 2005 and suggest the remedial
measures for their removal.
(4) To create social awareness amongst the people and
thereby making them empowered with the Right to
Information.
[19]
CHAPTER – THREE
HISTORICAL PERSPECTIVE
[20]
CHAPTER – THREE
HISTORICAL PERSPECTIVE
3.1 INTERNATIONAL BACKGROUND TO RIGHT TO INFORMATION
Citizen’s right for access to information held by government and
public authority has, since last few decades, been voiced as an
important human right globally. There has been a consistent demand in
the countries across the world for transforming secretive administrative
systems to open and transparent systems. There is an exciting global
demand of recognition of Right to Information by nations, their
intergovernmental organizations and the people. United Nations, the
Commonwealth, the Organization of American States and the Council
of Europe and other global organizations have been advocating for
making Right to Information as a universal human right and for creating
mechanism for its implementation and protection.
The transformation from non-transparency to transparency and
public accountability has been seen as basic responsibility of the States
and Right to information as the key to strengthening participatory
democracy and ushering in people centered governance. It is
worldwide belief that access to information can not only empower the
poor and the weaker sections of society but also lead to their welfare.
Right to information is being advocated as a synonym for good
governance. Without good governance, no amount of developmental
schemes can bring improvement in the quality of life of the citizens.
Good governance is considered to have four basic elements-
transparency, accountability, predictability and participation.
[21]
Transparency refers to availability of information to the general
public and clarity about functioning of governmental institutions. Right to
information opens up government’s records to public scrutiny, thereby
arming citizens with a vital tool to inform them about what the
government does and how effectively, thus making the government
more accountable.
Transparency in government organizations makes them
functioning more objectively thereby enhancing predictability.
Information about functioning of government also enables citizens to
participate in the governance process effectively. Thus, right to
information, in its fundamental sense, is a basic necessity of good
governance.
All this indicates an international recognition to the Right to
Information. Numerous laws giving effect to this right have been
enacted by nations in all regions of the world. Many intergovernmental
organizations and professional organizations now have in place
information disclosure systems which are reviewed and updated on a
regular basis.
Sweden is the first country in the world which has enacted laws
promoting transparency laws in public affairs. On 02 Dec 1776, the
increasing criticism of prevailing governmental secrecy in Sweden led to
the adoption of the Freedom of the Press Act. This Act inter alia
permitted citizens to obtain copy of documents pertaining to Parliament
and Civil Services. Unlawful refusal to supply requested document
could even lead to dismissal of concerned official from his post.
Thereafter, `Right to know’ was enacted in the Sweden in 1810, which
was further replaced in 1949 by a new Act that enjoyed the sanctity of
being a part of the country’s Constitution itself. Now every Swedish
[22]
citizen has access to virtually all documents kept by the State or
municipal agencies.
In 1789, the France has declared its “French Declaration of the
Rights of Man” which called for access to information about the budget
to be made freely available. According to it:
“All the citizens have a right to decide, either personally or
by their representatives, as to the necessity of the public
contribution; to grant this freely; to know to what uses it is
put”.
In the United States too, Patrick Henry one of the founding fathers
of the United States of America protested against the secrecy of the
Constitutional Congress, saying “The liberties of a people never were,
nor ever will be, secure, when the transactions of their rulers may be
concealed from them.”
The `right to know’ gained prominence after the Second World
War. The United Nations General Assembly had proclaimed in its 65th
plenary meeting of 14th December 1946, that freedom of information is
a fundamental human right and the cornerstone for all other freedoms
recognised by the United Nations. It is on this basis that international
and regional human rights conventions, declarations and reports have
incorporated this right. In March 1948, the United Nations convened a
Conference in Geneva on the subject matter of “freedom of
information”, that was attended by 54 countries which ultimately led the
General Assembly of United Nations to declare the freedom of
information a fundamental human right. On 10 Dec 1948, a declaration
was made which is named as “Universal Declaration of Human Rights
(UHDR). Article-19 of the Universal Declaration of Human Rights
[23]
(UHDR), 1948 declares that “everyone has the right to freedom of
opinion and expression; this right includes freedom to hold opinion
without interference, and to seek, receive and impart information and
ideas through any areas and regardless of frontiers.” A similar
enunciations is to be found in the declaration made by the European
Convention of Human Rights (1950), Article 10 of that declaration
guarantees, inter-alia, “not only the freedom of press to inform the
public but also the right of the public to be informed.” It was further
followed by the International Covenant on Civil and Political Rights
(ratified in 1978).
According to Article-19 of the Universal Declaration of Human
Rights, freedom of information is the key that can unlock access to
many other rights. The Human Rights Organization, with a specific
mandate and focus on the protection and promotion of freedom of
expression and freedom of information worldwide, has drafted the
following nine principles that should underpin any legislation on freedom
of information:-
(1) Maximum disclosure
(2) Obligation to publish
(3) Promotion of open government
(4) Limited scope of exceptions
(5) Rapid and fair processing of requests
(6) No excessive costs for requests
(7) Open meetings for public bodies
(8) Repealing of inconsistent laws contrary to maximum
disclosure and
(9) The protection of whistleblowers.
[24]
Article-19 of the Universal Declaration of Human Rights has been
drafted into a legally binding treaty, which implies that it is binding on all
consenting states (India inclusive) as a matter of customary
international law. This provision virtually demolishes the walls of
secrecy by promoting openness in imparting of information. It further
provides fertile ground where divergent opinions can emerge because
diversity is a necessary ingredient for social development.
Global Campaign for Free Expression has also advocated for the
right to information and categorically mentioned that the right to
information does not exist in isolation. The right to information can be
understood as a member of a larger group of civil and political rights – a
component part of the fundamental right to freedom of expression,
which requires governments to refrain from interfering with the free flow
of information and ideas in order to promote democracy and human
rights.
The International Covenant on Civil and Political Rights (ICCPR),
which India has also ratified, also provides a corresponding provision in
its Article 19. Article 19 (2) states:
Everyone shall have the right to freedom of expression; this
right shall include freedom to seek, receive and impart
information and ideas of all kinds, regardless of frontiers,
either orally, in writing or in print, in the form of art, or
through any other media of his choice.
Article 19 (3) of ICCPR states that exercise of these rights carries
special duties and responsibilities with it. It may therefore be subject to
certain restrictions, but these shall only be such as are provided by law
and are necessary for respect of the rights or reputations of others or
[25]
the protection of national security, public order or public health or
morals.
The ICCPR therefore expands the provisions of the Universal
Declaration on Human Rights by recognizing the lawful restrictions that
may be imposed on the exercise of this right. These restrictions,
however, must be lawful and necessary for “the protection of national
security or public order, or of public health or morals”. In 2002, the
Council of Europe, a Treaty-based body of 46 countries, has also
approved a recommendation that its member states should facilitate
access to information. This recommendation sets out detailed
principles for governments of member states to adopt a national law on
access to information based on the principle that everyone should have
access to official documents held by public authorities. These include
procedures on access, possible exemptions, and appeals.
According to Article 4 of the American Declaration, “Every person
has the right to freedom of investigation, of opinion, and of the
expression and dissemination of ideas, by any medium whatsoever.”
Additionally, international law like “Article 16 of the International
Covenant on Economic, Social and Cultural Rights (ICESCR)” also
secures and advocates the right to access public information as it
relates to the realization of social, economic and cultural rights.
According to Article 16 of ICESCR, “the right to access periodic
governmental information on progress related to economic, social and
cultural rights in order to facilitate public examination of policies and
stimulate participation among diverse sectors of society is to be secured
by all nations of the world”.
Subsequently, several countries have enacted comprehensive
laws to facilitate access to public records and right to information.
[26]
United States of America enacted its Access to Information Act in 1967.
Other countries with access laws include: Canada (Access to
Information Act 1983), Australia (Freedom of Information Act 1982),
Jamaica (Freedom of Information Ordinance 2002), United Kingdom
(Freedom of Information Act 2000), South Africa (Promotion of Access
to Information Act 2002), Uganda (Access to Information Act 2005) and
Trinidad and Tobago (Freedom of Information Act 1999).
As a party to the International Covenant on Civil and Political
Rights (ICCPR), India was thus also under an international obligation to
effectively guarantee the Right to Information as per Article-19 of the
ICCPR.
3.2 CONSTITUTIONAL BACKGROUND OF RIGHT TO INFORMATION IN INDIA
Apart from international obligation, Indian Constitution also carries
this right indirectly. The founding fathers of the Constitution have
included the provisions of the right to expression in part three of the
Constitution in the form of fundamental rights for the transparent
functioning of the democratic political system. The Indian Constitution
has an impressive array of basic and inalienable rights known as
Fundamental Rights and contained in Chapter Three of the
Constitution. These fundamental rights include the Right to Equal
Protection of the Laws and the Right to Equality Before the Law (Article
14), the Right to Freedom of Speech and Expression {Article 19 (1)(a)}
and the Right to Life and Personal Liberty (Article 21). The Right to
Constitutional Remedies in Article 32 backs these fundamental rights
that is, the Right to approach the Supreme Court in case of infringement
of any of these rights. These rights have been interpreted dynamically
by the Supreme Court over the years.
[27]
The development of the right to information as a part of the
Constitutional Law of the country started with petitions of the press to
the Supreme Court for enforcement of certain logistical implications of
the right to freedom of speech and expression. The court has
recognized the right to access information from government
departments is fundamental to democracy.
Therefore, Justice K. K. Mathew of Supreme Court of India said
that ‘in a government.... where all the agents of the public must be
responsible for their conduct, there can be but few secrets. The
people.... have a right to know every public act, everything that is done
in a public way, by their public functionaries.... The responsibility of
officials to explain or to justify their acts is the chief safeguard against
oppression and corruption’18.
The formal recognition of a legal Right to Information in India
occurred was given by the Supreme Court of India in “State of U.P. v
Rajnarain, AIR 1975 SC 865”, wherein the Supreme Court has ruled
that the Right to Information is implicit in the right to freedom of speech
and expression explicitly guaranteed in Article 19 of the Indian
Constitution.
Subsequently, the Court has affirmed this decision in numerous
cases like Association for Democratic Reforms v. Union of India,
2002(5) SCC 294 and People Union of Civil Liberties v. Union of India,
2003(4) SCC 399, and has even linked the Right to Information with the
right to life enshrined in Article 21 of the Constitution. The Supreme
Court of India emphasized importance of freedom of information and
described it as a fundamental right under the facet of “freedom of
speech and expression” as contained in Article Article-14, 19(1)(a) and
18 State of U.P. v Rajnarain, AIR 1975 SC 865
[28]
Article-21 of the Constitution. But like all rights, right to information, is
not at all times and always an absolute right. Being a penumbral right
to freedom of speech, right to information is subject to States
reasonable restriction on exercise of such right. Interests of
sovereignty, integrity, security of India, foreign relations, public order,
decency or morality are some of the factors which might encumber
exercise of right to information.
3.3 CAMPAIGN BY MKSS IN RAJASTHAN FOR PUBLIC DOCUMENTS
The Right to Information campaign in India began in a very
backward region of Rajasthan by a mass based organization called
Mazdoor Kisan Shakti Sangathan (MKSS). MKSS carried out a
movement in Bhim Tehsil of Rajasthan State to bring transparency in
village accounts through the demand for minimum wages in rural India.
MKSS took an initiative to lead the people for asking copies of bills and
vouchers and names of persons who have been paid wages for
construction of schools, dispensaries, small dams and community
centers. On the papers, many such development projects were
completed and so many persons were paid wages in muster rolls, but in
reality neither such development projects were completed nor persons
shown in muster rolls were paid. There was gross misappropriation of
funds with roofless school buildings, dispensaries without walls, dams
left incomplete and community centers having no doors and windows.
False entries in muster rolls were a sign of rampant corruption in the
system, which prompted MKSS to demand official information recorded
in government files. The movement soon spread across India. From
very modest beginning in the villages of Rajasthan, the success of
MKSS has been a source of inspiration for activists in India and
[29]
throughout the world. It led to the genesis of a broader discourse on the
Right to Information in India19.
After years of knocking at officials’ doors and despite the usual
apathy of the State Government, MKSS succeeded in getting
photocopies of certain relevant documents. Misappropriation of funds
was obvious to be seen. In some cases, the muster rolls contained
names of persons who either did not exist at all or died years before.
This incident is more than sufficient to show the importance of the ability
of information for eradicating malpractices. With so many scandals
emerging time to time, it became vital for the management of public
fund and survival of democracy. MKSS organized a Jan Sunwai
(People’s hearing), the first ever in the history of Rajasthan. Politicians,
administrators, landless labourers’, private contractors were all invited
to listen, respond and, if willing, to defend themselves. Popular
response was phenomenal, but village’s officials and politicians stayed
away and remained silent, and thereby weakened their position and
darkened their image20.
Response to the public hearings organized by MKSS evoked
widespread hope among the underprivileged people locally, as well as
among progressive elements within and outside government. This
grassroots movement is fast spread in other areas of Rajasthan and to
other States establishing firmly that information is power and people
should have the right to official information. In October 1995, the Lal
Bahadur Shastri National Academy of Administration, Mussoorie, which
is responsible for training all senior civil service recruits, took the
19 Short Commentary on “The Right to Information Act, 2005”, India Law House, 2010, pp. 2 & 15 20 Id., op. cit., p.15
[30]
unusual step of organizing a national workshop of officials and activist
to focus attention on the Right to Information.21
Meanwhile, responding to the public opinion that formulated
around the issue, the Chief Minister of Rajasthan on 05th April 1995,
announced in the state legislature that his government would be the first
in the country to confer every citizen the right to obtain for a free
photocopies of all official documents related to local development
works22.
Exactly one year after Chief Minister’s assurance coinciding with
an election campaign shrill in its hypocrisy regarding corruption, the
MKSS decided to launch a Dharna (sit in agitation) at a small town
Beawar. The State Government responded by issuing an order on the
first day of the Dharna, allowing citizens the right to inspect such
documents for a fee, but not to obtain certified copies or photocopies.
The MKSS rejected this order as tooth-less and diversionary, because
in the absence of a legally valid copy, no action such as filing an F.I.R.
in police station can be undertaken by a citizen who detects
corruption23.
The Dharna continued continuously with growing manifest public
support, without any resolution. Behind the scenes, intermediaries and
sympathizers including some from within government attempted to re-
establish dialogue between the activists and government and reach a
compromise.24 However, no assurance from government was
forthcoming. Therefore after completion of polling on 2nd May 1996, the
Dharna also spread also to state capital of Jaipur in addition to Beawar
21 Short Commentary on “The Right to Information Act, 2005”, India Law House, 2010, p.16 22 Id., op. cit., p.16 23 Id., op. cit., p.16 24 Short Commentary on “The Right to Information Act, 2005”, India Law House, 2010, p.17
[31]
town. In an unprecented gesture, around 70 people’s organizations and
several respected citizens came forward to extend support to the MKSS
demand. The mainstream press was also openly sympathetic25.
Ultimately, the Rajasthan State Government on 14 May 1996 has
established a committee to work out the modalities within two months of
making available photo-copies of documents relating to local
development works.26
The MKSS and other people’s organizations called off the
Dharna. However, the State government did not do anything significant
to make good its promise. Therefore, the MKSS in May 1997 began
another Dharna in the Jaipur close to the State Secretariat. At the end
of 52 days of the Dharna, the Deputy Chief Minister issued order
notifying the right to receive photo-copies of documents related to
Panchayat or village local government institutions27.
3.4 EFFORTS FOR ENACTMENT OF NATIONAL LEGISLATION
In 1990, for the first time among the politicians of India, the then
Prime Minister Mr. V.P. Singh headed by National Front Government
stressed on the importance of Right to Information Act as a legislated
right. However, due to lack of political support and will the right to
information Act was not materialized during V.P. Singh period.
In response to the pressure from the grassroots movements,
national and international organizations, a draft RTI law was proposed
in 1993 by the Consumer Education and Research Council,
Ahmedabad (CERC). In 1996, the Press Council of India headed by
Justice P.B. Sawant presented a draft model law on the Right to
25 Id., op. cit., p.17 26 Id., op. cit., pp.17-18 27 Id., op. cit., p.18
[32]
Information to the Government of India. The draft model law was later
updated and renamed the PCI-NIRD Freedom of Information Bill, 1997.
Unfortunately, none of the draft laws were seriously considered by the
Government.
Meanwhile, MKSS's advocacy gave rise to the National Campaign
on People's Right to Information (NCPRI), which was constituted in
1996 at New Delhi, to advocate for the Right to Information at the
national level. Its founding members included social activists,
journalists, lawyers, professionals, retired civil servants and academics,
and one of its primary objectives was to campaign for a national law
facilitating the exercise of the fundamental right to information. NCPRI
aims to provide active support to grassroots struggles for the Right to
Information and to lobby government to enact and implement effective
access to information legislation.
The international organizations like Common Wealth Human
Rights Initiative (CHRI) strongly advocated that the Right to Information
(RTI) is fundamental right for effective democracy, which requires
informed participation by all. CHRI educated the public about the value
of RTI and advocated at policy level for guaranteed access to
information. The contribution of CHRI for the enactment of the national
Right to Information Act in India was through providing aid to
discussions, analysis of the Freedom of Information of Act and
recommendations to the National Advisory Council, to all the Cabinet
Ministers and members of the Parliament.
Inspired and encouraged by the exercises taken up by the Press
Council of India, Working Group and the Central Government, the State
Governments also yielded under popular pressure and started
preparing draft legislation on Right to Information. Tamilnadu was the
[33]
first State to set an example by introducing the Right to Information Act
on 17 April 1996. Chief Minister, M. Karunanidhi lost no time in
introducing the legislation to ensure access to information about
government administration. The Bill was modeled on a draft legislation
recommended by the Press Council of India. However, this enacted
legislation was full of exemptions and inadequacies, so it has failed to
evoke much response from the public and devoted NGOs and other
concerned activists28. Other States which introduced the Right to
Information Act are - Goa in 1997, Rajasthan in 2000, Karnataka in
2000, Delhi in 2001, Assam in 2002, Maharashtra in 2003, Madhya
Pradesh in 2003 and Jammu Kashmir in 2003.
Among all these Acts, Maharashtra Right to Information Act was
considered as the model act in promoting Transparency, Accountability
and Responsiveness in all the Institutes of the State as well as the
private organizations, which are getting financial support from the
Government. Tamil Nadu Act was considered as the most innovative
one in how to refuse the information to the seekers. Due to lack of
awareness about the Right to Information Act among the grassroots
level people, lack of institutional arrangements for the implementation
and lot of exemptions in the Right to Information Acts of some States
led to non-achievement of the objectives. Despite, all these lacunas in
the Act, still the State level Right to Information Acts provided the
culture of transparency, accountability, Responsiveness, Social Audit,
awareness among the people.
In 1997 efforts were quickened at the National level to legislate for
the Right to Information. On 24 May 1997, a conference of Chief
Ministers was held in New Delhi on “Effective and Responsive
Government”. This conference recognized the need to enact law on
right to information. Consequently, the Government of India has
28 Short Commentary on “The Right to Information Act, 2005”, India Law House, 2010, p.21
[34]
appointed a working group, under the chairmanship of Mr. H.D.
Shourie, to examine feasibility and need to Right to Information Act to
meet ends of open and responsible Governance in accordance with
Article 14, 19, 21 of the Constitution and Article 19 of UDHR. The
Shourie Committee was given the mandate to prepare draft legislation
on freedom of information. The Shourie Committee's Report and draft
law were published in 1997 but the draft law was criticized for not
adopting a high enough standard of disclosure.
The Shourie Committee draft law was passed through two
successive governments, but was never introduced in Parliament. In
1998, despite the Prime Minister Mr. Atal Bihari Vajpayee’s
announcement to enact a law on Right to Information soon, nothing
fruitful was done towards it. In 1999 Mr. Ram Jethmalani, then Union
Minister for Urban Development, issued an administrative order
enabling citizens to inspect and receive photocopies of files in his
Ministry. Disappointingly, the Cabinet Secretary did not permit this order
to come into effect.
The Shourie Committee draft law was reworked into the Freedom
of Information Bill, 2000, an even less satisfactory Bill than the Shourie
Committee's, and thereafter sent to the Parliamentary Standing
Committee on Home Affairs, which consulted with civil society groups
before submitting its Report in July 2001. The Committee
recommended that the Government should address the flaws in the
draft Bill pointed out by civil society. Unfortunately, the Government did
not implement that recommendation.
This national Freedom of Information Bill, 2000 was introduced in
Parliament in 2002. It was passed in December 2002 and received
Presidential asset on 06 January 2003, as the Freedom of Information
[35]
(FOI) Act, 2002. Unfortunately, a date for the Bill coming into force was
never notified for various reasons, such that it never actually came into
operation.
Government of India decided to make number of changes in the
Law, inter alia to include establishment of an appellate machinery with
investigating powers to review decisions of Public Information Officers,
penal provisions for failure to provide information, provisions to ensure
maximum disclosure and minimum exemptions, consistent with
constitutional provisions and effective mechanism for access to
information.
3.5 ENACTMENT OF RIGHT TO INFORMATION ACT 2005
In May 2004, a new UPA Government came into power at the
Centre. The national campaign for Right to Information received a major
boost when the UPA Government's Common Minimum Programme
promised that: "The Right to Information Act will be made more
progressive, participatory and meaningful". The National Advisory
Council (NAC), under the chairmanship of Mrs. Sonia Gandhi, was set
up to oversee implementation of the Government's Common Minimum
Programme. In the National Advisory Council some of the activists like
Aruna Roy, Jean Drez who are associating with the National Campaign
for Peoples’ Right to Information Act (NCPRI) consistently put the
pressure on the UPA Government to pass the bill and to enact a law.
The NAC has taken a close interest in RTI since its inception. In
its first meeting on 17 July 2004, a statement from the NCPRI’s Right to
Information was submitted to the members of the NAC. To aid
discussions, CHRI submitted an analysis of the FOI Act 2002 to
discussion on enactment of Right to Information Act. It was
[36]
recommended in NAC meeting that civil society should submit a paper
recommending amendments to the FOI Act 2002.
On 31 July 2004 in the second meeting of NAC, draft NCPRI’s
recommendations for re-amending the FOI Act, 2002 were submitted.
The NAC considered the draft NCPRI recommendations and released
these recommendations for public opinion. Meanwhile, the Supreme
Court on 20 July 2004 passed an order while hearing public interest
litigation which had been pursued by Advocate Prashant Bhushan on
behalf of the NCPRI and Centre for Public Interest Litigation since 2002.
In this order the Supreme Court has passed direction to the Central
Government to notify an effective FOI Act, 2002 immediately. The
Supreme Court's Order set a deadline of 15 September, 2004 for the
Central Government to advise when the Act will be notified and if not,
when interim Administrative Guidelines would be issued.
On 14 August 2004 in the third meeting of NAC, the NAC agreed
on final recommendations regarding amending the FOI Act, 2002. The
final version endorsed by the NAC was sent by its Chairperson, Mrs.
Sonia Gandhi, to the Prime Minister's Office. Subsequently,
government Press Release dated 18 September 2004 stated that:
"The government will introduce in the Winter Session of
Parliament a bill to seek amendments to the Right to Information
Act, based on suggestions put forth by the NAC."
Accordingly, the Right to Information Bill, 2004 (RTI Bill, 2004)
was tabled on 23 December 2004 during the winter session of the Lok
Sabha. This RTI Bill, 2004 was based largely on recommendations
submitted to the Government by the NAC (which were based on the
NCPRI's original draft Bill). The RTI Bill, 2004 was referred by
[37]
Parliament to the Department Related Standing Committee on
Personnel, Public Grievances, Law and Justice for consideration. CHRI
submitted its recommendations to the Parliamentary Standing
Committee on the RTI Bill, 2004 prior to giving evidence before the
Committee on 14 and 16 February, 2005. A range of civil society
activists also gave evidence before the Committee. CHRI made a
supplementary submission before the Committee 21 February 2005.
The Report of the Committee (including a proposed amended version of
the RTI Bill) was tabled in the Lok Sabha on 21 March 2005.
On 10 May 2005, the RTI Amendment Bill, 2005 (which actioned
many of the recommendations of the Parliamentary Standing
Committee) was tabled in the Lok Sabha. The Bill was passed by the
Lok Sabha on 11 May 2005 and by the Rajya Sabha on 12 May 2005.
On 15 June, 2005, President APJ Abdul Kalam gave his assent to the
national Right to Information Act, 2005. With presidential assent, the
Central Government and State Governments had 120 days to
implement the provisions of the Bill in its entirety. The Act formally came
into force on 12 October, 2005. The Act covers all Central Government,
State Government and local bodies, as well as some private bodies.
3.6 POST ENACTMENT SCENARIO
Retired IAS officer from Jammu and Kashmir, Mr. Wajahat
Habibullah appointed as the Chief Central Information Commissioner by
the Central Government under the RTI Act. With his appointment, the
Government has set in motion the process of setting up a Commission,
a mandatory provision under the RTI Act, 2005. The Government has
also appointed four Central Information Commissioners – Mr. A N
Tiwari, Mr. O P Kejriwal, Mr. M M Ansari and Ms. Padma
Balasubhramanian.
[38]
The Government of India has amended the Central Civil Service
(Conduct) Rules, 1964 to bring them in line with the provisions of the
RTI Act and issued a notification on 18 October 2005 which states,
“Officers will now communicate information in accordance with the RTI
Act and its attendant Rules.”
The R.T.I. activists equipped with the legislation brought out a
number of scandals of Central Government. Feared with the power of
Right to Information 2005, the Central Government approved Right to
Information (Amendment) Bill, 2006 making a number of amendments
that would narrow the scope of the Right to Information Act 2005 and in
particular would make file notings exempt from the law. There were
widespread national protests against the proposed amendments. Right
to Information activists and civil society groups formed the 'Campaign to
save the RTI Act' opposing Right to Information (Amendment) Bill,
2006. CHRI has submitted a critique of the amendments to the Prime
Minister, the Cabinet, several key members of the Government, MPs,
the Information Commissioners and civil society partners on 14 August
2006.
The campaign called for the holding of a civil society referendum
on the proposed Bill as part of their protests. In a separate
development, on 18 August 2006, both the opposition parties and the
Communist parties, which the Government depends on to pass
legislation, declared that they would oppose the draft Bill if it were to be
tabled in parliament. Consequently, the Government has decided not to
bring in the proposed amendments to the Right to Information Act (RTI
Act).
The Second Administrative Reforms Commission under the
chairmanship of Shri Verappa Moily has submitted its first report on the
[39]
implementation of the Right to Information law to Government of India.
The report sets out key recommendations to improve the functioning of
the Act which include repealing the Official Secrets Act 1923 and
incorporating its unauthorized communication of official information as
an offence under the National Security Act; ensuring that at least half
the members of Information Commissions are drawn from non-Civil
Service backgrounds; overhauling public records management with the
introduction of public records offices both at the centre and state levels;
handing responsibility for monitoring the law to the Information
Commissions; and formulating a road-map for effective implementation
in the judiciary and legislature.
In a recent development, the National Informatics Centre (NIC)
has developed an RTI Portal to enable citizens to search for information
published online by various departments in the Central and State
Government. AGNI (Action for Good Governance and Networking in
India) has developed a simple and comprehensive Citizen's Guide on
Using the Right to Information Act, 2005.
The Ministry of Defense has proposed the armed forces should be
excluded from the RTI Act. The Ministry has said the three armed
forces should enjoy the same exemptions as provided to security forces
listed in the 2nd Schedule of the Act. However, the Ministry of
Personnel has responded negatively to requests for the three armed
forces to be exempted.
Central Government will be going to declare YASHADA
(Yashwantrao Chavan Academy of Development Administration) as the
national resource center for the RTI Act. YASHADA will be tasked with
training State Government Officials on the RTI Act under the Training of
Trainers (TOT) program.
[40]
CHAPTER – FOUR
RESEARCH METHODOLOGY
[41]
CHAPTER – FOUR
RESEARCH METHODOLOGY
4.1 RESEARCH DESIGN
Fred N. Kerlinger29 defines scientific research as a systematic,
controlled, empirical and critical investigation of hypothetical
propositions about the presumed relations among natural phenomena.
Further, Berelson and Steiner30 define science as a form of enquiry in
which procedures and public, definitions are precise, data collection is
objective, findings are replicable, the approach is systematic and
cumulative; and the purposes are explanation, understanding, and
prediction. On the basis of this definition, all sciences may be divided
into two categories viz. one, those which closely satisfy this definition
and we call them natural sciences like physics, chemistry, mathematics,
etc; and second, those which do not satisfy this definition strictly and we
call them social sciences like economics, psychology, management,
political science, public administration etc.
Scientific research, though carried out both in the natural sciences
as well as in social sciences, suffers from serious limitations when
carried out in the social sciences because all social sciences deal with
intangible, non-quantifiable, ever changing and complex social
phenomenon; a social scientist’s laboratory is too big to provide him
29 Fred N. Kerlingr, Foundations of Behavioral Research, 2nd Ed.,1983, Surjeet Publications, Delhi, p.11 30 Bernard Berelson & Gary A. Steiner, Human Behaviour; An inventory of Scientific Findings (N.Y. Harcourt, Brace and World, 1964).
[42]
with a grip on all factors; and a social scientist’s research generally
lacks objectivity comparing to that found in natural sciences31.
Scientific research in social sciences can be either pure research
or applied research. When it aims at enriching the theory of
subject/discipline, it is known as pure research; and when it aims at
enriching the application of theory by discovering various new uses to
which the findings of pure research may be put and by showing the
limitations of these findings, it is known as applied research. The
difference between `pure’ and `applied’ research is not as clear-cut in
the social sciences as it is in the natural sciences. In social sciences,
this dichotomy is not so clear because there the research is mostly
done in real surrounding where the phenomenon under test is being
practiced also32.
The present research does not aim at enriching theory either of
Public Administration or its mother subject Political Science. Rather, it
is restricted on two aspects of `Right to Information Act’ viz. (1) its use
and (2) its implementation in the area of research i.e. Gwalior City. The
findings have been suitably generalized. Impedances coming in the
way of its proper use and reasons for improper implementation have
been found and suggestions are given for rectification and
improvement. Thus, the research is an `Applied Research’.
Research is further classified into two categories viz.
Experimental research or Non-experimental Research. Experimental
research is one in which the researcher makes changes in independent
variables and studies their effects on dependent variables under 31 P.C. Tripathi, A Textbook of Research Methodology in Social Sciences, 5th Ed.,2005, Sultan Chand & Sons Educational Publishers, New Delhi, p.4 32 P.C. Tripathi, A Textbook of Research Methodology in Social Sciences, 5th Ed.,2005, Sultan Chand & Sons Educational Publishers, New Delhi, p.5-6
[43]
controlled conditions. Whereas non-experimental research is one in
which the researcher simply measures the present level of the
independent variable33.
Since, there is no independent variable that can be manipulated;
therefore, the research is Non-Experimental Research. Here the
researcher has simply measured the present level of the independent
variable and its effect on dependent variables as they occured naturally.
As a result, data generated by present research work is not helpful in
establishing the cause and effect relationships between variables. It is
useful only in describing certain relationships without showing their
functional interdependence.
Non-experimental research is again divided into two categories
viz. (1) Exploratory Research (2) Descriptive Research. Exploratory
research aims at exploring the possibility of doing research on a certain
subject where due to paucity of existing knowledge, framing and testing
of hypothesis are difficult. On the other hand, Descriptive research
aims at answering the `what’ and `why’ of the current state of some
system. Description and explanation are its two aims34.
The present research work has tried to describe and explain the
various factors relating to use and implementation of `Right to
Information Act’ in Gwalior City. Thus the research is Descriptive
Research. A descriptive research can be static, dynamic or historical in
nature. It is static in nature if it involves a single measurement of the
phenomenon in question. It is dynamic in nature if it goes beyond the
simple measurement of variable and examines the relationship among 33 P.C. Tripathi, A Textbook of Research Methodology in Social Sciences, 5th Ed.,2005, Sultan Chand & Sons Educational Publishers, New Delhi, p.6-7 34 P.C. Tripathi, A Textbook of Research Methodology in Social Sciences, 5th Ed.,2005, Sultan Chand & Sons Educational Publishers, New Delhi, p.8-9
[44]
variables by using either cross-sectional or longitudinal design. A
cross-sectional study is one which collects data about various variables
of the sample at one point of time in order to uncover relationships
existing among those variables.
Conclusively the present research is a Non-experimental Applied
Dynamic Descriptive Research.
4.2 HYPOTHESIS
Hypothesis is an assumption or proposition whose tenability is to
be tested. The first advantage of a hypothesis is that it builds
researcher’s confidence in his result. The researcher who hypothesizes
a relation in advance gives the facts a chance to prove or disprove
anything. Secondly, a sound hypothesis gives direction to the enquiry.
The only possible disadvantage of a hypothesis is that it may bias the
researcher towards a particular position and cause him to lose
objectivity. This need not always be so if the researcher conceives a
hypothesis merely as an assumption which he should consider and not
as position which he should defend. Hypothesis may be of two types:
descriptive and relational. Descriptive hypotheses are those
propositions which tentatively state the existence, size, form or
distribution of some variable, subject to verification by research.
Whereas, relational hypotheses are those propositions which state the
relationship between two variables. In relational hypotheses there
always exist two variables viz. the independent variable and the
dependent variable. The independent variable is that which causes or
leads to an effect on another variable. The variable in which the
change or effect is produced is known as the dependent variable35.
35 P.C. Tripathi, A Textbook of Research Methodology in Social Sciences, 5th Ed.,2005, Sultan Chand & Sons Educational Publishers, New Delhi, p.20-21
[45]
Apart from above two types there is one more type of hypothesis known
as Null Hypothesis. It is a hypothesis of no difference.
The researcher in this present research work has framed following
twelve hypotheses, whose tenability is to be tested.
(1) H1 : Higher education increases R.T.I. awareness.
(2) H2 : High status in society increases R.T.I. awareness.
(3) H3 : Employment increases R.T.I. awareness.
(4) H4 : Age factor does not have considerable effect on R.T.I.
awareness.
(5) H5 : Higher economic position increases R.T.I. awareness.
(6) H6 : Gender (Male/Female) does not have considerable
impact on R.T.I. awareness.
(7) H7 : R.T.I. awareness is more in upper classes than
OBC/SC/ST.
(8) H8 : R.T.I. implementation is higher in Central Government
offices, medium in State Government offices and lower in
local bodies.
(9) H9 : Regular “On Job Training” and “updates to the dealing
staff on latest decisions of C.I.C. and S.I.C.” promote
effective implementation of R.T.I. Act.
(10) H10 : Public Information Officers prefers to deny disclosure
of information and try to delay it as far as possible.
[46]
(11) H11 : Effective implementation of R.T.I. Act can be effective
tool to fight with corruption.
(12) H12 : There is scope for strengthening R.T.I. Act to achieve
its objectives enshrined in its Preamble.
Amongst the above twelve hypotheses, hypotheses No. 8, 10 and
12 are descriptive hypothesis, hypotheses No. 4 and 6 are null
hypothesis and remaining seven hypotheses are relational hypothesis.
Independent variable and dependent variable as appeared in these
relational hypotheses are given below:-
(1) Hypothesis : Higher education increases R.T.I. awareness.
Independent variable - `Education’
Dependent variable - `R.T.I. awareness’
(2) Hypothesis : High status in society increases R.T.I. awareness.
Independent variable - `Status in society’
Dependent variable - `R.T.I. awareness’
(3) Hypothesis : Employment increases R.T.I. awareness.
Independent variable - `Employment’
Dependent variable - `R.T.I. awareness’
(4) Hypothesis : Higher economic position increases R.T.I.
awareness.
Independent variable - `Economic position’
Dependent variable - `R.T.I. awareness’
[47]
(5) Hypothesis : R.T.I. awareness is more in upper classes than
SC/ST/OBC.
Independent variable - `Class’
Dependent variable - `R.T.I. awareness’
(6) Hypothesis : Regular on job training and updates on latest
decisions of C.I.C. and S.I.C. promotes effective implementation
of R.T.I. Act.
Independent variable – (a) `Regular on job training’
(b) `Updates on latest decisions
of C.I.C. and S.I.C.
Dependent variable - `Effective implementation of R.T.I. Act’
(7) Hypothesis : Effective implementation of R.T.I. Act can be
effective tool to fight with corruption.
Independent variable-`Effective implementation of R.T.I. Act’
Dependent variable - `Corruption’
4.3 AREA OF RESEARCH
The area of this research is Gwalior City. Gwalior is a fully
developed city of Madhya Pradesh and lies on the northern side in the
map of Madhya Pradesh. It was the capital of erstwhile Madhya Bharat.
It is geographically important due to being in the centre of India. It is
situated 207 meter above sea level in the plains of Malwa Plateau. It is
situated from 25035’ to 26021’ north latitude and from 77040’ to 78050’
eastern longitude. It is surrounded by Morena in north-west, Bhind in
[48]
north, Datia in east and Shivpuri in South. It is spread over in the area
of 27537 square kms. Geographically, Gwalior city consists of following
three parts namely Old Gwalior (It is basic city towards the northern
side of Gwalior Fort), Lashkar (it was established by Daulat Rao Scindia
as a military camp in 1810 A.D. and situated towards southern side of
Gwalior Fort) and Morar (British Cantonment area towards eastern side
of Gwalior Fort).
Hindi is the main language being spoken in the city. In addition,
English, Urdu, Marathi, Gujarati, Sindhi and Punjabi languages are also
heard here.
Demographically, Gwalior is a densely populated city. Earlier, its
population was less but development of nearby towns Malanpur and
Banmore into industrial area has contributed in enormous increase in its
population. Gwalior City has a population of 20,30,543 according to
Census of 2011 (Provisional figures released on 31 Mar 2011) and
literacy rate of 77.9% (Male literacy – 86.3% and Female literacy –
68.3%) with a sex ratio of 862.
It has several unique features in comparison to other big cities of
Madhya Pradesh. Office of Accountant General, bench of Hon’ble
High Court of Madhya Pradesh, an Air Force Station, an Army Brigade
Headquarters, Headquarters of Gwalior Division and Chambal Division
are some unique features which places Gwalior differently. It is
connected to other cities through well developed road, rail and air
networks. It has Municipal Corporation as a form of local body of
governance.
Administratively, all three tiers of government offices viz. Central,
State & Local body are functioning in Gwalior city. All three pillars of
democratic government viz. legislative, judiciary and executive are
[49]
visible here. Both wings of government viz. Civil and Military are
functional here. This city covers almost all governmental activities
ranging from education, judiciary, health, railways, taxation, auditing,
revenue, law and order, security, policing, Crime Investigation to local
government.
4.4 METHODS OF DATA COLLECTION
Experimental methods of data collection are ideal but not always
possible in research in social sciences because of many problems
which often compels a researcher to adopt Non-experimental methods
of data collection. Non-experimental methods are divided into following
categories:-
A. Field Methods
- Field Study
- Sample Survey
- Case Study
B. Library Method
Any systematic study which aims at discovering the relations and
interactions among variables or testing hypothesis in natural live
situations like communities, schools, factories, organizations and
institutions, and which is ex-post facto in nature is a field study. It
serves several purposes; exploratory, descriptive and hypothesis-
testing. This method is very much realistic since it is conducted in real-
world situations and data on a large number of variables can be
[50]
obtained from the subjects36. However, there are serious limitations of
using this method in present research work; these are:-
Gwalior being a big city both geographically and
demographically, field study will be excessive time-
consuming, expensive and beyond researcher’s resources.
The ‘dross rate’ or proportion of irrelevant data may be high
in field study.
Data are likely to contain biases.
In view of above limitations associated with field study, this
method of data collection is ruled out from present research. Case
study being a method of intensively exploring and analyzing the life of a
single social unit, is also not found relevant to this research and thus
ruled out.
Sample Survey is another method of data collection, in which the
researcher simply collects data about certain sociological or
psychological characteristics of a sample that represent a known
population in natural settings. In this method, the researcher is
interested in knowing something about the whole population but rarely
does he study the whole population. He only studies samples drawn
from populations. The data are sought directly from respondents by
some systematic technique such as, interviewing, questionnaire or
observations at a certain point or period of time once only. It has many
advantages viz. use of a large representative sample in a survey
reduces problems of sample bias, data collection can take place in any
setting, data are obtained directly from respondents, a variety of data 36 P.C. Tripathi, A Textbook of Research Methodology in Social Sciences, 5th d.,2005, Sultan Chand & Sons Educational Publishers, New Delhi, p.53-54
[51]
collection techniques can be used alone or combination, survey often
yield information that suggests new hypotheses, it is cost effective and
time saving37. Considering these advantages, Sample Survey is used
as a method of primary data collection in this present research.
The place of library in a research can hardly be
underemphasized. While primary data is collected in this research from
Sample Survey Method, secondary data is collected on the basis of
Library Method. Various books, publications, journals, newspapers,
research thesis and related literature available in various libraries
available in Gwalior have been relied upon.
4.5 TECHNIQUES OF DATA COLLECTION
Techniques used for primary data collection in this research are
Questionnaire, Schedule and Interview. This research is focused on
two aspects of Right to Information Act viz. (1) its use and (2) its
implementation.
To collect data on first aspect i.e. use of Right to Information Act;
a Schedule was prepared and distributed to respondents. The
schedule consists of two parts. Part-I contains general information (this
part mainly contains question related to independent variables of
hypotheses) like name, age, gender, caste, education, monthly income,
employment etc. whereas Part-II contains specific questions pertaining
to awareness of Right to Information Act and its use by respondents
(this part contains questions related to dependent variables of
hypotheses).
37 P.C. Tripathi, A Textbook of Research Methodology in Social Sciences, 5th Ed.,2005, Sultan Chand & Sons Educational Publishers, New Delhi, p.55-56
[52]
The schedule was semi structured. Questions related to
relational hypotheses and null hypotheses were strictly structured and
carrying multiple choice responses. Whereas questions related to
descriptive hypotheses were either open-end questions or multiple-
choice questions carrying one open-end response. While designing
the schedule, the following points were kept in mind:-
The schedule is intimately related to the final objective of the
research.
The schedule is brief.
Questions outside the respondent’s experience are avoided.
In asking questions about past events, too much reliance is
not placed on the respondent’s memory.
Questions which are likely to arouse bias in the respondent
are avoided.
Questions are very simple, clear and specific.
The structure of the question is according to the form in
which the response is to be recorded.
There is a logical sequence of questions in the schedule.
The confidentialiy of the data should be made clear in such
a way that the respondent will be assured of protection.
A serial number is assigned to each schedule in order to
identify it easily, and to facilitate the control of interviewing
assignments.
[53]
After preparation of schedule, a pretest was done for improving
the schedule. Pretest is an advance test of the questionnaire or
schedule under the same kind of field conditions and with the same kind
of population as anticipated in the main study. The pretest is a preview
of any possible inconsistency or ambiguity in the questions. Such
questions are then appropriately modified and the questionnaire or
schedule is given a final shape. For pretesting questionnaire, it was
distributed to ten respondents (five male and five female). Minor
ambiguity was detected in two questions. These questions were
modified and thereafter schedule is given a final shape. The following
steps were taken to increase the response of respondents:-
The schedule was framed in Hindi language which is a
spoken language in Gwalior City.
The schedule was framed as short as possible with having
only those questions which are relevant to hypotheses.
Maximum questions in schedule were asking objective
information.
Data were collected on week-ends and on holidays.
Interview technique and Questionnaire technique are used to
collect data on second aspect i.e. implementation of Right to
Information. A total of ten offices are selected for research. Interview
has been carried out with Public Information Officers, Assistant Public
Information Officers and First Appellate Authorities of these offices to
study the implementation of Right to Information in these offices. The
interviews were Semi-Standardized, Semi-Structured and Formal.
Questions and their sequence were determined in advance and the
researcher proceeded systematically through the list of questions,
[54]
noting the replies given by the respondents. However, the researcher
was flexible in framing questions and to decide their sequence
according to response and situation of interview.
Where, interview of any of the above mentioned officers could not
be granted, a questionnaire was mailed to them and their responses
were obtained. The questionnaire also consists of two parts. Part-I
contains general information about the office like its name, general
duties assigned to office/organization, name and designation of Public
Information Officer etc. (this part contains questions related to
independent variables of hypotheses), whereas Part-II contains specific
questions pertaining to implementation of Right to Information Act in the
office/organization (this part contains questions related to dependent
variables of hypotheses).
All those points which were kept in mind while preparing schedule
were again followed while preparing questionnaire. Questions related
to relational hypotheses and null hypotheses were strictly structured
and carrying multiple choice responses. Whereas questions related to
descriptive hypotheses were either open-end questions or multiple-
choice carrying one open-end response.
4.6 SAMPLE SELECTION
The next step in the research is to select those people from whom
data are to be collected. The required information or data in any
research may be collected by following either the census method or the
sampling method. Under the census method, information is collected
from each and every person of the population. Under sampling method
information is collected from only a part of population (called a `sample’)
and on the basis of this information, conclusions are drawn for the
[55]
whole population. Use of sampling in social research as a conscious
and careful procedure is started from the year 1920 due to the following
advantages38:-
Economy in expenditure
Greater scope
Speed
Accuracy
Practicability
In view of the above advantages, Sampling Method is adopted in
this present research for information collection. Sampling is further
classified into the following groups:-
(1) Simple random sampling.
(2) Systematic sampling.
(3) Stratified random sampling.
(4) Multi stage random sampling.
(5) Cluster sampling.
(6) Sequential sampling.
(7) Replicated sampling.
(8) Purposive sampling.
38 P.C. Tripathi, A Textbook of Research Methodology in Social Sciences, 5th Ed.,2005, Sultan Chand & Sons Educational Publishers, New Delhi, p.112-116
[56]
(9) Quota sampling.
(10) Convenience sampling.
In the present research, Stratified Random Sampling method is
used for sample selection on first aspect of study i.e. use of Right to
Information Act. Stratified random sampling refers to a sampling
design where the entire population is divided into groups or strata in
such a way that (i) there is as great homogeneity as possible within
each stratum and (ii) as marked a difference as possible between the
strata. Sample is then taken by selecting a certain number of units from
each stratum. It has following advantages39:-
A random stratified sample is superior to a simple random
sample because it ensures representation of all groups and
is thus more representative of the population which is being
sampled.
A random stratified sample can be kept small in size without
losing its accuracy.
Characteristics of each stratum can be estimated and hence
comparison can be made.
A total of 300 people were selected from the Gwalior City to study
use and awareness about Right to Information Act. Out of these 300
people, 100 people each were selected from Old Gwalior, Lashkar and
Morar in such a way that 50 of them are male and 50 are female.
These 50 people from each stratum were selected randomly;
39 P.C. Tripathi, A Textbook of Research Methodology in Social Sciences, 5th Ed.,2005, Sultan Chand & Sons Educational Publishers, New Delhi, p.119-120
[57]
Further, Purposive Sampling Method has been adopted for
sample selection on second aspect of study .e. implementation of Right
to Information Act. Purposive Sampling indicates selection by choice,
not by chance. In purposive sampling, a sample is chosen which is
thought to be typical of the population with regard to the characteristics
under the study. It has many advantages viz. it is very simple to draw; it
is less costly and involves less field work; there is no need to determine
sampling errors because purposive sampling does not meet the basic
requirement of randomness40.
While carrying out purposive sampling a total of ten
institutions/offices were considered for selection to study the
implementation of Right to Information Act. The following criteria was
adopted for selecting these institutions/offices:-
Efforts were made to select all three tiers of government
offices i.e. Central government’s offices, State government’s
office and Local body’s offices.
Efforts were made to select all three pillars of government
i.e. legislative, judiciary and executive.
Efforts were made to select both wings of government i.e.
Civil and Military.
Efforts were made to cover maximum governmental
activities like judicial, educational, health, railways, taxation,
audit, revenue, law and order, policing, crime investigation
and local governance.
40 P.C. Tripathi, A Textbook of Research Methodology in Social Sciences, 5th Ed.,2005, Sultan Chand & Sons Educational Publishers, New Delhi, p.124
[58]
Adopting the above mentioned criteria, the following ten offices
were selected for study on second aspect i.e. implementation of Right
to Information Act, which covers all the three tiers, all the three pillars,
both the wings of government and covers the vast area of governmental
activities.
(a) Military Hospital Gwalior (Central Govt., Executive, Military)
(b) Indian Railways Office, Gwalior (Central Govt., Executive,
Civil)
(c) Accountant General Office, Gwalior (Central Govt.,
Executive, Civil)
(d) Income Tax Office, Gwalior (Central Govt., Executive, Civil)
(e) Collectorate Gwalior (State Govt., Executive, Civil)
(f) S.P. Office Gwalior (State Govt., Executive, Civil)
(g) Office of Tehsildar Gird, Gwalior (State Govt., Executive,
Civil)
(h) District Education Office, Gwalior (State Govt., Executive,
Civil)
(i) Municipal Corporation Gwalior (Local body, Legislative,
Civil)
(j) District Court, Gwalior (State Govt., Judiciary, Civil)
4.7 MEASUREMENT
The next step in research is measurement of collected inputs.
There are four levels of measurement; nominal, ordinal, interval and
[59]
ratio. In the present research, Nominal Measurement is adopted in
view of nature of data collected in the research. Nominal measurement
is the most elementary method of measurement which classifies
persons, objects or events into a number of mutually exclusive
categories on the basis of the simple presence or absence, applicability
or inapplicability, possession or non-possession of certain property.
The only arithmetic operation possible in case of a nominal
measurement is counting. Thus, Mode is the only legitimate measure
of central tendency. The descriptive Statistical methods that can be
used with it are Percentage or Mode; whereas Inferential Statistical
methods that can be used with it are Chi-square test or Binomial test41.
In the present research, Percentage Method is used as Descriptive
Statistical Method and Chi-square Test is used as Inferential Statistical
Method.
ACCURACY OF MEASUREMENT. Ideally speaking, there should be
only one component of a measurement and this should be a direct
reflection of the characteristic being measured. Unfortunately, such a
situation seldom exists. Very often, a measurement consists of not one
but two components – one representing the influence of the
characteristic being measured and the other representing the influence
of those characteristics which the researcher is not interested in
measuring but which still creep in against his wishes. These other
characteristics are as follows42:-
Additional stable characteristics of the object or event, for
example, the respondent’s tendency to give only favourable
responses independent of his true feelings.
41 P.C. Tripathi, A Textbook of Research Methodology in Social Sciences, 5th Ed.,2005, Sultan Chand & Sons Educational Publishers, New Delhi, p.137-141 42 Ibid p. 141-142
[60]
Short-term characteristics of the object, for example, fatigue,
health, hunger, and emotional state.
Situational characteristics, for example, the present or
absence of some other person or of location under which
the measurement is taken.
Characteristics of the measure process, for example, sex,
age, ethnic background, and style of dress of the interviewer
or the method of interviewing etc.
Characteristics of the measuring instrument, for example,
unclear instructions, ambiguous questions, confusing terms,
omitted questions etc.
Characteristics of the response process, for example,
mistakes caused by checking a wrong response.
Characteristics of the analysis, for examples, mistakes
caused by wrong coding, tabulating etc.
Six out of these characteristics (2 to 7 above) give rise to variable
errors in a measurement i.e. errors which occur randomly each time
same is being measured. First characteristic gives rise to a systematic
error, i.e. error that occurs in a consistent manner each time something
is measured. It is also called bias. Thus general situation is :
M = C + VE + SE
where M stands for the measurement,
C stands for the characteristics being measured
VE stands for variable errors and
[61]
SE stands for systematic errors.
Accuracy of measurement depends upon the extent to which it is
free from systematic and variable errors. Freedom from variable errors
is known as the reliability of a measurement and freedom from
systematic errors is known as the validity of a measurement. Reliability
and validity are thus, two essential criteria of every measurement.
RELIABILITY. Reliability of a measure involves two aspects viz.
stability and internal consistency. Stability means a measure’s
capacity to yield the same results in repeated applications to the same
sample of respondents or events. Thus, if a questionnaire or schedule
indicates the same attitude score of an individual each time he is
administered the questionnaire/schedule, it is stable. If on the other
hand, it gives different scores each time, it is instable. Internal
consistency means a measure’s capacity to produce accurate answers
which are mutually consistent. Thus, if a respondent gives one and the
same answer to two differently worded questions put to him at different
times, say one in the beginning of the questionnaire/schedule and the
other in the hand, the questionnaire/schedule is internally consistent43.
There are three common methods for assessing reliability, which
are - Test-retest method, Split-half method and Alternative form
method. The first method investigates stability i.e. constancy in results
over time. The second method investigate internal consistency. The
use of alternate forms at different times investigates both44.
Use of alternate forms of schedule at different times has been
used in the present research to ensure reliability. In this method two
43 P.C. Tripathi, A Textbook of Research Methodology in Social Sciences, 5th Ed.,2005, Sultan Chand & Sons Educational Publishers, New Delhi, p.142-143 44 Ibid.
[62]
different, yet equivalent, forms of schedule were successfully
administered to the same individuals. These schedules were
categorized as Form A and Form B respectively. Both forms typically
include questions or statements supposedly measuring the same
characteristics but worded differently. In order to guard against order
effects, half of the total respondents were given Form A followed by
Form B and the other hand Form B followed by Form A. In some
cases, two forms are administered in the same session. In other
cases, several das may come between administering the two forms. In
the final step, the scores on these two forms are correlated to determine
the degree of reliability called the coefficient of equivalence.
4.8 SCALES
Scale is the instrument with the help of which a concept is
measured. It has a wide range of application in social science
research. It is used in all types of data collection techniques such as
observation, interview, projective techniques etc. Broadly, there are
two types of scales:-
Rating scales
Attitude scales
In a Rating scale, the rater makes a judgment about some
characteristic of a subject and places him directly on some point on the
scale. These scales can be either discrete or continuous. Whereas in
Attitude Scale, the rater measures one or more aspects on an
individual’s or group’s attitude toward some objects. These responses
are then aggregated or summed to provide a single attitude for the
individual. Likert’s Summated Scale, Thurstone’s Equal Appearing
[63]
Interval Scale, Gutman’s Cumulative Scale and Osgood’s Semantic
Differential Scale are examples of Attitude Scales45.
In the present research, Discrete Rating Scale is used for
measuring information pertaining to use of Right to Information Act.
Five answer choices were given to respondents to each question and
they were asked to mark the category which he feels best describes the
characteristic being rated/measured.
Whereas, Semantic Differential Scale has been used for
measuring information pertaining to implementation of Right to
Information Act. In this scale a series of bipolar 10 point rating scales
have been used. The ends of each scale are described by adjectives
which are polar opposites. Respondents are asked to place a
check-mark in one of the places on each scale to indicate their rating.
To counteract the bias due to response, the position of the poles is
changed between scales. Selective use of Discrete Rating Scale has
also been done for few questions on this aspect.
4.9 DATA PROCESSING
After collection of data from field, it was edited to look for and
remove any errors, incompleteness or inconsistency of the data. If the
raw data is erroneous, incomplete or inconsistent, these deficiencies
continue in all stages of processing and subsequently distort the results
of research. Therefore, it was cross-checked that none of the
questions has been skipped; all replies are internally consistent with
each other; there are no `do not know’, `cannot remember’ or `refused
to answer’ responses.
45 P.C. Tripathi, A Textbook of Research Methodology in Social Sciences, 5th Ed.,2005, Sultan Chand & Sons Educational Publishers, New Delhi, p.149-152
[64]
After proper editing of data, it was classified and tabulated before
analyzing. Tables, graphs, bar charts and pie-charts are used as
methods of data processing in the present research.
4.10 STATISTICAL METHODS USED FOR DATA ANALYSIS
Raw data seldom speaks for themselves. To be useful, they have
to be analyzed. The manner in which data can be analyzed depends
to a great extent upon the measurement and sampling procedure
followed in their collection. Depending upon these two components the
analysis of all collected data can be either statistical or non-statistical.
Since, a statistical analysis is always more precise and objective,
Statistical Analysis has been done in the present research. There are
two types of measures used for statistical analysis of data:-
Descriptive Statistics
Analytic Statistics or Statistical Inference or Inferential
Statistics.
All statistical measures devised to describe the data are called
descriptive statistics. However, many problems go beyond merely
describing the data. In fact, based on sample data we want to know
about the population. This facet of statistics is called analytic statistics.
And, since only a portion (sample) of the entire mass data is analyzed
and something inferred about this entire mass, a more common term for
analytic statistics is statistical inference.
In the present research, Descriptive Statistics has been used for
analyzing data pertaining to implementation of Right to Information.
Since, this was Single Variate Analysis, statistical measures of
[65]
percentage were used to analyze the implementation of Right to
Information Act.
Statistical Inference with the help of Chi-square (X2) Test has
been carried out for hypothesis testing on other aspects. This test
measures the actual difference between the expected and observed
frequencies and then ascertains whether the difference is so great that
it could hardly have occurred accidently due to sampling the
fluctuations. This is done by comparing the calculated value of
Chi-square (X2) with the table value at different levels of significance. If
the calculated value of Chi-square (X2)
is very small as compared to its
table value it indicates that the difference is not significant. It is the
result of sampling fluctuations and can be ignored. The theory
adequately describes the fact and, consequently the fit is good. On the
other hand, if the calculated value of Chi-square (X2) is very big as
compared to its table value it indicates that the difference is significant.
It is not the result of sampling fluctuations and cannot be ignored. The
theory does not adequately describe the fact and, therefore the fit is not
good. In the first case the results support theory, in the second case
they do not46.
PROCEDURE IN APPLYING CHI-SQUARE TEST
The procedure for applying Chi-square Test consists of following
three steps:-
Formulation of Null Hypothesis
Calculation of Chi-square value
46 P.C. Tripathi, A Textbook of Research Methodology in Social Sciences, 5th Ed.,2005, Sultan Chand & Sons Educational Publishers, New Delhi, p.269
[66]
Testing of Hypothesis
1. Assumption of Null Hypothesis. The Null Hypothesis presumes
that there is no difference between actual (observed) frequencies and
expected frequencies.
2. Calculation of Chi-square Value. The value of X2 is given by the
formula:
X2 = ∑ {(Fo-Fe)2 ÷ (Fe)}
Where Fo stands for the observed frequency and Fe for the
corresponding expected frequency. Its calculation thus involves the
following steps:-
(i) First of all calculate the expected frequencies on the basis
of null hypothesis. The expected frequency for any given
cell is worked out as under:
Total of Total of
the row x the column
of cell of cell
Expected frequency = ___________________
of a cell Grand Total
(ii) Obtain the difference between the observed and expected
frequencies and find out the squares of these differences,
i.e. to calculate (Fo-Fe) 2
[67]
(iii) Divide the quantity (Fo-Fe) 2 obtained above by the
corresponding expected frequency to get {(Fo-Fe)2 ÷ (Fe)}
and do this for all the cells of the table.
(iv) Sum up the above values to reach at
∑ {(Fo-Fe)2 ÷ (Fe)}
3. Testing of Hypothesis. After calculation of Chi-square (X2)
hypothesis is tested to get the conclusion of Chi-square (X2) test. The
calculated value of Chi-square (X2) is compared with Table value of
Chi-square (X2) for a particular Significance Level and for a particular
Degree of Freedom.
It the calculated value of Chi-square (X2) is less than or equal to
the Table value of Chi-square (X2) the hypothesis is said to be correct.
It the calculated value of Chi-square (X2) is more than the Table value
of Chi-square (X2) the hypothesis is said to be incorrect.
Table value of Chi-square (X2) is used for a particular
Significance Level and for a particular Degree of Freedom because
table value of Chi-square (X2) is different for different Significance
Level and Degree of Freedom.
Significance Level. Significance level 1 indicates that maximum 1
value may be incorrect whereas Significance level 5 indicates that
maximum 5 values may be incorrect.
Degree of Freedom. Degree of Freedom is calculated by the following
formula:
Df = (R-1) (C-1)
[68]
Where Df = Degree of freedom
R = Number of rows
C = Number of columns
Table Value of Chi-square
Chi-square (X2) Table
Degree of
freedom
Probability that chi-square value
will be exceeded
0.05 0.01
1 3.841 6.635
2 5.991 9.210
3 7.815 11.341
4 9.488 13.277
5 11.070 15.086
6 12.592 16.812
7 14.067 18.475
8 15.507 20.090
9 16.919 21.666
10 18.307 23.209
[69]
CHAPTER – FIVE
REVIEW OF LITERATURE
[70]
CHAPTER – FIVE
REVIEW OF LITERATURE
Review of Literature is an important step in the research, which
not only shows researcher proper direction by apprising him about the
relevant literature of subject but also enables him to come from his
narrow ideas and widens his horizons. Review of concerned literature
enables him to understand scope of subject, its insight and purpose of
research. By going through the work already done in that field by
various thinkers and other researchers, unnecessary duplicity of work is
avoided and research leads in the proper direction.
If a researcher starts his research work without reviewing the
concerned literature on the subject, there remains possibility of his
research work or research procedure becoming faulty. Study of
literature makes the researcher work easy; he learns various research
methods of research; he learns the various difficulties faced by earlier
researchers and also learns important concepts of research. Every
problem has different dimensions. Review of literature enables
researcher to understand the proper dimension of his proposed
research work. Thus review of literature is an important link between a
researcher and research work which provides a proper direction to the
research.
Smt. P.V. Young has stated following advantages from review of
literature:-
(i) Researcher gets such an insight about the subject which
enables him to collect correct information by putting proper
questions.
[71]
(ii) Gets knowledge about useful methods and methodology of
research.
(iii) Facilitates understanding of concepts and framing of
hypothesis.
(iv) Duplicity in research work is avoided and those aspects of
subjects are revealed which have been neglected by the earlier
researchers.
Hence, it becomes utmost necessary to review all available
literature on the subject before starting research. Literature consists of
documents, articles, letters, books, reports, journals, research papers
and thesis on the subject. Since right to information is closely related
with society and people, the impact of various segments of society viz.
media, Non-Governmental Organizations (NGOs) and Community
Based Organizations (CBOs) cannot be undermined.
The literature reviewed under this section relates to the
importance of Right to Information, role of various segments of
government and society in its use and implementation, obstacles and
challenges in its implementation; and suggestions for its proper and
effective implementation.
5.1 THE IMPORTANCE OF THE RIGHT TO INFORMATION
Thomas Emerson47, in his Commentary on the First Amendment
to the United States Constitution, observed that the society uses
freedom of information and expression to protect certain values, which
can be grouped into four broad categories. The first of these is
assuring individual self fulfilment. The second set of values focuses on
47 Thomas Emerson, “Towards a General Theory of First Amendment”, The Yale law Journal, Vol. 72, 1963, pp.877-956 at p. 880
[72]
means of attaining the truth. The third addresses a method of securing
the participation of members of the society in social and political
decision-making and the fourth category of value seeks to maintain the
balance between stability and change in the society.
Justice Mathew ruled in the case of State of U.P. v. Raj Narain48,
“In a government of responsibility like ours, where all the agents of
public must be responsible for their conduct, there can be but a few
secrets. The people of this country have a right to know every public
act, everything that is done in the public way by their public
functionaries. They are entitled to know the particulars of every public
transaction in all its bearing. Their right to know which is derived from
the concept of speech, though not absolute, is a factor, which should
make one wary when secrecy is claimed for transactions, which can at
any rate have no repercussion on public security.”
The Right to Information Act, 2005 makes an endeavour to
harmonize conflicting interests between the citizens’ right of
transparency of information in administrative functioning and efficient
governments’ confidentiality in sensitive matters.49 The preamble to
Right to Information Act, 2005 states that it sets out to provide a
practical regime of right to information in order to promote transparency
and accountability.
The Right to Information Act, 2005 is a powerful tool. It enables
citizens to get most of the information held by the government. It is an
effective means to reduce corruption and it will make the work of media
easier. Every government department is bound to provide information
with the consent of the authority concerned. It is indisputable that in a
48 State of U.P. v. Raj Narain, AIR 1975 SC 865 49 Dewinder Singh, `Implementation of RTI Act, 2005. Some National and International experiences’, AIR 2006, Journal Section, pp. 99-103 at p.99.
[73]
democratic polity, to ensure and facilitate the continued participation of
people in effective functioning of the democratic process, people must
be kept informed of the vital decisions taken by the government and the
basis thereof. Therefore, right to seek and receive public information
becomes a pillar of democratic set-up.50
5.2. THE STAKE-HOLDERS IN RIGHT TO INFORMATION
Rajan Kashyap51 in his research paper titled “Right to Information
Act, 2005 : Obstacles and Challenges” while appreciating the obstacles
and challenges in use and implementation of RTI Act, 2005 has
concluded that every individual and institution in the country, as
mentioned below, is a stake holder in the success of the regime for
information freedom.
The Bureaucracy
The bureaucracy is to position itself as a genuine `public servant’
dispensing favours and justice. The bureaucrat is now to consider
himself not merely a powerful custodian of vital information, but a
trustee. In a government committed to transparency, the civil servant
becomes accountable for what he writes and how he performs his
duties. He is required to be more responsive to the needs of his
masters, the members of the public. The Act directs the management
of official records should be systematic and computerized, in order that
information can be scientifically organized for convenient retrieval and
delivery to every seeker of information. The challenge, before the
50 P.K. Saini & R.K. Gupta, “Right to Information Act, 2005”, Deep & Deep Publication Pvt. Ltd., 2009, Chapter 4: Right to Information: Perspective Obstacles and Role of Information Literacy by Shiva Satish, pp.33-92 at p.38 51 P.K. Saini & R.K. Gupta, “Right to Information Act, 2005”, Deep & Deep Publication Pvt. Ltd., 2009, Chapter 1: Right to Information Act, 2005: Obstacles and Challenges by Rajan Kashyap, pp.3-10 at p. 5.
[74]
bureaucracy, is how to speedily modernize the administrative systems
and make the official machinery people-friendly.52
The Political Executive
Greater transparency in official work places a higher level of
responsibility on political executive. Since all decision-making
processes are to be open to public scrutiny, the elected leaders such as
ministers would have to display greater independence in relation to the
bureaucracy. For elected governments, the Act is both a challenge and
an opportunity. They would perforce have to take responsibility for
decisions, and can gainfully use the public forum to politicize their
achievements.53
The Media
In an era of transparent government, the media is well-placed to
operate at several levels. It can expose the working of the
government’s functionaries, especially any misuse of authority. Within
its access to authentic information, the media can caution those in
authority against arbitrariness and excess. The media can take up
worthy social and public causes, and thereby influence executive
decisions. Lastly, the media can take help to create public awareness
about the very right to information available by statute to the hitherto
ignorant man in the street. The challenge before the media is how the
strike a wise balance as it exercises all these vital functions that are
now within its ken.54
52 Id., op. cit., p.5 53 Id., op. cit., p.5-6 54 Id., op. cit., p.6
[75]
Yogesh Kumar55 in his status report on implementation of Right to
Information Act in Madhya Pradesh while evaluating the role of media
has stated that the media has indeed played an important role in
building awareness on the Act. Through reports as well as media-
sponsored RTI camps, people are learning how to seek remedies.
Many people have received passports, pensions, ration cards and IT
refunds using training received in RTI camps. However, some issues
remain unresolved:
(i) The media has largely functioned on its own. There is a
need to coordinate media efforts productively. How can
media campaigns be connected with civil society initiatives?
(ii) The media was involved in brilliant campaigns such as the
'Drive against Bribes'. What mechanisms should be evolved
to extend and institutionalise such campaigns, so that their
influence is not limited to a certain period of time?
(iii) The media has focused on issues relating to the middle
class, ignoring issues like housing rights that affect the poor.
What can be done to sensitise media to issues that affect
the poorest of the poor?
(iv) The media has ignored local-level corruption in government
and Panchayati Raj institutions. This is evidently a task for
the local media, since the national media has a limited role
to play. How can local media be induced to align with
activists to cover lapses at the local level?
55 Right to Information Act in Madhya Pradesh : Status Report (2007) preface by Yogesh Kumar at p. 20
[76]
The Corporate Sector
In a fast growing economy like India’s, the corporate sector too
has a stake in the success of RTI Act. A transparent system is
expected to ensure fair decisions by the government, and create a level
playing field for all business. An open commercial environment would
undoubtedly encourage investors. The challenge for the corporate
sector is to gainfully use the enhanced credibility of an open
government as an engine of economic growth.56
The Information Commissions
As statutory authorities for upholding the ideals of RTI Act, the
Central Information Commission at the national level, and the State
Information Commissions in all the States, are to play a crucial role.
The Act has given to the commissions both status and authority. Every
Commission is to function as an adjudicator as well as regulator. If the
Commissions are to fulfill the objectives of the Act to empower the
common man, the process of adjudication requires to be made more
simple and convenient for information seekers. While the rule of law
has to prevail, the public must perceive the Information Commissioner
as a public friendly judge. The challenge before the Information
Commissions is to build an image of strong, independent and open
institutions that reach out to the common people to deliver prompt
justice. Equally important is the role of every State Commission as the
regulator of the process of implementation of the RTI Act by all
authorities in the state.57
56 Right to Information Act in Madhya Pradesh : Status Report (2007) preface by Yogesh Kumar at, p.7 57 Id., op. cit., p.8
[77]
Non Governmental Organizations (NGOs) and Community Based
Organizations (CBOs)
Lt. Gen. (Retd.) P.K. Grover, PVSM, AVSM, VSM58 in his
research paper titled “Role of NGOs and the RTI Act, 2005” has
categorized the main role of NGOs to act as a facilitator to strengthen
and institutionalize government-citizen interface in the following ways in
effective implementation of Right to Information Act, 2005:-
(i) To familiarize all members of the NGO with various
provisions of the Act, Rules, related government
notifications, and orders of the Information Commission
under Sections 18 and 19. The aim being to form
information clearing houses – to access, demystify,
contextualize and publicize all relevant information.
(ii) To train all members in drafting questions and filing
applications, appeals and complaints. Also develop user
friendly manuals.
(iii) To file RTI applications before various public authorities
seeking information relating to public interest while
demonstrating relevance.
(iv) To spread awareness among citizens, especially women
and those living in poverty and other marginalized sections,
so that they actually exercise their right to access
information from various government offices.
58 P.K. Saini & R.K. Gupta, “Right to Information Act, 2005”, Deep & Deep Publication Pvt. Ltd., 2009, Chapter 21: Role of NGOs and the RTI Act, 2005 by Lt. Gen. (Retd.) P.K. Grover, PVSM, AVSM, VSM, pp.301-305 at pp. 302-303.
[78]
(v) To share experience on the Right to Information with the
media and other NGOs.
(vi) To form a network of NGOs to collectively address
bottlenecks being encountered in the implementation of
Right to Information Act.
(vii) To monitor the implementation of the Act by various
functionaries. NGOs can also act as government
watchdogs by providing credible and reliable independent
information in parallel/shadow reports to monitoring
committees.
(viii) To use the Act for development by promoting transparency,
accountability in the working of every public authority and
checking corruption to ensure good governance.
(ix) To engage media, the fourth pillar of our democracy, and
highlight the problems faced in accessing information, in
monitoring the RTI Act and on the issue of corruption,
unfairness and malpractices. Recommendations for
systemic improvements can also be made through the
media.
(x) To assist administration/Public Authorities in good
governance.
(xi) Endeavour to bring about a change in the attitude and
behaviour of government officials. This could be done
[79]
through `Public hearing’ (called Jan Sunwai in Hindi) or by
launching an application or signature campaign against
defaulting officers. NGOs can also set up a volunteer group
to track a particular issue.
(xii) To function as a public authority under Section 2(h) of the
RTI Act in case the NGO is substantially financed, directly or
indirectly, by funds provided by the appropriate government
by designating Public Information Officer and First Appellate
Authority.
5.3. OBSTACLES IN EFFECTIVE IMPLEMENTATION OF THE RIGHT
TO INFORMATION
Rajan Kashyap59 in his research paper titled “Right to Information
Act, 2005: Obstacles and Challenges” has identified the following three
obstacles in the effective implementation of RTI Act, 2005. Firstly, even
routine documents in most government offices are not systematically
maintained and recorded. Computerization and scientific record
keeping is mandated in Section 4 of the Act, but most of the public
authorities are yet to put their house in order. As such, even where an
authority wishes to cooperate positively with the information seeker, it is
unable to retrieve the material from its files within the stipulated time-
frame. The problem of efficient record management is equally
pervasive in the states as well as in Central Governments institutions.
Secondly, the common man has not been informed of his new power
under RTI Act. Much effort and energy has to be committed by the
Government to create public awareness in towns and villages about the
59 P.K. Saini & R.K. Gupta, “Right to Information Act, 2005”, Deep & Deep Publication Pvt. Ltd., 2009, Chapter 1: Right to Information Act, 2005: Obstacles and Challenges by Rajan Kashyap, pp.3-10 at p. 10.
[80]
fight to information. The citizen must in time learn to approach a
government office from a position to strength. He must be taught how
to ask and what to ask. Thirdly, an effectively transparent information
regime demands a transformation in the mindset of the bureaucracy,
which realizes that opening up official bureaus to fresh air will not
reduce its authority, but strengthen its own role in a vibrant democracy.
P.K. Saini60 in his research paper titled “Right to Information Act,
2005 : Objectives, Challenges and Suggestions” has found the following
major obstacles in the effective implementation of the RTI Act:-
(i) Official Secrets Act 1923 has given the Officer enough
protection and excuse to deny even basic information to the
people. Bureaucracy has typical colonial mindset and they
have developed deep vested interests in guarding
information and working in secrecy. By denying the
information to the people, bureaucrat think that they gains
more power, so they do not disclose the basic information to
the citizen;
(ii) People do not know what are their rights and what is the
procedure to obtain the information under RTI Act;
(iii) Every bureaucracy seeks to increase the superiority of the
professionally informed by keeping their knowledge and
intension secret. Bureaucratic administration always tends
to be administration of `secret success’: In so far as it can, it
hides its knowledge and action from criticism. That is why
60 P.K. Saini & R.K. Gupta, “Right to Information Act, 2005”, Deep & Deep Publication Pvt. Ltd., 2009, Chapter 3, Right to Information Act, 2005 : Objectives, Challenges and Suggestions by P.K.Saini, pp.26-34 at pp.29-30.
[81]
Weber says, the “officers secret” could only have been
invented by the bureaucracy. It follows that the power of
bureaucracy is in direct proportion to the ignorance of the
legislative and citizens;
(iv) `Information Commissioners’, who are to oversee the
implementation of the Act, will become the choke points to
prevent effective functioning of the statute. Twelve Chief
Information Commissioners constituting the Central
information Commission have reportedly all have been
drawn from the IAS. Replacing a bureaucracy with super
bureaucracy of access, would greatly diminish the scope of
the law;
(v) On paper, the process of getting the information appears to
be very simple. But in actual fact, it is very tedious to get
information unless there are agencies at the local level that
guide the citizen and interpret what could be unwieldy and
inaccessible information in indecipherable language. Local
civil society organization can play a meaningful role;
(vi) Political influence could stymie the efforts of conscientious
officers to be more open and accountable. The Right to
Information could not function on the integrity of just a few
good officers. Our civil servants may not realize this now,
but the RTI regime may actually given them some autonomy
in dealing with more egregious demands of their political
masters. This, however, would require them to take
seriously Section 4 of the RTI Act, which makes it
incumbent on public authorities to “maintain all records duly
[82]
catalogued and indexed” and to provide “as much
information suo moto to the public at regular intervals”;
(vii) In a democracy, people, not governments, are supreme and
this is the truth that governing classes cannot stomach, they
cannot imagine their performance being scrutinized by the
Great unwashed. The Right to Information was fuelled by
the energy of very poor and vulnerable people who created
a movement out of their desperation for good governance.
It was passed with the intent of creating accountability and
putting power where it belongs in the hands of people. It
was designed to reduce the discretions and bias that plague
government decision making. To comprise these principles
would be to dishonor the aspirations of the most vulnerable
among us;
(viii) Development of different set of rules for the Centre and
States, it becomes the confusion for the public;
(ix) File notings in some ways the heart of official decision
making, will now be included in the list of records,
documentations, memos, e-mails, opinions, advices, press
release, circulars, orders etc. The problem that has plagued
our bureaucracies has been bottle necks, red tape and
quasi theological reasoning that block rational politics or
decision. To have access to file notings - the various
opinions made on the “margin” of file by bureaucrats – is to
not only know how the process works but also why the
process is at times scrapped.
[83]
Shiva Satish61 in his research paper titled “Right to Information:
Perspective Obstacles and Role of Information Literacy” has found that
the government and the bureaucracy, who have right from the first day
from the enforcement of the Act been trying to find the loopholes in the
Act, are a major threat to the RTI Act. The Act can be resisted and
killed by bureaucracy by three methods – over use, disuse and hide &
seek.
Over use of the Act is that it provides for an elaborate system of
written application, acknowledgement, time limit, appeals etc. In actual
practice, how many will have the time, patience and stamina to go
through the whole gamut of such procedures if it is insisted upon in
every case? In other words, bureaucracy may hit back by a too literal
and procedurally rigid implementation of the Act and defeat its
purpose.62
Now killing the effectiveness by disuse is because of the lack of
dissemination of knowledge or awareness about the Act and illiteracy.
Only a particular community shall be able to make use of the
enactment.63
Finally, hide and seek strategy will ensure that general information
may be given but information on sensitive matters which, according to
government, can invite severe criticism from the public, has to be dealt
with utmost care. In other words, it is to guard against this type of
inquisitiveness that the whole government culture is carefully and
consciously-oriented towards a single, overriding value.64
61 P.K. Saini & R.K. Gupta, “Right to Information Act, 2005”, Deep & Deep Publication Pvt. Ltd., 2009, Chapter 4, Right to Information : Perspective Obstacles and Role of Information Literacy by Shiva Satish, pp.35-52 at p.42. 62 Id., op. cit., p.42 63 Id., op. cit., p.43 64 Id., op. cit., p.43
[84]
He further identified following65 other challenges in proper and
effective implementation of RTI Act.
(i) No mode of evaluation of the information machinery is in
place in the states, to inspect whether all actions as per sec
4 are taken.
(ii) Only directions to perform a particular duty are contained in
the Act but no mechanism exists to have a check whether
protocols and formats have been developed for uniform
application at the level of public authorities for proactive
disclosure.
(iii) Pointing another challenge in the effective implementation is
the need for separate resource allocation for implementation
of the Act.
(iv) No monitoring agency is there to see whether all the
requirements under the Act have been complied with or duly
followed.
Khosla A. and Khosla P.66 in his research paper titled “Right to
Information: Challenges, Issues and Opportunities” has found the
following challenges in effective implementation of RTI Act:-
(i) Loopholes in the Act. There are some loopholes in the
Act, the activists are seeing red. For instances, no time
frame has been attached to the provision of second appeal.
65 Id., op. cit., pp.49-41 66 P.K. Saini & R.K. Gupta, “Right to Information Act, 2005”, Deep & Deep Publication Pvt. Ltd., 2009, Chapter 6, Right to Information: Challenges, Issues and Opportunities by Khosla A. and Khosla P., pp.61-71 at p. 68-69.
[85]
As dissatisfied applicants have not been given the option of
moving court against the PIOs, the buck stops at the
Information Commission, which may take its own sweet time
to address appeals. Another glaring anomaly in the Central
RTI Act, 2005 is that there is no provision to pay the Rs. 10
application fee along with an application filed online. The
RTI Act 2005 incorporates certain exemptions which are
being misapplied primarily due to their wide parameters, for
e.g. Section 8(d) of the RTI Act, 2005 deals with
non-disclosure of information on the grounds of commercial
confidence, trade secrets and intellectual property and
Section 8(j) of the RTI Act, 2005 withholds personal and
private information of an individual on the grounds of
“Invasion of Privacy”. Such provisions should be scrutinized
for minimizing the purview of the exemptions.
(ii) Lack of Independence of Appellate Authority. The
retired bureaucrats are being appointed at the highest levels
of the RTI hierarchy i.e. the Information Commission at the
Central and State levels. These Commissions are meant to
serve as Appellate Authority, independent of the
government. The RTI law aims to undo the misdeeds of the
bureaucrats, who unfortunately, have taken complete
control of it. Activists are of the opinion that the bureaucrats
who have been inducted into the RTI implementation
apparatus are expectedly sympathetic towards their fellow
`babus’ over whose wrongs the information seekers are
trying to spill the beans.
[86]
(iii) Lack of Necessary Infrastructure. As more and more
people are being encouraged to make use of the RTI Act, it
is being found that the necessary apparatus for providing
sought information is still not in place. In some areas, PIOs
are yet to be appointed and in others, applicants are
complaining of lack of co-operation from the PIOs. Officials
senior to the PIOs are misplacing the appeal documents of
applicants. The Information Commission is in a state of
coma “too few support staff, no means to operate, modest
funds, even no letterhead”.
Jasleen Kewlani67 in his research paper titled “Right to
Information: A Legal Procedure for Social Facilitation (A Sociological
Interpretation and Analysis” has mentioned the following obstacles in
the way of its implementation:-
(i) Lack of awareness about the existence of the right.
(ii) Lack of information about processes of the right to
information.
(iii) Lack of initiative on the part of the masses due to their
psychological stagnancy.
(iv) Excessive reliance and dependence on traditional justice
seeking system of the nation, which somewhere prohibits
effective functioning of the Act.
67 P.K. Saini & R.K. Gupta, “Right to Information Act, 2005”, Deep & Deep Publication Pvt. Ltd., 2009, Chapter 12, Right to Information: A Legal Procedure for Social Facilitation (A Sociological Interpretation and Analysis) by Jasleen Kewlani, pp.146-156 at pp.153-154
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(v) Reluctance expressed by the authorities being asked for
information.
(vi) Lack of `Functional Literacy Campaigns’ for encouraging the
grass-root application.
(vii) Corruption entailed in the psyche, though sometimes failure
in practice.
Surinder K. Shukla68 in his research paper titled “Public
Accountability and Right to Information” mentioned the following
challenges in the way of Right to Information Act:-
(i) Bureaucratic initiative and freedom in decision-making
proceed need not be unduly curbed.
(ii) All information in the present age of information is explosive.
It needs to be handled with utmost care.
(iii) In the light of RTI Act, there is a need to repeal the Official
Secrets Act and bring about reform in the Conduct Rules of
personnel working in Government of India.
(iv) RTI Act can be made effective to economic affairs and to
the emerging concept of Cyber Technology.
Yogesh Kumar69 in his status report on implementation of Right to
Act in Madhya Pradesh finds that there are several challenges in
68 P.K. Saini & R.K. Gupta, “Right to Information Act, 2005”, Deep & Deep Publication Pvt. Ltd., 2009, Chapter 17, Public Accountability and Right to Information by Surinder K. Shukla, pp.212-233 at pp.217-218. 69 Right to Information Act in Madhya Pradesh : Status Report (2007) preface by Yogesh Kumar at p. 67
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promoting filing of applications under RTI in rural as well as urban
areas. Some key challenges among them are:-
(i) There is a significantly low level of awareness amongst
people on their rights under RTI, since a high number of
applications are filed usually with urban
departments/municipalities in both districts. A study of
Public Affairs Centre conducted in Karnataka revealed that
only 2% of people in rural areas were aware of it. Therefore,
a large-scale campaign on RTI can only lead to realization
of right to information for the common man.
(ii) There are vested interests or politically connected
individuals who may misuse the Act for settling personal
scores, or to blackmail officials. Though such cases are not
large as of now, the possibility cannot be completely ruled
out. There is a need to establish a strong mechanism of
tracking application disposal rates and use of RTI-obtained
information to minimize misuse of provisions of the Act.
(iii) The legal aid support system for the poor needs to be linked
with RTI, since many of those opting for legal action may get
free legal support. Considering the fact that existing levels of
legal aid is quite weak within the state, it would be important
to open information centres at district or block level with the
help of civil society organizations. The experiences of
grassroots-level campaigns have demonstrated that citizens
need support in drafting applications, formulating their
questions and confidence building to withstand pressure of
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Panchayats and urban body functionaries and influential
mafia.
(iv) A large number of PIOs at district or block level have fixed
timings or days for receiving applications. It is a waste of
time and money for any person to travel and return
disappointed. Even designated PIOs avoid giving receipts
for applications. The cost of seeking information sometimes
deters genuine poor citizens to exercise their right. There is
a need to devise a system for efficient handling of such
applications. The recent decision of the Government of
Bihar to start a call centre on RTI is a welcome step. Any
applicant can use a help line number and register his/her
complaint and Rs 10 is charged from his/her phone. The
application will be forwarded to the concerned department.
(v) The Madhya Pradesh Government has also initiated an
innovative scheme of 'one day governance centres' where
citizens are helped in getting birth/death registration
certificates, driving licenses, land records, etc. efficiently.
Such centres can be used to handle RTI applications. There
are a very few such centres within the state running in
selective district headquarters. There is a need to upscale
such an initiative with strong support of political and
administrative machinery.
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5.4. SUGGESTIONS FOR EFFECTIVE IMPLEMENTATION OF RIGHT
TO INFORMATION
P.K. Saini70 in his research paper titled “Right to Information Act,
2005: Objectives, Challenges and Suggestions”, gave the following
suggestions to make the RTI Act successful:-
(i) Government has to take keen interest towards creating
awareness among the people. The citizen do not have the
knowledge about the PIO and what the procedure in
scrapping of fees and how they can get the information.
(ii) A Parliamentary Committee has decided to recommend
scrapping of fees at the times of filing applications, seeking
information all government departments under RTI Act.
This has been welcomed by Central Information
Commissioner Wajahat Habibullah. Dr. E.M. Sudarsana
Natchippan has said scrapping of fees at the initial stage
would help in effective implementation of two year old law.
It will encourage more people to make use of RTI Act.
(iii) Government department should make the implementation of
RTI easy for applicants seeking information rather than
making it difficult through tough procedures. Noted RTI
Activists Nikhil De cautioned that there was a need for
having some sort of a record with the applicant to keep his
process alive.
70 P.K. Saini & R.K. Gupta, “Right to Information Act, 2005”, Deep & Deep Publication Pvt. Ltd., 2009, Chapter 3, Right to Information Act, 2005 : Objectives, Challenges and Suggestions by P.K.Saini, pp.26-34 at pp.33-34.
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(iv) The present need of the hour is to think to implement it at
the grass-root level since the decentralized governances are
not working efficiently. The Act has not yet reached the
common man. Only the creamy layer of society is putting it
to use. So the Act has not yet been implemented properly.
There is a general complaint that the corruption is largely
practiced and they are suffering with proper coordination.
(v) The public administration is the heart of the democracy.
New procedures and codes need to be adopted to fulfill the
provisions of RTI in each department.
(vi) The accountability and service mentality of bureaucrats
should be verified. A study was conducted by the
participatory research in Asia (PRIA) shocked that the
attitude of the Public Information Officer was apathetic and
hostile.
(vii) The study also concluded that while information under the
Act was accessible to the middle class, the poor and
marginalized were kept out of loop which was totally
contrary to the objectives of the Act.
Khosla A. and Khosla P.71 in his research paper titled “Right to
Information : Challenges, Issues and Opportunities” has suggested
that, for proper implementation of the Act, adequate training sessions
should be provided to appointed officers to educate them on the
provisions of the RTI Act, 2005 and the latest decisions on appeals.
71 P.K. Saini & R.K. Gupta, “Right to Information Act, 2005”, Deep & Deep Publication Pvt. Ltd., 2009, Chapter 6, Right to Information: Challenges, Issues and Opportunities by Khosla A. and Khosla P., pp.66-69 at p.69
[92]
The government may consider allocating a specific fund for this purpose
in the financial budget.
An information bank comprising important precedents regarding
RTI complaints and the decisions by the appellate authorities should be
maintained for the benefit of both, the appointed officers and the public.
Detailed guidelines delineating the steps to be taken for the
proper implementation of the RTI Act, 2005 should be issued by the
Department of Personnel and Training. These guidelines should
contain provisions for appointment of PIO and APIO, procedures to be
followed in disseminating information and various other rules governing
the finer aspects of the RTI Act, 2005.
Jasleen Kewlani72 in his research paper titled “Right to
Information: A Legal Procedure for Social Facilitation (A Sociological
Interpretation and Analysis” has found that the following efforts are
needed to be made to ensure successful implementation of RTI Act,
2005.
(i) `Enlightenment’ of citizens is an efficacious instrument to
make the act functional in rational sense. `Enlightenment’
as a concept was formally theorized first time by a popular
social theorist, Emmanuel Kant. According to him, being
enlightened is being self decisive. This theory can be
applied here because mere enactment of an act doesn’t
being about desirable social changes, rather its proper
utilization is required. And ironically, indigenous people
need a support mechanism first for initiating an act and
72 P.K. Saini & R.K. Gupta, “Right to Information Act, 2005”, Deep & Deep Publication Pvt. Ltd., 2009, Chapter 12, Right to Information: A Legal Procedure for Social Facilitation (A Sociological Interpretation and Analysis) by Jasleen Kewlani, pp.153-156 at pp.154-155.
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then, for pursuing it. If the masses become decisive and
firm about their right to information and to its
implementation, only then this legislation can be a success.
(ii) `Functional Literacy Campaigns’ should be initiated, which
can prove to be the most result-oriented mechanism to
create `informed citizens’ out of the `ignorant citizens’.
Universal Literacy cannot be achieved in a day. For that,
the best solution in the hands of the government is to launch
`Functional Literacy Campaigns’. Functional Literacy aims
at making citizens aware about their rights, duties, privileges
and social surroundings, not through texts but through
behavioural formation. The behavioural formations are
created and propagated with the role of media, theatre, rural
modes of entertainment, etc. These are a success-oriented
means to achieve the set objectives in the context of Right
to Information. Rural masses adhere to these modes of
socio-cultural transformation and respond to them in a
manifest pattern in comparatively shorter period. In India,
where still a sizeable quantum of demography is illiterate,
“Functional Literacy Campaigns” passes potential of
changing the social order significantly.
(iii) Research helps to solve many issues and strengthen many
socially desirable notions, in the form of a theory. Hence, to
know the pre-requisites required for a universal
implementation of an act, it is very crucial to organize field
visits and undertake research. The reason is that the
subjects (masses) of legislations forward practical
suggestions and recommendations, which prove adequately
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functional for the results related to implementation and
application. Educational Institutions, Statistical
Organizations and national as well as International
Developmental authorities must undertake empirical
research projects in the context of Right to Information Act,
so as to make it a law, in function and practice.
(iv) Above all, the role and the credibility of civil society cannot
be ignored. In a nation like India, where demographic
pressures supersede all other sub-structures and sub-
systems of Indian social structure, people’s participation
obviously becomes desirably a mandatory condition for
successful ongoing of democracy. Ordinary masses; Non-
governmental Organizations (NGOs); and Community
Based Organizations (CBOs), all need to join hands to instill
a spirit of the RTI Act, 2005 into the social system for
desirable sensitivity. All these steps, if taken in an
encapsulation, can create a social order enriched with
informed citizens, without which, democracy is partial not a
reality.
Anupam Ahluwalia and Manoj Sharma73 in their research paper
titled “Right to Information and Common Man: A Socio-Legal Study”
studied the salient features of RTI Act, its coverage and carried out an
empirical test in two city/village (one rural and one urban) of Jalandhar
and in order to compare the results with the people residing in the cities,
they drew equal sample from the city and village. The respondents
73 P.K. Saini & R.K. Gupta, “Right to Information Act, 2005”, Deep & Deep Publication Pvt. Ltd., 2009, Chapter 14, Right to Information and Common Man : A Socio-Legal Study by Anupam Ahluwalia and Manoj Sharma, pp.170-184 at pp.182-183.
[95]
were asked as to whether they were aware of any law providing for right
to information or access to information. From the response, it is found
that the awareness at the rural level was negligible (14%) as compared
to the urban belt (46%) and overall (30%). Out of the subjects, which
were aware of RTI (i.e. 23 urban and 7 rural and total 30) only 33%
were aware as to how the information is to be retrieved and balance
67% were unaware of it. They were only aware of the factor of the
existence of the legislation. The response of the respondents as to the
success or otherwise of the RTI was mixed. 44% respondents were
optimists that the Act will be able to bring about a somewhat positive
change as far as the access to information is concerned. However,
majority 56% opined that the Act will not have any substantial impact.
The results of data analysis present a dismal picture thus emphasizing
the need to publicize the provisions in the non-urban as well as urban
belt. To help improve the situation, they gave the following
suggestions:-
(i) Mass media campaigns should be launched to make
masses aware of this right. Initiative has to be taken by the
governments as per the mandate of the Act. Local
governments including Panchayats can play a vital role in
spreading awareness of the Act. Law Colleges, law
departments should be encouraged to include legal
awareness especially with respect to RTI in their curriculum.
(ii) NGOs should be encouraged to come forward and spread
the awareness regarding the provisions of the Act and also
to help people in need of information. NGOs may be given
incentives and recognition for this purpose.
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(iii) For effective implementation of the Act and for quick
dissemination of information, computerization of all the
departments is the need of the hour and should be carried
out without delay.
(iv) The Information Commissions should be provided adequate
infrastructure and the resources to work effectively,
especially in view of expected steep increase in number of
applications in near future.
(v) The ARC’s recommendation regarding substitution of Oath
of Secrecy by Oath of Transparency should be
implemented.
(vi) Mind-set of the officers needs to undergo a change in tune
with the aim of the Act, i.e. transparency. The attitude of the
officers has hitherto been to hinder the process one way or
the other. For this purpose, all government officers
including PIOs and APIOs should be given adequate
training.
Yogesh Kumar74 in his status report on implementation of Right to
Information in Madhya Pradesh has seen that the Right to Information
Act has demonstrated its potential in transforming governance systems
in our country. Experiences of the last one-year on RTI are rich and
encouraging. Within given socio-economic and cultural constraints,
impact of RTI, as an instrument in the hands of the people to bring
about accountability within the system is enormous. The following are
emerging ways forward, based on experiences.
74 Right to Information Act in Madhya Pradesh : Status Report (2007) preface by Yogesh Kumar at pp. 68-69
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(i) Large-scale awareness generation campaigns. There is
a need to build a strong grassroots campaign to reach out to
the poorest of the poor to support them demand their
legitimate rights using RTI. In a state like MP, where literacy
levels are still low, personal contact campaign, folk songs
and other audio-visual material will be extremely useful.
Government officials cannot run campaigns on their own,
since only a few have the commitment to RTI. Therefore, it
will be imperative to engage civil society actors and
grassroots activist groups to take forward the message of
RTI at the local level. The resources available under various
programmes on awareness generation may be utilized for
building up a campaign. The RTI cell within GAD may co-
ordinate such efforts to identify relevant NGOs for long term
involvement.
(ii) To enhance capacity of PlOs to deal with applications.
A large number of departmental staff upto the village level
have been appointed as PIOs. Most of them at the district
and below, have not understood their role and responsibility
clearly. As a result, when applicants approach them, the
initial response is found to be either of indifference or
defence. As a result of unclear understanding of
procedures and implications, PIOs (a) do not attempt to
accept applications as part of their duty (b) do not put in an
effort to collect information within the time frame, and
formally inform the applicant. The initial response of PIOs
discourages a large numbers of poor and socially and
politically disadvantaged applicants to try RTI as a tool to
demand information. There is a need for systematic training
of PIOs involving a cadre of trainees drawn from the
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government and NGO sector. Sufficient allocation of
recourses is essential by the government, so that RTI
promotion gets centrality within the government system.
(iii) Strengthening SIC as an efficient mechanism of
decision-making and promotion of RTI culture. The
strength of the Act lies in making the State information
Commission autonomous and vesting it with powers of
adjudication. The Madhya Pradesh SIC office has
functioned with minimal staff and a single State Information
Commissioner. However, in many states - including MP -
not a single additional Commissioner has been appointed.
In order to expedite the decision-making process on
appeals, SIC should attain full strength as prescribed in the
Act, and should have sufficient staff and other provisions to
ensure timely and effective justice to appellants. SICs
should not depend on state governments for release of
funds/resources; in fact, a minimum and fixed allocation
should be made available to SICs. For larger accountability
of SICs, there is a need to bring out an annual report, which
is also a mandatory provision of the Act. Most state SICs
have not published annual reports yet.
(iv) Strong and well-equipped RTI cell within GAD. In order
to promote, support and monitor effective implementation of
RTI, a cell within the GAD has been formed. A very small
staff without adequate resource allocation manages the cell.
Moreover, because of its small size and inadequate
attention by top bureaucratic and political circles means that
the cell becomes ineffective in addressing emerging issues
related to RTI. A large number of PIOs and appeal officers
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need to be monitored and supported to play their roles
effectively. Similarly, promotion of the Act at the grassroots
requires enormous efforts by the RTI cell in designing a
communication campaign, as well as providing back-up
support to PIOs, who need guidance in complicated cases.
Moreover, unless the performance of PIOs and efficiency of
information delivery department-wise is not monitored, it will
be difficult to energise the system to deal with the growing
demand of information under RTI. A strict monitoring will
help identify bottlenecks within the system for policy or
practices change, or will help snare applicants who have a
vested interest in demanding information.
(v) Active engagement of technological options to promote
efficiency. The speed of information delivery as well as
cases assessing information with use of digital and
electronic means the use of websites to host decisions of
SIC, Madhya Pradesh in Hindi. Government of MP has set
up 'one day governance' counters at district headquarter at
Sehore, Jabalpur and Indore, where paperwork like caste
certificate, driving licenses, etc. are processed within a day.
Chattisgarh SIC has used videoconferencing to hear
applicants so as to minimize their travel costs from districts
to state headquarters. Recently, the government of Bihar
initiated a call centre approach with a toll free number to file
applications under RTI, charging Rs. 10 to an applicant's
phone bill to accept the application. Such innovative steps
help improve efficiency of delivery of information. There is a
need to create a separate budget for building electronic MIS
or RTI and expanding information KIOSKS. NIC and private
players should be involved to innovate ways to reach out to
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people in remote corners of the state to access information
based on advanced and appropriate technology options.
(vi) Promoting culture of self-disclosure. A large number of
applications are in areas under the self-disclosure clause.
Applicants want to know about development programmes,
subsidies, beneficiaries and so on, which should be
available through public documents. Similarly, the names of
officials, addresses and budgets of the departments should
also be available under self-disclosure. The information on
websites is still not adequate and not updated either.
Moreover, there is a need to build a mechanism of files and
display boards at the district level outside the department to
bring relevant information in the public domain.
The Second Administrative Reforms Commission headed by Shri
M. Veerappa Moily, in its report75 has concluded that the Right to
Information Act, 2005 signals a radical shift in our governance culture
and permanently impacts all agencies of state. The effective
implementation of this law depends on three fundamental shifts: from
the prevailing culture of secrecy to a new culture of openness; from
personalized despotism to authority coupled with accountability; and
from unilateral decision making to participative governance. Obviously
one single law cannot change everything. But this fine legislation is an
important beginning. Its effective application depends largely on the
institutions created, early traditions and practices, attendant changes in
laws and procedures, and adequate participation of people and the
public servants. The Commission, therefore, focused on two broad
categories of issues:
75 Government of India (2006): Right to Information: Master Key to Good Governance, First Report, Second Administrative Reforms Commission, New Delhi, Preface by M. Veerappa Moily, p.56.
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The first set of issues relates to changes in other laws and
practices involving state secrets, civil service conduct rules and
classification of documents. The Commission firmly believes that the
Official Secrets Act, 1923 in the current form is antiquated and
unsuitable to emerging needs. The second set of issues relates to
implementation of the RTI Act itself, in particular process engineering,
record keeping, disclosures, access and monitoring. In respect of the
second category of issues, the Commission’s recommendations are
largely within the framework of the present law.
It is well recognized that right to information is necessary, but not
sufficient, to improve governance. A lot more needs to be done to usher
in accountability in governance, including protection of whistle blowers,
decentralization of power and fusion of authority with accountability at
all levels. Nevertheless, this law provides us a priceless opportunity to
redesign the processes of governance, particularly at the grass roots
level where the citizens’ interface is maximum. Now that the romance of
the struggle for transparency is over, the tedious process of system-
building has to take over. It is in this spirit that the Commission made
specific recommendations and attempted to provide a road map for
their time-bound implementation.
The Second Administrative Reforms Commission has given
twenty one recommendations towards strengthening the Right to
Information Act and its effective implementation.76 These
recommendations if incorporated by the legislative will go in long way in
fulfilling the objectives enshrined in the Preamble of the Right to
Information Act, 2005 and make the right to information meaningful.
76 Government of India (2006): Right to Information: Master Key to Good Governance, First Report, Second Administrative Reforms Commission, New Delhi, Preface by M. Veerappa Moily, pp.57-69s
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CHAPTER – SIX
VARIOUS ASPECTS OF RIGHT TO
INFORMATION ACT
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CHAPTER – SIX
VARIOUS ASPECTS OF RIGHT TO INFORMATION ACT
Right to Information Act has come into force with effect from
21st June 2005. It extends to the whole of India except the State of
Jammu Kashmir. Its sections 4(1), 5(1), 5(2), 12, 13, 15, 16, 24, 27
and 28 had come into force immediately i.e. with effect from 21st June
2005 whereas rest of the provisions have come into force on hundred
and twentieth day of its enactment i.e. with effect from 19 October 2005.
This Act has a Preamble, six chapters divided into 31 sections and two
schedules. The Act is appended as Appendix A to this thesis.
Preamble alongwith the Statement of Objects and Reasons
appended to it reflects the objectives of this Act.
Chapter-I contains short title and dictionary clause.
Chapter-II which is heart and soul of this Act contains
Sections 3 to 11, which deal with citizens’ right to
information and obligation of public authorities.
Chapter-III contains Sections 12 to 14, which deals with
constitution of Central Information Commission, its terms of
office, conditions of service and procedure for removal in
respect of the Chief Information Commissioner or the
Information Commissioner.
Chapter-IV contains Sections 15 to 17, which similarly deals
with constitution of State Information Commission at State
level, its terms of office, conditions of service and procedure
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for removal in respect of the State Chief Information
Commissioner or the State Information Commissioner.
Chapter-V contains Sections 18 to 20, which describes the
powers and functions of such commissions, procedure for
appeal and power to impose penalties.
Chapter-VI contains Sections 21 to 31, which contains
miscellaneous provisions wherein Section 22 gives
overriding effect to the provisions of this Act over any other
law for the time being in force. Section 23 puts a bar on
jurisdiction of Courts. Section 24 makes provisions for
exemptions of certain intelligence and security
organizations, which are specified in Second Schedule, from
the provisions of this Act except information pertaining to the
allegations of corruptions and human rights violationst.
Sections 27 and 28 empower the appropriate Government
and competent authority respectively to make rules.
The First Schedule contains form of oath or affirmation to be
made by the Chief Information commissioner/The
Information Commissioner/The State Chief Information
Commissioner/The State Information Commissioner.
The Second Schedule contains the list of 22 intelligence and
security organizations which are exempted from the
provisions of this Act except information pertaining to the
allegations of corruptions and human rights violations.
“Preamble” alongwith the “Statement of Objects and Reasons”
pertaining to any enactment/legislation are evidence of legislative intent
and key to enable proper interpretation of legislation. They indicate the
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thought process of the elected representatives of the people and their
cognizance of the prevalent state of affairs, impelling them to enact the
law. These, therefore constitute important factors which amongst other
factors will be taken into consideration by the Court in judging the
reasonableness of any restriction imposed on the Fundamental Rights
of the individuals. The Statement of Objects and Reasons and the
Preamble of an Act opens the mind of the makers in enacting the law.
However, these are to be looked into as an extrinsic aid to find out
legislative intent only when the meaning of the statute by its ordinary
language is obscure or ambiguous77. Where the language of the Act is
clear, the Preamble cannot be invoked to curtail or restrict the scope of
the enactment but where the object or meaning of an enactment is not
clear, the Preamble may be resorted to explain it78.
The “Statement of objects and reasons” appended to the
“Preamble” state the following reasons for enactment of this Act:-
Democracy requires an informed citizenry and transparency
of information.
Informed citizenry and transparency of information are vital
to functioning of democracy, to contain corruption and to
hold Governments and their instrumentalities accountable to
those who are governed.
Revelation of information in actual practice is likely to
conflict with other public interests.
77 Ram Kataria, Shorter Commentary on The Right to Information Act 2005, 1st Ed. 2010, India Law House, New Delhi, p.34 78 State of Karnataka V. Shri Ranganatha Reddy, AIR 1978 SC 215; Secretary, Regional Transport Authority V. D.P. Sharma, AIR 1989 SC 509; Minerva Mills Ltd. V. Union of India, AIR 1980 SC 1789; Munishwar Dutt Pandey V. Ramjeet Tiwari, AIR 1997 SC 1571; His Holiness Keshvananda Bharti V. State of Kerala, AIR 1973 SC 1461.
[106]
It is necessary to harmonize these conflicting interests while
preserving the paramountacy of the democratic ideal.
It is expedient to provide for furnishing certain information to
citizens who desire to have it.
For the reasons mentioned above, the “Preamble of Right to
Information Act” states the following objectives of the Act:-
For setting out the practical regime of right to information for
citizens;
To secure access to information under the control of public
authorities, in order to
Promote transparency and
Accountability
in the working of every public authority;
Constitution of a Central Information Commission and State
Information Commissions; and
For matter connected therewith or incidental thereto.
6.1 WHAT IS `INFORMATION’ AND `RIGHT TO INFORMATION’
Right to Information Act provides that all citizens shall have the
right to information (Section-3 refers). Information according to its
Section-2(f) means:-
Any material in any form,
Records,
Documents,
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Memos,
E-mails,
Opinions,
Advices,
Press releases,
Circulars,
Orders,
Logbooks,
Contracts,
Reports,
Papers,
Samples,
Models,
Data material held in any electronic form, and
Information relating to any private body which can be
accessed by a public authority under any other law for the
time being in force.
Right to information, according to its Section-2(f) means:-
Right to have information which is held by or under the
control of any public authority;
Right to inspection of work, documents, records;
Right to taking notes, extracts or certified copies of
documents or records;
Right to taking certified samples of material;
Right to obtaining information in the form of diskettes,
floppies, taps, video cassettes or in any other electronic
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mode or through printouts where such information is stored
in a computer or in any other device.
6.2 WHO CAN ASK INFORMATION
Under section 6(1) of the Act, any person can make a request for
obtaining any information. The word “person” as mentioned in section
6(1) is not defined in the Act. Therefore, help of other
statutes/legislations is required to understand the meaning of the word
`person’. Based on the definitions given in Section-11 of Indian Penal
Code, Section-3(42) of the General Clauses Act, Section-4 of
Partnership Act, Income Tax Act and Oxford Dictionary, the word
`person’ includes the following:-
(a) Any human being, whether man, woman or child.
(b) A group of human beings like a corporation, a partnership,
an estate or other legal entity.
(c) Any artificial person or juristic person recognized by law as
having rights and duties.
6.3 PROCEDURE FOR SEEKING INFORMATION
The request for seeking the information under the Act can be
made:-
(a) In writing or
(b) Through electronic means
(c) In English or in Hindi or in the official language of the area in
which the application is being made.
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The request can be made to:-
(a) The Central Public Information Officer (CPIO), or
(b) The Stat Public Information Officer (SPIO), or
(c) The Central Assistant Public Information Officer (CAPIO), or
(d) The State Assistant Public Information Officer (SAPIO).
Where the person concerned is not able to make a request in
writing, the concerned Information Officers should render all reasonable
assistance to the person making the request orally to reduce the same
in writing. The person making the request is not required to give any
`reason’ for requesting the information nor any other personal details
except that which would be necessary for, contacting him.
Application for seeking information under this Act requires an
application fee of Rupees ten. The mode of payment of fee is different
in different states as well as Central Government. As far as Central
government offices are concerned, the fee can be paid by the following
modes as mentioned in the “Right to Information (Regulation of Fee and
Cost) Rules, 2005”:-
(a) By way of cash; or
(b) By demand draft; or
(c) By banker’s cheque; or
(d) By Indian Postal Order.
In the Madhya Pradesh, the fee is required to be paid through
Non-judicial Stamp Paper of ten rupees. However, no application fee is
[110]
required to be paid by the persons below poverty line (BPL). Apart
from application fee, cost of information is also charged from the
applicant at the following rates under the Right to Information
(Regulation of Fee and Cost) Rules, 2005 for providing him
information:-
(a) Rupees two for each page in A-4 or A-3 size paper created
or copied;
(b) Actual charge or cost price of a copy in larger size paper;
(c) Actual cost or price for samples or models, and
(d) For inspections of records, no fee is charge for the first hour
and a fee of rupees five for each subsequent hour (or
fraction thereof).
(e) For information provided in diskette or floppy, rupees fifty
per diskette or floppy; and
(f) For information provided in printed form at the price fixed for
such publication or rupees two per page of photocopy for
extracts from such publication.
On receipt of application along with prescribed fee, the
information will be provided to the applicant under Section 7 of the Act
by CPIO or SPIO as the case may be, with a prescribed period of thirty
days. If information pertains to the life and liberty of any personnel, the
information will be provided to the applicant within forty eight hours. If
application under R.T.I. Act is made to CAPIO or SAPIO, a period of
five days shall be added in the prescribed period of thirty days.
[111]
6.4 DESIGNATION OF CPIO/SPIO/CAPIO/SAPIO
Every public authority under Central Government shall, within one
hundred days of the enactment of this Act, designate Central Public
Information Officers (CPIO) in all administrative units or offices under it
to provide information to persons requesting for the information under
this Act; an officer at each sub-divisional level or other sub-district level
as a Central Assistant Public Information Officer (CAPIO) to receive the
applications for information or appeals under this Act.
Similarly, every public authority under State Government shall,
within one hundred days of the enactment of this Act, designate State
Public Information Officers (SPIO) in all administrative units or offices
under it to provide information to persons requesting for the information
under this Act; an officer at each sub-divisional level or other sub-district
level as a State Assistant Public Information Officer (SAPIO) to receive
the applications for information or appeals under this Act.
These CPIO or SPIO may also seek assistance of any other
officer as considered necessary for the proper discharge of their duties.
When such assistance is sought from any officer; that officer shall also
be deemed as CPIO or SPIO.
6.5 WHAT INFORMATION IS EXEMPTED FROM DISCLOSURE
Under Section 8 of the R.T.I. Act, the public authority shall have
no obligation to give information which falls under any of the following
clause:-
(a) Information, disclosure of which would prejudicially affect
the sovereignty and integrity of India, the security, strategic,
[112]
scientific or economic interests of the State, relation with
foreign State or lead to incitement of an offence;
(b) Information which has been expressly forbidden to be
published by any Court of law or Tribunal or the disclosure
of which may constitute contempt of Court;
(c) Information, the disclosure of which would cause a breach
of privilege of Parliament or the State Legislature;
(d) Information including commercial confidence, trade secrets
or intellectual property, the disclosure of which would harm
the competitive position of a third party, unless the
competent authority is satisfied that larger public interest
warrants the disclosure of such information;
(e) Information available to a person in his fiduciary
relationship, unless the competent authority is satisfied that
the larger public interest warrants the disclosure of such
information;
(f) Information received in confidence from foreign
Government;
(g) Information, the disclosure of which would endanger the life
or physical safety of any person or identify the source of
information or assistance given in confidence for law
enforcement or security purposes;
(h) Information which would impede the process of investigation
or apprehension or prosecution of offenders;
[113]
(i) Cabinet papers including records of deliberations of the
Council of Ministers, Secretaries and other officers;
(j) Information which relates to personal information the
disclosure of which has no relationship to any public activity
or interest, or which would cause unwarranted invasion of
the privacy of the individual unless the CPIO or SPIO or the
appellate authority, as the case may be, is satisfied that the
larger public interest justifies the disclosure of such
information.
Where a CPIO or a SPIO, as the case may be, intends to disclose
any information or record, or part thereof, which relates to or has been
supplied by a “third party” and has been treated as confidential by that
“third party”, the CPIO or SPIO will provide an opportunity of hearing to
that “third party” under Section 11 of Act. Even after hearing that “third
party” the CPIO or SPIO intends to disclose the information, the CPIO
or SPIO will give that “third party” a notice in writing of his decision.
This notice shall include a statement that the “third party” is entitled to
prefer an appeal. If that “third party” prefers an appeal, the CPIO or
SPIO will held his decision in abeyance till disposal of appeal. Thus,
the interests of third party are adequately protected in this Act.
Under Section 9 of Act CPIO or SPIO may reject a request for
information where such a request for providing access would involve an
infringement of copyright subsisting in a person other than the State.
6.6 SEVERABILITY CLAUSE
Where information asked is of such nature that part of it can be
disclosed under the Act and remaining part of it is exempted either
under Section 8 or Section 9, then access may be provided to that part
[114]
of the record under Section 10 which does not contain any information
which is exempt from disclosure and which can reasonable by severed
from the part that contains exempt information.
6.7 PROVISION OF APPEAL IN CASE REFUSAL OF INFORMATION
OR DEEMED REFUSAL OF INFORMATION
Where CPIO/SPIO refuses to provide information or does not
provide information within the prescribed time limit (known as deemed
refusal), there is a provision for Appeal in the Act. Under Section 19
(1), the First Appeal can be preferred within thirty day to such officer
who is senior in the rank (called as First Appellate Authority) to
CPIO/SPIO in each public authority. The First Appellate may admit the
appeal even after the expiry of thirty days if he/she is satisfied that the
appellant was prevented by sufficient cause from filing the appeal in
time. The First Appellate Authority shall dispose the appeal within thirty
days of its receipt or within such extended period not exceeding a total
of forty-five days. Though no fee is prescribed for filing First Appeal in
Central Government Offices but a fee of Rs. 50/- is to required be paid
through Non-judicial Stamp Paper in Madhya Pradesh State
Government Offices for filing First Appeal before SIC. However, no fee
is required for filing First Appeal by the persons below poverty line
(BPL).
Second Appeal can be preferred under Section 19(3) to Central
Information Commission (CIC) or State Information Commission (SIC)
against the decision of First Appellate Authority within ninety days.
However, CIC or SIC may admit appeal even after the expiry of ninety
days if he/she is satisfied that the appellant was prevented by sufficient
cause from filing the appeal in time. Though no fee is prescribed for
filing Second Appeal in CIC or other states SICs but a fee of Rs. 100/-
[115]
is to required be paid through Non-judicial Stamp Paper in Madhya
Pradesh for filing Second Appeal before Madhya Pradesh SIC.
However, no fee is required for filing Second Appeal by the persons
below poverty line (BPL). There is no time limit prescribed for disposal
of Second Appeal at CIC or SIC.
6.8 CONSTITUTION OF CENTRAL INFORMATION COMMISSION AND
STATE INFORMATION COMMISSION
Under Section 12 the Central Government shall constitute a body
known as Central Information Commission (CIC) with its headquarters
at Delhi to exercise the powers conferred on, and to perform the
functions assigned to it under R.T.I. Act for the Central Government
offices. The Chief Information Commission shall consist of :-
(a) The Chief Information Commissioner and
(b) Upto ten Central Information Commissioners.
Consequently, the Central Government has constituted CIC with
Mr. Wajahatullah as first Chief Information Commissioner.
Under Section 15 every State Government shall constitute a body
known as (Name of the State) Information Commission (CIC) with its
headquarters at the place notified by State Government in the official
gazette, to exercise the powers conferred on, and to perform the
functions assigned to it under R.T.I. Act for the State Government
offices. The State Information Commission shall consist of :-
(c) The State Chief Information Commissioner and
(d) Upto ten Information Commissioners.
[116]
Consequently, the Madhya Pradesh Government has constituted
Madhya Pradesh State Information Commission with its headquarters at
Bhopal and appointed Mr. P.P. Tiwari as first State Chief Information
Commissioner.
6.9 POWERS AND FUNCTIONS OF INFORMATION COMMISSIONS
Under Section 18 of Act, the CIC or SIC may receive and inquire
into a complaint on the following matters:-
(a) That no CPIO or SPIO has been appointed under this Act by
any public authority.
(b) That CPIO/SPIO or CAPIO/SAPIO has refused to accept
any R.T.I. application.
(c) That CPIO/SPIO has asked an unreasonable amount of fee.
(d) That applicant has been given incomplete, misleading or
information.
Under Section 19(3) the CIC/SIC can hear Second Appeal against
order or decision of First Appellate Authority.
While enquiring into any complaint or hearing Second Appeal,
CIC or SIC shall have the same powers as are vested in a Civil Court
while trying a suit under the Code of Civil Procedure 1908 (5 of 1908) in
respect of the following matters, namely:-
(a) Summoning and enforcing the attendance of persons and
compel them to give oral or written evidence on oath and to
produce the documents or things;
[117]
(b) Requiring the discovery and inspection of documents;
(c) Requiring evidence on affidavit;
(d) Requisitioning any public record or copies thereof from any
Court or office;
(e) Issuing summons for examination of witnesses or
documents; and
(f) Any other matter which may be prescribed.
(g) To examine any record to which this Act applies, which is in
the control of the public authority. No such record shall be
withheld from it on any grounds.
While hearing Second Appeal, the CIC or SIC under Section 19(8)
has power to:-
(a) Require the public authority to take any such steps as may
be necessary to secure compliance with the provisions of
this Act, including-
(i) By providing access to information in a particular form.
(ii) By appointing a CPIO or SPIO, as the case may be.
(iii) By publishing certain information or categories of
information
(iv) By making necessary changes to its practices in
relation to the maintenance, management and
destruction of records.
[118]
(v) By enhancing the provision of training on the right to
information for its officials.
(vi) By providing it with an annual report of 17 points
information as mentioned in Section 4(1)(b).
(b) Require the public authority to compensate the complainant
for any loss or other detriment suffered.
(c) Reject the application.
(d) Impose penalties under Section 20 of the Act. Where CIC
or SIC at the time of deciding any complaint or appeal may
impose a penalty of two hundred and fifty rupees each day
till information is furnished (upto a maximum amount of
twenty-five thousand) in the following circumstances:-
(i) When CPIO or SPIO without any reasonable cause
refused to receive an application.
(ii) When CPIO or SPIO without any reasonable cause
has not furnished information to the applicant within
the specified time limit.
(iii) When CPIO or SPIO has malafidely denied the
request for information.
(iv) When CPIO or SPIO has knowingly given incorrect,
incomplete or misleading information.
(v) When CPIO or SPIO has destroyed information which
was the subject of the request.
[119]
(vi) When CPIO or SPIO obstructed in any manner in
furnishing the information.
CIC or SIC while imposing penalties in the above mentioned
circumstances, may also recommend for disciplinary action
against the CPIO or SPIO under the service rules applicable to
him.
6.10 MISCELLANEOUS PROVISIONS
Section 21 of Act protects the officials and persons from any suit,
prosecution or other legal proceedings for anything which is done in
good faith or intended to be done in good faith under the Act or any rule
made thereunder.
Section 22 of Act gives the overriding effect to this Act over any
other law and over any instrument which has the force of law. If
anything contained in any other law or in any instrument having force of
law which is inconsistent of Right to Information Act 2005, the
provisions of Right to Information Act 2005 will have overriding effect
means provisions of Right to Information will prevail upto the extent of
inconsistency.
Section 23 bars the jurisdiction of Courts. No Court shall
entertain any suit, application or other proceedings in respect of any
order made under this Act and no such order shall be called in question
otherwise than by way of an appeal under this Act. However, this
section does not and cannot bar the writ jurisdiction of High Courts
under the powers of judicial review or writ jurisdiction of Supreme Court
under the power of judicial review or petition by special leave, because
these powers of High Courts and Supreme Court is derived from the
Constitution.
[120]
Section 24 of the Act empowers the Central Government and
State Government to excluding certain intelligence and security
organization from the purview of this Act by placing them in Second
Schedule. However, allegations for corruption and human rights
violation in respect of this intelligence and security organizations shall
not be excluded from the purview of this Act. As on date, the
undermentioned twenty two intelligence and security organizations are
excluded from the purview of this Act:-
(1) Intelligence Bureau.
(2) Research and Analysis Wing of the Cabinet Secretariat.
(3) Directorate of Revenue Intelligence.
(4) Central Economic Intelligence Bureau.
(5) Directorate of Enforcement.
(6) Narcotics Control Bureau.
(7) Aviation Research Centre.
(8) Special Frontier Force.
(9) Border Security Force.
(10) Central Reserve Police Force.
(11) Indo-Tibetan Border Police.
(12) Central Industrial Security Force.
(13) National Security Guards.
(14) Assam Rifles.
[121]
(15) Sashashtra Seema Bal.
(16) Special Branch (CID), Andaman and Nicobar
(17) The Crime Branch-C.I.D.-CB, Dadra and Nagar Haveli.
(18) Special Branch, Lakshadweep Police.
(19) Special Protection Group.
(20) Defence Research and Development Organization.
(21) Border Road Development Board.
(22) Financial Intelligence Unit, India.
Section 25 of the Act requires the Central Information
Commission and State Information Commissions to prepare a report on
the implementation of the provisions of this Act during that year and
forward a copy thereof to the appropriate Government. Each Ministry
or Department shall, in relation to the public authorities within their
jurisdiction, collect and provide such information to the Central
Information Commission and State Information Commission, which is
required to prepare the report.
Section 26 of the Act provides that the Government may, to the
extent of availability of financial and other resources, develop and
organize educational programmes to advance the understanding of the
public and disadvantaged communities about the exercise of their rights
under the Act; to encourage public authorities to participate in the
development and organization of programmes; promote timely and
effective dissemination of accurate information by public authorities;
and train CPIOs or SPIOs.
[122]
Sections 27, 28 and 29 of the Act empower the Government and
Competent authority to make the rules and lay down the procedure for
making rules. In exercise of powers conferred by Section 27, the
Central Government has made “Right to Information (Regulation of Fe
and Cost) Rules, 2005” and “Central Information Commission (Appeal
Procedure) Rules, 2005”.
Section 30 of the Act empowers the Central Government to make
provisions, if required, within a period to years to remove the difficulties
which arise in giving effect to the provisions of this Act. Section 31 of
the Act repeals the “Freedom of Information Act, 2002”.
Thus, it can be seen that Right to Information Act is a complete
Code in itself because it contains both types of laws i.e. Substantive
Law and Procedural Law. Sections - 3, 4, 8, 9, 18, 19 and 20 of Act
deal with substantive law while sections – 5, 6, 7, 10 and 11 deal with
procedural law.
[123]
CHAPTER – SEVEN
DUTIES/OBLIGATIONS OF
GOVT. BODIES TOWARDS
IMPLEMENTATION OF RIGHT
TO INFORMATION ACT
[124]
CHAPTER – SEVEN
DUTIES/OBLIGATIONS OF GOVT. BODIES TOWARDS
IMPLEMENTATION OF RIGHT TO INFORMATION ACT
Right to Information Act has put certain specific obligations on the
Central Government and State Governments towards implementation of
this Act. It also casts certain specific duties on various
government/statutory bodies. These duties are statutory in nature,
which means, legal recourse can be taken to enforce these duties.
Since, assignment of duty without giving adequate power to their
fulfillment is meaningless, therefore this Act also specifies powers given
to these government/statutory bodies.
7.1 OBLIGATIONS ON CENTRAL GOVERNMENT
The Act casts following ten obligations on Central Government:-
(1) Constitution of a body known as the Central Information
Commission at Delhi to perform the functions assigned to
them under the Act by exercising the powers conferred on
them under the Act.
(2) Appointment of one Chief Information Commissioner and
upto ten Information Commissioners in Central Information
Commission.
(3) Providing the Chief Information Commissioner and the
Information Commissioners with such officers and
employees as may be necessary for the efficient
performance of their functions under this Act.
[125]
(4) To prescribe the salary, allowances, terms and conditions of
service of the officers and other employees appointed for
the purpose of this Act.
(5) To add or delete name of any intelligence or security
organization into or from the Second Schedule.
(6) To cause a copy of report of the Central Information
Commission to be laid before each House of Parliament
after the end of each year.
(7) To develop and organize educational programmes to
advance the understanding of the public, in particular of
disadvantaged communities as to how to exercise the rights
contemplated under this Act.
(8) To encourage public authorities to participate in the
development and organization of such programmes.
(9) To promote timely and effective dissemination of accurate
information by public authorities about their activities.
(10) To train CPIOs of public authorities and produce relevant
training materials for use by the public authorities
themselves.
7.2 OBLIGATIONS ON STATE’S GOVERNMENT
There are nine obligations upon State Governments under this
Act, which are as follows:-
[126]
(1) Constitution of a body known as the State Information
Commission to perform the functions assigned to them
under the Act within the respective State.
(2) Appointment of one State Chief Information Commissioner
and upto ten State Information Commissioners in State
Information Commission.
(3) Providing the State Chief Information Commissioner and the
State Information Commissioners with such officers and
employees as may be necessary for the efficient
performance of their functions under this Act.
(4) To prescribe the salary, allowances, terms and conditions of
service of the officers and other employees appointed for
the purpose of this Act.
(5) To cause a copy of report of the State Information
Commission to be laid before the State Legislature after the
end of each year.
(6) To develop and organize educational programmes to
advance the understanding of the public, in particular of
disadvantaged communities as to how to exercise the rights
contemplated under this Act.
(7) To encourage public authorities to participate in the
development and organization of such programmes.
(8) To promote timely and effective dissemination of accurate
information by public authorities about their activities.
[127]
(9) To train SPIOs of public authorities and produce relevant
training materials for use by the public authorities
themselves.
7.3 DUTIES ON PUBLIC AUTHORITIES
Every public authority is assigned the following duties under the
Act:-
(1) To maintain all its records duly catalogued and indexed in a
prescribed manner; to computerize them and connect them
through a network all over the country.
(2) Proactive voluntary disclosure of following 17 points
information at regular intervals through various means of
communications, including internet, so that the public have
minimum resort to the use of this Act to obtain information:-
(i) The particulars of its organization, functions and
duties.
(ii) The powers and duties of its officers and employees.
(iii) The procedure followed in the decision making
process, including channels of supervision and
accountability.
(iv) The norms set by it for the discharge of its functions.
(v) The rules, regulations, instructions, manuals and
records, held by it or under its control or used by its
employees for discharging its functions.
[128]
(vi) A statement of the categories of documents that are
held by it or under its control.
(vii) The particulars of any arrangement that exists for
consultation with, or representation by, the members
of the public in relation to the formulation of its policy
or implementation thereof.
(viii) A statement of the boards, councils, committees and
other bodies consisting of two more persons
constituted as its part or for the purpose of its advice,
and as to whether meetings of those boards, councils,
committees and other bodies are open to the public,
or the minutes of such meetings are accessible for
public.
(ix) A directory of its officers and employees.
(x) The monthly remuneration received by each of its
officers and employees, including the system of
compensation as provided in its regulations.
(xi) The budget allocated to each of its agency, indicating
the particulars of all plans, proposed expenditures and
reports on disbursements made.
(xii) The manner of execution of subsidy programmes,
including the amounts allocated and the details of
beneficiaries of such programmes.
(xiii) Particulars of recipients of concessions, permits or
authorizations granted by it.
[129]
(xiv) Details in respect of the information, available to or
held by it, reduced in an electronic form.
(xv) The particulars of facilities available to citizens for
obtaining information, including the working hours of a
library or reading room, if maintained for public use.
(xvi) The names, designations and other particulars of the
Public Information Officers.
(xvii) Updating this information as mentioned from
paragraph (i) to (xvi) above every year.
(3) To designate Central Public Information Officer or State
Public Information Officer, as the case may be, in all
administrative units or offices.
(4) To designate an officer at each sub-divisional level or other
sub-district level as a Central Assistant Public Information
Officer or a State Assistant Public Information Officer to
receive RTI applications or Appeals.
7.4 DUTIES OF CPIOS/CAPIOS/SPIOS/SAPIOS
The CPIOs/SPIOs are responsible for the following under the
Act:-
(1) To deal with requests from persons seeking information
through RTI applications.
(2) To render reasonable assistance to the persons seeking
such information.
[130]
(3) To secure the interests of third party while disposing RTI
applications.
The CAPIO/SAPIO is assigned the duty of receiving RTI
applications or appeals from the applicant and forwarding them to
CPIO/SPIO or First Appellate Authority or CIC/SIC, as the case may be.
7.5 DUTIES OF FIRST APPELLATE AUTHORITY
The sole duty cast upon First Appellate Authority under the Act is
to hear First Appeal. An appeal may arise out from the decision of
CPIO/ SPIO or deemed refusal by them. An appeal may also arise out
from the decision of CPIO/SPIO where the interests of third party are
involved. Normally, two parties are presumed to be involved in an RTI
application viz. one the applicant who is seeking the information,
second CPIO/SPIO who is responsible to deal with RTI application.
But, one more party may be involved, i.e. one in respect of whom
information is being asked. This party is called “third party”. Adequate
provisions are made in the Right to Information Act to secure the
interests of “third party”.
7.6 DUTIES OF CIC/SIC
The CIC and SIC are assigned with the following duties under the
Act :-
(1) To deal with Second Appeal.
(2) To deal with Complaints.
(3) To lay the annual report before the Parliament in case of
C.I.C. and before the legislative assembly in case of the
S.I.C.
[131]
CHAPTER – EIGHT
STUDY OF AWARENESS OF
RIGHT TO INFORMATION ACT
IN GWALIOR CITY
[132]
CHAPTER – EIGHT
STUDY OF AWARENESS OF RTI IN GWALIOR CITY
After obtaining the raw data from the field through referred
methods and techniques, the next step is to tabulate the collected data
in such a way that facilitates the testing of hypotheses and thereafter
test the hypotheses.
Testing of Hypotheses
H1 : Higher education increases R.T.I. awareness
To test this hypothesis, the respondents were grouped into two
groups. High educated group contained people whose educational
qualification is High School (10th standard) or more. Low educated
group contained people whose educational qualification is below High
School (10th standard); this group includes illiterate people too. The
data, grouped accordingly, is then tabulated below to test this
hypothesis:-
Table-1
Awareness of RTI Act on the basis of education
Total respondents = 300
Level of Awareness Total
High Average Low
High
Educated 21 94 35 150
Low
Educated 1 35 114 150
Total 22 129 149 300
Out of 300 people, RTI awareness of high level is found in 22
people; among whose 21 are from High educated group and 01 is from
Low educated group. RTI awareness of average level is found in 129
people; among whose 94 are from High educated group and 35
from Low educated group. RTI awarness of low level is found in 149
people; among whose 35 are from High educated group and 114 are
from Low educated group.
Comparision of awareness of RTI Act on the basis of education
0
20
40
60
80
100
120
High
Level of RTI awareness
21
1
[133]
Out of 300 people, RTI awareness of high level is found in 22
people; among whose 21 are from High educated group and 01 is from
Low educated group. RTI awareness of average level is found in 129
people; among whose 94 are from High educated group and 35
from Low educated group. RTI awarness of low level is found in 149
people; among whose 35 are from High educated group and 114 are
from Low educated group.
Figure – 1
Comparision of awareness of RTI Act on the basis of education
High Average Low
Level of RTI awareness
High Educated Group
Low Educated Group
35
114
35
94
Out of 300 people, RTI awareness of high level is found in 22
people; among whose 21 are from High educated group and 01 is from
Low educated group. RTI awareness of average level is found in 129
people; among whose 94 are from High educated group and 35 are
from Low educated group. RTI awarness of low level is found in 149
people; among whose 35 are from High educated group and 114 are
Comparision of awareness of RTI Act on the basis of education
High Educated Group
Low Educated Group
[134]
Table-2
Awareness of RTI Act on the basis of education (in percentage)
Level of Awareness
High Average Low
High
Educated 14% 62.67% 23.33%
Low
Educated 0.67% 23.33% 76%
Total 7.33% 43% 49.67%
It is seen from above table that RTI awareness of high level is
found in 7.33% people; among whose 14% are from High educated
group and 0.97% is from Low educated group. RTI awareness of
average level is found in 43% people; among whose 62.67% are from
High educated group and 23.33% are from Low educated group. RTI
awarness of low level is found in 49.67% people; among whose 23.33%
are from High educated group and 76% are from Low educated group.
Figure 2 - High Educated Group Figure 3 - Low Educated Group
High
Average
Low
High
Average
Low
62.67%
23.33% 14% 0.97%
23.33%
76%
[135]
Table No. 3
Table showing comparative results of
awareness on basis of education
Total respondents = 300
High Educated Group = 150
Low Educated Group = 150
Awareness Level Value
of Chi-
Square
Degree
of
freedom
Table
value
of Chi-
Square
High Average Low Total
High
Educated
Group
21 94 35 150
87.048 2 9.210 Low
Educated
Group
1 35 114 150
Total 22 129 149 300
For P>0.01 Calculation of Chi-square ( X2) value :
Expected frequency fe for (fo=21) = Total of row x total of column/Grand Total
= 150 x 22/300 = 3300/300
= 11
Expected frequency fe for (fo=1) = Total of row x total of column/Grand Total
= 150 x 22/300 = 3300/300
= 11
Expected frequency fe for (fo=94) = Total of row x total of column/Grand Total
= 150 x 129/300 = 19350/300
= 64.50
Expected frequency fe for (fo=35) = Total of row x total of column/Grand Total
= 150 x 129/300 = 19350/300
= 64.50
[136]
Expected frequency fe for (fo=35) = Total of row x total of column/Grand Total
= 150 x 149/300 = 22350/300
= 74.50
Expected frequency fe for (fo=114) = Total of row x total of column/Grand Total
= 150 x 149/300 = 22350/300
= 74.50
fo fe (fo- fe)2 (fo- fe)
2 / fe
21
1
94
35
35
114
11
11
64.50
64.50
74.50
74.50
100
100
870.25
870.25
1560.25
1560.25
9.090
9.090
13.492
13.492
20.942
20.942
X2= 87.048
Degrees of freedom = (r-1)(c-1) = (2-1) (3-1) = 1 x 2 = 2
For P>0.01 (1% level of significance)
Since the calculated value of X2 is more than the table value for 2
d.f. at 1% significance, the difference is significant. Hence, there exists
significant difference of level of RTI awareness between High Educated
Group and Low Educated Group. In other words, there is significant
difference of level of RTI awareness on basis of education. It is clear
from the table No. 1 & 2 as well as from figure No. 1, 2 & 3, that RTI
awareness is higher in High educated group, which means that “ Higher
[137]
education increases the RTI awareness”. Hence, Hypothesis H1 is
accepted.
H2 : High status in society increases R.T.I. awareness.
To test this hypothesis, the respondents were grouped into three
groups viz. High social status, Medium social status and Low social
status. The data, grouped accordingly, is then tabulated below to test
this hypothesis:-
Table-4
Awareness of RTI Act on the basis of Social Status
Total respondents = 300
Social
Status
Level of Awareness Total
High Average Low
High 8 35 22 65
Medium 12 57 46 115
Low 2 37 81 120
Total 22 129 149 300
Out of 300 people, RTI awareness of high level is found in 22
people; among whose 08 having High social status, 12 having Medium
social status and 02 having Low social status. RTI awareness of
average level is found in 129 people; among whose 35 having High
social status, 57 having Medium social status and 37 having Low social
status. RTI awarness of low level is found in 149 people; among whose
22 having High social status, 46 having Medium social status and 81
having Low social status.
[138]
Figure – 4
Awareness of RTI Act on the basis of Social Status
Table-5
Awareness of RTI Act on the basis of Social Status
(in percentage)
Social
Status
Level of Awareness
High Average Low
High 12.30% 53.84% 33.84%
Medium 10.44% 49.56% 40%
Low 1.67% 30.83% 67.5%
Total 7.33% 43% 49.67%
It is seen from above table that RTI awareness of high level is
found in 7.33% people; among whose 12.30% having High social
0
10
20
30
40
50
60
70
80
90
High Average Low
High Social Status
Medium Social Status
Low Social Status
37
2
8
12
57
46
22
35
81
[139]
status, 10.44% having Medium social status and 1.67% having Low
social status. RTI awareness of average level is found in 43% people;
among whose 53.84% having High social status, 49.56% having
Medium social status and 30.83% having Low social status. RTI
awarness of low level is found in 49.67% people; among whose 33.84%
having High social status, 40% having Medium social status and 60.5%
having Low social status.
Figure 5 - High Social Status Figure 6 - Medium Social Status
Figure 7 - Low Social Status
High
Average
Low
High
Average
Low
High
Average
Low
53.84%
33.84% 12.30%
10.44%
49.56% 40%
1.67%
67.5%
30.83%
[140]
Table No. 6
Table showing comparative results of
awareness on basis of Social Status
Total respondents = 300
High Social Status = 65
Medium Social Status = 115
Low Social Status = 120
Social
Status
Awareness Level Value
of Chi-
Square
Degree
of
freedom
Table
value
of Chi-
Square
High Average Low Total
High 8 35 22 65
29.153 4 13.277 Medium 12 57 46 115
Low 2 37 81 120
Total 22 129 149 300
For P>0.01
Calculation of Chi-square ( X2) value :
Expected frequency fe for (fo=8) = Total of row x total of column/Grand Total
= 65 x 22/300 = 1430/300
= 4.76
Expected frequency fe for (fo=12) = Total of row x total of column/Grand Total
= 115 x 22/300 = 2530/300
= 8.43
Expected frequency fe for (fo=2) = Total of row x total of column/Grand Total
= 120 x 22/300 = 2640/300
= 8.8
Expected frequency fe for (fo=35) = Total of row x total of column/Grand Total
= 65 x 129/300 = 8385/300
= 27.95
[141]
Expected frequency fe for (fo=57) = Total of row x total of column/Grand Total
= 115 x 129/300 = 14835/300
= 49.45
Expected frequency fe for (fo=37) = Total of row x total of column/Grand Total
= 120 x 129/300 = 15480/300
= 51.6
Expected frequency fe for (fo=22) = Total of row x total of column/Grand Total
= 65 x 149/300 = 9685/300
= 32.28
Expected frequency fe for (fo=46) = Total of row x total of column/Grand Total
= 115 x 149/300 = 17135/300
= 57.11
Expected frequency fe for (fo=81) = Total of row x total of column/Grand Total
= 120 x 149/300 = 17880/300
= 59.6
fo fe (fo- fe)2 (fo- fe)
2 / fe
8
12
2
35
57
37
22
46
81
4.76
8.43
8.8
27.95
49.45
51.6
32.28
57.11
59.6
10.497
12.745
46.24
49.703
57.003
213.16
105.678
123.432
457.96
2.205
1.512
5.255
1.778
1.153
4.131
3.274
2.161
7.684
X2= 29.153
[142]
Degrees of freedom = (r-1)(c-1) = (3-1) (3-1) = 2 x 2 = 4
For P>0.01 (1% level of significance)
Since the calculated value of X2 is more than the table value for 4
d.f. at 1% significance, the difference is significant. Hence, there exists
significant difference of level of RTI awareness between respondents of
High Social Status, Medium Social Status and Low Social Status. In
other words, there is significant difference of level of RTI awareness on
basis of social status. It is clear from the table No. 4 & 5 as well as from
figure No. 4, 5, 6 & 7, that RTI awareness is higher in people from High
social status, followed by people of Medium social status and lowest in
people from Low social status, which means that “ High status in society
increases the RTI awareness”. Hence, Hypothesis H2 is accepted.
H3 : Employment increases R.T.I. awareness.
To test this hypothesis, the respondents were grouped into two
groups viz. employed and unemployed. The data, grouped
accordingly, is then tabulated below to test this hypothesis:-
Table-7
Awareness of RTI Act on the basis of Employment
Total respondents = 300
Employment
Status
Level of Awareness Total
High Average Low
Employed 17 49 39 105
Unemployed 5 80 110 195
Total 22 129 149 300
[143]
Out of 300 people, RTI awareness of high level is found in 22
people; among whose 17 are employed and 05 are unmployed. RTI
awareness of average level is found in 129 people; among whose 49
are employed and 80 are unemployed. RTI awarness of low level is
found in 149 people; among whose 39 are employed and 110 are
unemployed.
Figure - 8
Awareness of RTI Act on the basis of Employment
Table-8
Awareness of RTI Act on the basis of Employment
(in percentage)
Employment
Status
Level of Awareness
High Average Low
Employed 16.19% 46.67% 37.14%
Unemployed 2.56% 41.02% 56.42%
Total 7.33% 43% 49.67%
0
20
40
60
80
100
120
High Average Low
Employed
Unemployed
17
5
80
110
39
49
[144]
It is seen from above table that RTI awareness of high level is
found in 7.33% people; among whose 16.19% are employed and 2.56%
are unemployed. RTI awareness of average level is found in 43%
people; among whose 46.67% are employed and 41.02% are
unemployed. RTI awarness of low level is found in 49.67% people;
among whose 37.14% are employed and 56.42% are unemployed.
Figure 9 - Employed Figure 10 - Unemployed
Table No. 9
Table showing comparative results of
awareness on basis of Employment
Total respondents = 300
Employment = 105
Unemployed = 195
Employment
Status
Awareness Level Value
of Chi-
Square
Degree
of
freedom
Table
value
of Chi-
Square
High Average Low Total
Employed 17 49 39 105
22.709 2 9.210 Unemployed 05 80 110 195
Total 22 129 149 300
High
Average
Low
High
Average
Low
46.67%
37.14% 16.19%
2.56%
41.02%
56.42%
[145]
For P>0.01
Calculation of Chi-square ( X2) value :
Expected frequency fe for (fo=17) = Total of row x total of column/Grand Total
= 105 x 22/300 = 2310/300
= 7.7
Expected frequency fe for (fo=05) = Total of row x total of column/Grand Total
= 195 x 22/300 = 4290/300
= 14.13
Expected frequency fe for (fo=49) = Total of row x total of column/Grand Total
= 105 x 129/300 = 13545/300
= 45.15
Expected frequency fe for (fo=80) = Total of row x total of column/Grand Total
= 195 x 129/300 = 25155/300
= 83.85
Expected frequency fe for (fo=39) = Total of row x total of column/Grand Total
= 105 x 149/300 = 15645/300
= 52.15
Expected frequency fe for (fo=110) = Total of row x total of column/Grand Total
= 195 x 149/300 = 29055/300
= 96.95
fo fe (fo- fe)2 (fo- fe)
2 / fe
17
5
49
80
39
110
7.7
14.13
45.15
83.85
52.15
96.95
86.49
83.357
14.823
14.823
172.923
170.303
11.232
5.899
0.328
0.177
3.316
1.757
X2= 22.709
[146]
Degrees of freedom = (r-1)(c-1) = (2-1) (3-1) = 1 x 2 = 2
For P>0.01 (1% level of significance)
Since the calculated value of X2 is more than the table value for 2
d.f. at 1% significance, the difference is significant. Hence, there exists
significant difference of level of RTI awareness between employed and
unemployed people. In other words, there is significant difference of
level of RTI awareness on basis of employment. It is clear from the
table No. 6 & 7 as well as from figure No. 8, 9 & 10 that RTI awareness
is higher in employed people than unemployed, which means that
“Employment increases the RTI awareness”. Hence, Hypothesis H3 is
accepted.
H4 : Age factor does not have considerable effect on R.T.I.
awareness.
To test this hypothesis, the respondents were grouped into five
age groups viz. 18-25, 25-35, 35-45, 45-55 & 55-above. The data,
grouped accordingly, is then tabulated below to test this hypothesis:-
Table-10
Awareness of RTI Act on the basis of Age
Total respondents = 300
Age Group Level of Awareness Total
High Average Low
18-25 6 37 48 91
25-35 6 38 46 90
35-45 5 27 26 58
45-55 4 18 21 43
55 & above 1 9 8 18
Total 22 129 149 300
[147]
Among 22 people of high RTI awareness, 06 are from 18-25 age
group, 06 are from 25-35 age group, 05 are from 35-45 age group, 04
are from 45-55 age group and 01 is above 55 years. Among 129
people of average RTI awareness, 37 are from 18-25 age group, 38
are from 25-35 age group, 27 are from 35-45 age group, 18 are from
45-55 age group and 9 are above 55 years. Among 149 people of
average RTI awareness, 48 are from 18-25 age group, 46 are from 25-
35 age group, 26 are from 35-45 age group, 21 are from 45-55 age
group and 08 are above 55 years.
Figure – 11
Awareness of RTI Act on the basis of Age
0
10
20
30
40
50
60
High Average Low
18-25 years
25-35 years
35-45 years
45-55 years
Above 55 years
[148]
Table-11
Awareness of RTI Act on the basis of Age
(in percentage)
Age Group Level of Awareness
High Average Low
18-25 6.59% 40.65% 52.74%
25-35 6.67% 42.22% 51.11%
35-45 8.62% 46.55% 44.82%
45-55 9.30% 41.86% 48.83%
55-above 5.55% 50% 44.45%
Total 7.33% 43% 49.67%
Among total 7.33% people of high RTI awareness, 6.59% are
from 18-25 age group, 6.67% are from 25-35 age group, 8.62% are
from 35-45 age group, 9.30% are from 45-55 age group and 5.55% are
from above 55 years of age. Among total 43% people of average RTI
awareness, 40.65% are from 18-25 age group, 42.22% are from 25-35
age group, 46.55% are from 35-45 age group, 41.86% are from 45-55
age group and 50% are from above 55 years of age. Among total
49.67% people of low RTI awareness, 52.74% are from 18-25 age
group, 51.11% are from 25-35 age group, 44.82% are from 35-45 age
[149]
group, 48.83% are from 45-55 age group and 44.45% are from above
55 years of age.
Figure 12 : 18-25 years Figure 13 : 25-35 years
Figure 14 : 35-45 years Figure 15 : 45-55 years
High
Average
Low
High
Average
Low
High
Average
Low
High
Average
Low
40.65%
52.74% 6.59% 6.67%
42.22% 51.11%
9.30%
46.55%
44.82%
8.62%
41.86%
48.83%
[150]
Figure 16 : Above 55 years
Table No. 12
Comparative results of awareness on basis of Age
Total respondents = 300
18-25 years = 91
25-35 years = 90
35-45 years = 58
45-55 years = 43
Above 55 years = 18
Age Group
Awareness Level Value
of Chi-
Square
Degree
of
freedom
Table
value
of Chi-
Square
High Average Low Total
18-25 6 37 48 91
2.156 8 20.090
25-35 6 38 46 90
35-45 5 27 26 58
45-55 4 18 21 43
Above 55 1 9 8 18
Total 22 129 149 300
For P>0.01
Calculation of Chi-square ( X2) value :
Expected frequency fe for (fo=6) = Total of row x total of column/Grand Total
= 91 x 22/300 = 2002/300
= 6.67
High
Average
Low
50%
44.45%
5.55%
[151]
Expected frequency fe for (fo=6) = Total of row x total of column/Grand Total
= 90 x 22/300 = 1980/300
= 6.6
Expected frequency fe for (fo=5) = Total of row x total of column/Grand Total
= 58 x 22/300 = 1276/300
= 4.25
Expected frequency fe for (fo=4) = Total of row x total of column/Grand Total
= 43 x 22/300 = 946/300
= 3.15
Expected frequency fe for (fo=1) = Total of row x total of column/Grand Total
= 18 x 22/300 = 396/300
= 1.32
Expected frequency fe for (fo=37) = Total of row x total of column/Grand Total
= 91 x 129/300 = 11739/300
= 39.13
Expected frequency fe for (fo=38) = Total of row x total of column/Grand Total
= 90 x 129/300 = 11610/300
= 38.7
Expected frequency fe for (fo=27) = Total of row x total of column/Grand Total
= 58 x 129/300 = 7482/300
= 24.94
Expected frequency fe for (fo=18) = Total of row x total of column/Grand Total
= 43 x 129/300 = 5547/300
= 18.49
Expected frequency fe for (fo=9) = Total of row x total of column/Grand Total
= 18 x 129/300 = 2322/300
= 7.74
Expected frequency fe for (fo=48) = Total of row x total of column/Grand Total
= 91 x 149/300 = 13559/300
= 45.19
Expected frequency fe for (fo=46) = Total of row x total of column/Grand Total
= 90 x 149/300 = 13410/300
= 44.7
Expected frequency fe for (fo=26) = Total of row x total of column/Grand Total
= 58 x 149/300 = 8642/300
= 28.80
[152]
Expected frequency fe for (fo=21) = Total of row x total of column/Grand Total
= 43 x 149/300 = 6407/300
= 21.35
Expected frequency fe for (fo=8) = Total of row x total of column/Grand Total
= 18 x 149/300 = 2682/300
= 8.94
fo fe (fo- fe)2 (fo- fe)
2 / fe
6
6
5
4
1
37
38
27
18
9
48
46
26
21
8
6.67
6.6
4.25
3.15
1.32
39.13
38.7
24.94
18.49
7.74
45.19
44.7
28.80
21.35
8.94
0.449
0.360
0.563
0.723
0.102
4.537
0.490
4.244
0.240
1.588
7.896
1.690
7.840
0.123
0.884
0.067
0.545
0.132
0.229
0.077
0.116
0.013
0.169
0.013
0.205
0.175
0.038
0.272
0.006
0.099
X2= 2.156
[153]
Degrees of freedom = (r-1)(c-1) = (5-1) (3-1) = 4 x 2 = 8
For P>0.01 (1% level of significance)
Since the calculated value of X2 is less than the table value for 8
d.f. at 1% level of significance, the difference is not significant. Hence,
there exists no significant difference of level of RTI awareness on
different age groups, which means that “ Age factor does not have
considerable effect on RTI awareness”. Hence, Null Hypothesis H4 is
accepted.
H5 : Higher economic position increases R.T.I. awareness.
To test this hypothesis, the respondents were grouped into three
groups viz. High economic position, Medium economic position and
Low economic position. The data, grouped accordingly, is then
tabulated below to test this hypothesis:-
Table-13
Awareness of RTI Act on the basis of Economic Position
Total respondents = 300
Economic
Position
Level of Awareness Total
High Average Low
High 9 36 23 68
Medium 12 58 46 116
Low 1 35 80 116
Total 22 129 149 300
[154]
Amongst 22 people of high level of RTI awareness 09 are from
High economic position, 12 are from Medium economic position and 01
is from Low economic position. Amongst 129 people of an average
level of RTI awareness 36 are from High economic position, 58 are from
Medium economic position and 35 are from Low economic position.
Amongst 149 people of low level of RTI awareness 23 are from High
economic position, 46 are from Medium economic position and 80 are
from Low economic position.
Figure – 17
Awareness of RTI Act on the basis of Economic Position
0
10
20
30
40
50
60
70
80
90
High Average Low
High Economic Position
Medium Economic Position
Low Economic Position
35
1
8 12
58
46
23
36
80
[155]
Table-14
Awareness of RTI Act on the basis of Economic Position
(in percentage)
Economic
Position
Level of Awareness
High Average Low
High 13.23% 52.94% 33.83%
Medium 10.34% 50% 39.66%
Low 0.87% 30.17% 68.96%
Total 7.33% 43% 49.67%
Amongst 7.33% people of high level of RTI awareness, 13.23%
are from High economic position, 10.34% are from Medium economic
position and 0.87% are from Low economic position. Amongst 43%
people of an average level of RTI awareness, 52.94% are from High
economic position, 50% are from Medium economic position and
30.13% are from Low economic position. Amongst 49.67% people of
low level of RTI awareness, 33.83% are from High economic position,
39.66% are from Medium economic position and 68.96% are from Low
economic position.
[156]
Figure 18 - High Economic Position Figure 19 - Medium Economic Position
Figure 20 - Low Economic Position
High
Average
Low
High
Average
Low
High
Average
Low
52.94%
33.83% 13.23%
10.34%
50% 39.66%
0.87%
68.96%
30.17%
[157]
Table No. 15
Table showing comparative results of
awareness on basis of Social Status
Total respondents = 300
High Social Status = 68
Medium Social Status = 116
Low Social Status = 116
Social
Status
Awareness Level Value
of Chi-
Square
Degree
of
freedom
Table
value
of Chi-
Square
High Average Low Total
High 9 36 23 68
33.097 4 13.277 Medium 12 58 46 116
Low 1 35 80 116
Total 22 129 149 300
For P>0.01
Calculation of Chi-square ( X2) value :
Expected frequency fe for (fo=9) = Total of row x total of column/Grand Total
= 68 x 22/300 = 1496/300
= 4.98
Expected frequency fe for (fo=12) = Total of row x total of column/Grand Total
= 116 x 22/300 = 2552/300
= 8.50
Expected frequency fe for (fo=1) = Total of row x total of column/Grand Total
= 116 x 22/300 = 2552/300
= 8.50
[158]
Expected frequency fe for (fo=36) = Total of row x total of column/Grand Total
= 68 x 129/300 = 8772/300
= 29.24
Expected frequency fe for (fo=58) = Total of row x total of column/Grand Total
= 116 x 129/300 = 14964/300
= 49.88
Expected frequency fe for (fo=35) = Total of row x total of column/Grand Total
= 116 x 129/300 = 14964/300
= 49.88
Expected frequency fe for (fo=23) = Total of row x total of column/Grand Total
= 68 x 149/300 = 10132/300
= 33.77
Expected frequency fe for (fo=46) = Total of row x total of column/Grand Total
= 116 x 149/300 = 17284/300
= 57.61
Expected frequency fe for (fo=80) = Total of row x total of column/Grand Total
= 116 x 149/300 = 17284/300
= 57.61
fo fe (fo- fe)2 (fo- fe)
2 / fe
9
12
1
36
58
35
23
46
80
4.98
8.50
8.50
29.24
49.88
49.88
33.77
57.61
57.61
16.160
12.250
56.250
45.697
65.934
221.414
115.992
134.792
501.312
3.244
1.441
6.617
1.562
1.321
4.438
3.434
2.339
8.701
X2= 33.097
[159]
Degrees of freedom = (r-1)(c-1) = (3-1) (3-1) = 2 x 2 = 4
For P>0.01 (1% level of significance)
Since the calculated value of X2 is more than the table value for 4
d.f. at 1% significance, the difference is significant. Hence, there exists
significant difference of level of RTI awareness between respondents of
High economic position, Medium economic position and Low economic
position. In other words, there is significant difference of level of RTI
awareness on basis of economic position. It is clear from the table No.
13 & 14 as well as from figure No. 17, 18, 19, & 20, that RTI awareness
is higher in people from High economic position, followed by people of
Medium economic position and lowest in people from Low economic
position, which means that “Higher economic position increases the RTI
awareness”. Hence, Hypothesis H5 is accepted.
H6 : Gender (Male/Female) does not have considerable impact
on R.T.I. awareness
To test this hypothesis, data is collected from equal number of
Male and Female. The data, grouped accordingly, is then tabulated
below to test this hypothesis:-
Table-16
Awareness of RTI Act on the basis of Gender
Total respondents = 300
Level of Awareness Total
High Average Low
Male 15 82 53 150
Female 7 47 96 150
Total 22 129 149 300
Amongst 22 people of high level of RTI awareness, 15 are male
and 07 are female. Amongst 129 people of an average level of RTI
awareness, 82 are male and 47 are female. Amongst 149 people of
low level of RTI awareness, 53 are male and 96 are female.
Comparison of awareness of RTI Act on the basis of Gender
0
10
20
30
40
50
60
70
80
90
100
High
Level of RTI awareness
15
7
[160]
Amongst 22 people of high level of RTI awareness, 15 are male
and 07 are female. Amongst 129 people of an average level of RTI
awareness, 82 are male and 47 are female. Amongst 149 people of
low level of RTI awareness, 53 are male and 96 are female.
Figure – 21
of awareness of RTI Act on the basis of Gender
High Average Low
Level of RTI awareness
Male
47
96
53
82
Amongst 22 people of high level of RTI awareness, 15 are male
and 07 are female. Amongst 129 people of an average level of RTI
awareness, 82 are male and 47 are female. Amongst 149 people of
low level of RTI awareness, 53 are male and 96 are female.
of awareness of RTI Act on the basis of Gender
Male Female
[161]
Table-17
Awareness of RTI Act on the basis of Gender (in percentage)
Level of Awareness
High Average Low
Male 10% 54.66% 35.34%
Female 4.67% 31.33% 64%
Total 7.33% 43% 49.67%
It is seen from above table that amongst 7.33% people of high
level of RTI awareness, 10% are male and 4.67% female. Amongst
43% people of an average level of RTI awareness, 54.66% are male
and 31.33% female. Amongst 49.67% people of low level of RTI
awareness, 35.34% are male and 64% female.
Figure 22 - Male Figure 23 - Female
High
Average
Low
High
Average
Low
54.66%
35.34% 10%
4.67%
31.33%
64%
[162]
Table No. 18
Table showing comparative results of
awareness on basis of Gender
Total respondents = 300
Male = 150
Female = 150
Gender
Awareness Level Value
of Chi-
Square
Degree
of
freedom
Table
value
of Chi-
Square
High Average Low Total
Male 15 82 53 150
24.812 2 9.210 Female 7 47 96 150
Total 22 129 149 300
For P>0.01
Calculation of Chi-square ( X2) value :
Expected frequency fe for (fo=15) = Total of row x total of column/Grand Total
= 150 x 22/300 = 3300/300
= 11
Expected frequency fe for (fo=7) = Total of row x total of column/Grand Total
= 150 x 22/300 = 3300/300
= 11
Expected frequency fe for (fo=82) = Total of row x total of column/Grand Total
= 150 x 129/300 = 19350/300
= 64.50
[163]
Expected frequency fe for (fo=47) = Total of row x total of column/Grand Total
= 150 x 129/300 = 19350/300
= 64.50
Expected frequency fe for (fo=53) = Total of row x total of column/Grand Total
= 150 x 149/300 = 22350/300
= 74.50
Expected frequency fe for (fo=96) = Total of row x total of column/Grand Total
= 150 x 149/300 = 22350/300
= 74.50
fo fe (fo- fe)2 (fo- fe)
2 / fe
15
7
82
47
53
96
11
11
64.50
64.50
74.50
74.50
16
16
306.25
306.25
462.25
462.26
1.454
1.454
4.748
4.748
6.204
6.204
X2= 24.812
Degrees of freedom = (r-1)(c-1) = (2-1) (3-1) = 1 x 2 = 2
For P>0.01 (1% level of significance)
Since the calculated value of X2 is more than the table value for 2
d.f. at 1% significance, the difference is significant. Hence, there exists
significant difference of level of RTI awareness between male and
female. In other words, there is significant difference of level of RTI
awareness on basis of gender. It is clear from the table No. 15 & 17 as
well as from figure No. 21, 22 & 23, that RTI awareness is higher in
male. Hence, Hypothesis H6 is rejected.
[164]
H7 : R.T.I. awareness is more in upper classes than OBC/ SC/ST
The data is tabulated as given below to test this hypothesis:-
Table-19
Awareness of RTI Act on the basis of Category
Total respondents = 300
Level of Awareness Total
High Average Low
General 17 79 19 115
OBC 4 33 68 105
SC 1 14 35 50
ST 0 3 27 30
Total 22 129 149 300
Amongst 22 people of high level of RTI awareness, 17 are from
General category, 04 are from OBC category, 01 is from SC category
and Zero is from ST category. Amongst 129 people of an average
level of RTI awareness, 79 are from General category, 33 are from
OBC category, 14 are from SC category and 03 are from ST category.
Amongst 149 people of low level of RTI awareness, 19 are from
General category, 68 are from OBC category, 35 are from SC category
and 27 are from ST category.
[165]
Figure - 24
Comparision of awareness of RTI Act on the basis of Category
Table-20
Awareness of RTI Act on the basis of Category (in percentage)
Level of Awareness
High Average Low
General 8.69% 68.69% 22.42%
OBC 3.80% 31.42% 64.78%
SC 2% 28% 70%
ST 0% 10% 90%
Total 7.33% 43% 49.67%
0
10
20
30
40
50
60
70
80
90
High Average Low
General
OBC
SC
ST
1
15
7
47
96
53
82
[166]
It is seen from above table that amongst 7.33% people of high
level of RTI awareness, 8.69% are from General category, 3.80% are
from OBC category, 2% are from SC category and 0% are from ST
category. Amongst 43% people of an average level of RTI awareness,
68.69% are from General category, 31.42% are from OBC category,
28% are from SC category and 10% are from ST category. Amongst
49.67% people of low level of RTI awareness, 22.42% are from General
category, 64.78% are from OBC category, 70% are from SC category
and 90% are from ST category.
Figure 25 - General category Figure 26 - OBC category
Figure 27 - SC category Figure 28 - ST category
High
Average
Low
High
Average
Low
High
Average
Low
High
Average
Low
68.69%
22.42% 8.69% 3.80%
31.42%
64.78%
70% 90%
28%
10% 0% 2%
[167]
Table No. 21
Table showing comparative results of
awareness on basis of Category
Total respondents = 300
General = 115
OBC= 105
SC= 50
ST = 30
Category
Awareness Level Value
of Chi-
Square
Degree
of
freedom
Table
value
of Chi-
Square
High Average Low Total
General 17 79 19 115
65.15 6 16.812
OBC 4 33 68 105
SC 1 14 35 50
ST 0 3 27 30
Total 22 129 149 300
For P>0.01
Calculation of Chi-square ( X2) value :
Expected frequency fe for (fo=17) = Total of row x total of column/Grand Total
= 115 x 22/300 = 2530/300
= 8.43
Expected frequency fe for (fo=4) = Total of row x total of column/Grand Total
= 105 x 22/300 = 2310/300
= 7.7
Expected frequency fe for (fo=1) = Total of row x total of column/Grand Total
= 50 x 22/300 = 1100/300
= 3.66
[168]
Expected frequency fe for (fo=0) = Total of row x total of column/Grand Total
= 30 x 22/300 = 660/300
= 2.2
Expected frequency fe for (fo=79) = Total of row x total of column/Grand Total
= 115 x 129/300 = 14835/300
= 49.45
Expected frequency fe for (fo=33) = Total of row x total of column/Grand Total
= 105 x 129/300 = 13545/300
= 45.15
Expected frequency fe for (fo=14) = Total of row x total of column/Grand Total
= 50 x 129/300 = 6450/300
= 21.50
Expected frequency fe for (fo=3) = Total of row x total of column/Grand Total
= 30 x 129/300 = 3870/300
= 12.90
Expected frequency fe for (fo=19) = Total of row x total of column/Grand Total
= 115 x 149/300 = 17135/300
= 57.11
Expected frequency fe for (fo=68) = Total of row x total of column/Grand Total
= 105 x 149/300 = 15645/300
= 52.15
Expected frequency fe for (fo=35) = Total of row x total of column/Grand Total
= 50 x 149/300 = 7450/300
= 24.83
Expected frequency fe for (fo=27) = Total of row x total of column/Grand Total
= 30 x 149/300 = 4470/300
= 14.90
[169]
fo fe (fo- fe)2 (fo- fe)
2 / fe
17
4
1
0
79
33
14
3
19
68
35
27
8.43
7.7
3.66
2.2
49.45
45.15
21.50
12.90
57.11
52.15
24.83
14.90
73.445
13.69
7.076
4.84
873.202
143.623
56.25
98.01
38.11
251.222
103.429
146.41
8.712
1.778
1.933
2.200
17.658
3.181
2.616
7.597
0.667
4.817
4.165
9.826
X2= 65.15
Degrees of freedom = (r-1)(c-1) = (4-1) (3-1) = 3 x 2 = 6
For P>0.01 (1% level of significance)
Since the calculated value of X2 is more than the table value for 6
d.f. at 1% significance, the difference is significant. Hence, there exists
significant difference of level of RTI awareness between General, OBC,
SC & SC categories. In other words, there is significant difference of
level of RTI awareness on basis of categories. It is clear from the table
No. 19 & 20 as well as from figure No. 24, 25, 26, 27 & 28, that RTI
awareness is higher in General category, followed by OBC category,
further followed by SC category and the lowest in ST category, which
means that “RTI awareness is more in upper classes than OBC/SC/ST”.
Hence, Hypothesis H7 is accepted.
[170]
CHAPTER – NINE
STUDY OF IMPLEMENTATION OF
RIGHT TO INFORMATION ACT IN TEN
INSTITUTES/OFFICES
[171]
CHAPTER – NINE
STUDY OF IMPLEMENTATION OF RIGHT TO INFORMATION
ACT IN TEN INSTITUTES/OFFICES
Data has been collected on every obligation cast upon the public
authorities under the RTI Act through interviewing the
CPIOs/SPIOs/CAPIOs/SAPIOs and questionnaire wherever interview
could not be granted. It was edited to look for to remove any errors,
incompleteness or inconsistency. After proper editing, it was classified,
tabulated and analyzed in such a way that facilitates the testing of
hypotheses and thereafter hypotheses were tested.
Testing of Hypotheses
H8 : R.T.I. implementation is comparatively higher in Central
Government offices, medium in State Government
offices and lower in local bodies.
To test this hypothesis, each institute/office was studied keeping
in view various obligations cast on public authority under the RTI Act.
Rating Scale ranging from 0 to 1 has been used to reflect the
percentage of implementation of each obligation/obligation. Where the
obligation/obligation is not at all implemented, 0 point is awarded; in
case obligation/obligation is fully implemented, 1 point is awarded; and
partial implementation is denoted by proportionate rating e.g. 0.36 is
given for 36% implementation; 0.5 is given for 50% implementation and
so on. Where the particular obligation/obligation is not applicable to a
particular institute/office, N/A is written. Finally, all points are added
together to conclude overall implementation of the Act in each
institute/office.
[172]
Obligation No. 1 : Whether all records have been duly catalogued
and indexed in the prescribed manner
Military Hospital Gwalior is primarily responsible for providing
medical and Medicare facilities to Armed Forces Personnel who are
either posted or living within its territorial jurisdiction or sent for its
referral. Its records include Health Dossiers, Medical Case Sheets,
HRM related documents, procurement, allotment and storage of
medicine and medical equipments. All these records have been duly
catalogued and indexed in the prescribed manner and thus this
obligation stands fully implemented with respect to this office.
Accordingly, 1 point is awarded on this account.
Indian Railways Office Gwalior is primarily responsible for
facilitating travel and transport. Its records include financial
transactions regarding collected fare, HRM related documents, ongoing
railway projects etc. All these records have been duly catalogued and
indexed in the prescribed manner and thus this obligation stands fully
implemented with respect to this office. Accordingly, 1 point is
awarded on this account.
Accountant General Office Gwalior is primarily responsible for
auditing of financial/revenue documents in respect of the public offices
located within its territorial jurisdiction. Its records include
financial/revenue documents, HRM documents etc. All these records
have been duly catalogued and indexed in the prescribed manner and
thus this obligation stands fully implemented with respect to this office.
Accordingly, 1 point is awarded on this account.
Income Tax Office Gwalior is primarily responsible for Income Tax
Collected and connected matters. Its records include Income Tax
[173]
Returns, PAN records, Income Tax Refunds, HRM related documents
etc. All these records have been duly catalogued and indexed in the
prescribed manner and thus this obligation stands fully implemented
with respect to this office. Accordingly, 1 point is awarded on this
account.
Collectorate Gwalior has multi-dimensional responsibilities
ranging from revenue management, regulatory functions, grant of
licenses, developmental and welfare activities. While records
regarding revenue management, license, regulatory functions and
developmental activities have been duly catalogued and indexed in the
prescribed manner, records pertaining to welfare schemes have not
been catalogued and indexed so far. Thus this obligation stands
partially implemented upto the extent of approximately 80% and
accordingly 0.8 point is awarded on this account to this office.
Superintendent of Police (S.P.) Office Gwalior is primarily
responsible for maintenance of law and order in the district. Its records
include investigation of crime, enquiry into complaints, deployment of
police force within the district, V.I.P. Security, HRM related documents,
ongoing works projects etc. Except investigation of crimes, enquiry of
complaints, HRM related documents and ongoing works projects; none
of the records have been fully catalogued and indexed in the prescribed
manner. Thus this obligation stands partially implemented upto the
extent of approximately 60% and accordingly 0.6 point is awarded on
this account to this office.
Tehsildar Office Gwalior is primarily responsible for management
of land records, providing selected public services like issue of Income
Certificate, Domicile Certificate, Caste Certificate etc, magisterial
functions, execution of welfare schemes and revenue collection. While
[174]
all land records and records pertaining to revenue collection have been
duly catalogued and indexed in the prescribed manner; the condition of
cataloguing and indexing of other records is poor. The overall
implementation of this obligation stands approximately 70% and
accordingly 0.7 point is awarded on this account to this office.
District Education Office Gwalior is primarily responsible for
providing and monitoring school education within the district. Its
records include service books of principals, examination related
documents, database of students, database of teaching and non-
teaching staff, financial documents, HRM related documents, Midday
meal etc. While admission related records, examination related
documents, financial documents, database of students, teaching and
non-teaching staff have been fully catalogued and indexed in the
prescribed manner; records pertaining to attendance of students, HRM
related documents especially service books of principals have not been
fully catalogued and indexed. The overall implementation of this
obligation stands approximately 60% and accordingly 0.6 point is
awarded on this account to this office.
Municipal Corporation Gwalior has legislative as well as executive
functions. It is empowered to legislate on the 18 subjects mentioned in
the twelfth Schedule of the Constitution of India. It is also incumbent
upon this office to provide public utility services. Its records include
minutes of legislative body, revenue records, public utility services
records etc. Only those records have been duly catalogued and
indexed in the prescribed manner which is either minutes of legislative
body or having financial nature; remaining records are either not
catalogued or partially catalogued and indexed. The overall
implementation of this obligation stands approximately 40% and
accordingly 0.4 point is awarded on this account to this office.
[175]
District Court Gwalior can neither be termed as a Central
Government Office nor State Government Office because it comes
under direction functional control of the High Court of Madhya Pradesh
in all matters. It has two types of functions viz. judicial and
administrative, where its judicial functions are more important than
administrative. Judicial proceedings are divided into two categories
viz. Civil Cases and Criminal Cases. Proceedings of Criminal Cases
are conducted as per the provisions of the Criminal Procedure Code
1973; whereas proceedings of Civil Cases are conducted as per the
provisions of the Civil Procedure Code 1908. These legislations
require all its records fully catalogued and indexed even prior to the
enactment of the Right to Information Act and therefore are fully
catalogued and indexed required in the prescribed manner. Thus this
obligation stands fully implemented and accordingly 1 point is awarded
on this account to this institute.
Table No. 22(A)
Showing whether all records have been duly catalogued and
indexed in the prescribed manner
Sl.
No.
Name of Office Yes Partial No Points
1. Military Hospital Gwalior √ x x 1
2. Indian Railways Office, Gwalior √ x x 1
3. Accountant General Office, Gwalior √ x x 1
4. Income Tax Office, Gwalior √ x x 1
5. Collectorate Gwalior x √ x 0.8
6. S.P. Office Gwalior x √ x 0.6
7. Tehsildar Office Gwalior x √ x 0.7
8. District Education Office Gwalior x √ x 0.6
9. Municipal Corporation Gwalior x √ x 0.4
10. District Court Gwalior √ x x 1
[176]
Obligation No. 2 : Whether all records have been computerized
and connected through a network all over the country
Maximum portion of the records of Military Hospital Gwalior
consists of Health Dossiers, Medical Case Sheets and HRM related
documents, which are personal information and thus falls within the
exemption clause making them exempt from disclosure. Remaining
records have been computerized and connected through the secured
network of the Indian Army all over the country on the URL
www.indianarmy.nic.in . Thus this obligation stands fully implemented
and accordingly 1 point is awarded on this account to this office.
All records of Indian Railways Office Gwalior have been
computerized and connected through the network all over the country
on the URL www.indianrail.gov.in . Thus this obligation stands fully
implemented and accordingly 1 point is awarded on this account to this
office.
All records of Accountant General Office Gwalior have been
computerized and connected through the network all over the country
on the website www.agmp.nic.in . Thus this obligation stands fully
implemented and accordingly 1 point is awarded on this account to this
office.
All records of Income Tax Office Gwalior have been computerized
and connected through the network of Income Tax Department all over
the country on the website www.incometaxindia.gov.in . Thus this
obligation stands fully implemented and accordingly 1 point is awarded
on this account to this office.
[177]
Around 80% records of Collectorate Gwalior have been
computerized and connected through the network of National
Informatics Centre (NIC) under the URL www.gwalior.nic.in . Whereas
around 20% records, which pertain to welfare schemes, have still not
been computerized. Thus this obligation stands partially implemented
upto the extent of approximately 80% and accordingly 0.8 point is
awarded on this account to this office.
Major portion of records of Superintendent of Police (S.P.) Office
Gwalior have not been computerized. Only 30% of records, which
mainly consists of statistics of crime and contact details of officials have
been computerized and connected through the network of National
Informatics Centre (NIC) under the URL www.gwalior.nic.in as well as
on URL www.mppolice.gov.in . Thus this obligation stands partially
implemented upto the extent of approximately 30% and accordingly 0.3
point is awarded on this account to this office.
70% records of Tehsildar Office Gwalior, which consists of land
records, issue of various certificates like Income Certificate, Domicile
Certificate, Caste Certificate etc, and revenue data have been
computerized and connected through the network of National
Informatics Centre (NIC) under the URL www.gwalior.nic.in . Thus this
obligation stands partially implemented upto the extent of 70% and
accordingly 0.7 point is awarded on this account to this office.
Around half of the records of District Education Office Gwalior,
which consist admission related records, examination related
documents, database of students, teaching and non-teaching staff,
recognition of private schools, salary slips of employees, e-service
books have been computerized and connected through the network of
School Education Department of Madhya Pradesh Government on the
URL www.educationportal.mp.gov.in as well as on the URL
www.gwalior.nic.in. Thus this obligation stands partially implemented
[178]
upto the extent of 50% and accordingly 0.5 point is awarded on this
account to this office.
The condition of Municipal Corporation Gwalior in computerizing
its records and connecting it to a network all over the country is very
poor. Mere 20% records have been so far computerized and
connected to the network on its website
www.gwaliormunicipalcorporation.org . Thus this obligation stands
merely implemented upto the extent of 20% and accordingly 0.2 point is
awarded on this account to this office.
All records of District Court Gwalior have been computerized and
connected through the network all over the country through the website
of High Court of Madhya Pradesh on the URLs www.mphighcourt.nic.in
and www.mphc.in . Thus this obligation stands fully implemented and
accordingly 1 point is awarded on this account to this office.
Table No. 22(B)
Showing whether all records have been computerized and
connected through a network all over the country
Sl. No.
Name of Office Yes Partial No Points
1. Military Hospital Gwalior √ x x 1 2. Indian Railways Office, Gwalior √ x x 1 3. Accountant General Office, Gwalior √ x x 1 4. Income Tax Office, Gwalior √ x x 1 5. Collectorate Gwalior x √ x 0.8 6. S.P. Office Gwalior x √ x 0.3 7. Tehsildar Office Gwalior x √ x 0.7 8. District Education Office Gwalior x √ x 0.5 9. Municipal Corporation Gwalior x √ x 0.2 10. District Court Gwalior √ x x 1
[179]
Obligation No. 3 : Whether particulars of organization, functions
and duties have been voluntarily disclosed
Particulars of organization, functions and duties of officials have
been voluntarily disclosed and displayed through charters and notice
boards in the Military Hospital Gwalior, Accountant General Office
Gwalior, Income Tax Office Gwalior, Collectorate Gwalior, S.P. Office
Gwalior, Tehsildar Office Gwalior and District Court Gwalior. Thus this
obligation stands fully implemented in these offices and accordingly 1
point is awarded on this account to these offices.
On the other hand, particulars of organization, functions and
duties of officials have not at all been voluntarily disclosed and
displayed in the District Education Office Gwalior and Municipal
Corporation Gwalior. Due to which 0 point is awarded on this account
to these institutes/offices.
Table No. 22(C)
Showing whether particulars of organization, functions
and duties have been voluntarily disclosed
Sl. No.
Name of Office Yes Partial No Points
1. Military Hospital Gwalior √ x x 1 2. Indian Railways Office, Gwalior √ x x 1 3. Accountant General Office, Gwalior √ x x 1 4. Income Tax Office, Gwalior √ x x 1 5. Collectorate Gwalior √ x x 1 6. S.P. Office Gwalior √ x x 1 7. Tehsildar Office Gwalior √ x x 1 8. District Education Office Gwalior x x √ 0 9. Municipal Corporation Gwalior x x √ 0 10. District Court Gwalior √ x x 1
[180]
Obligation No. 4 : Whether powers and duties of its officers and
employees have been voluntarily disclosed
Powers and duties of its officers and employees have been
voluntarily disclosed in the Military Hospital Gwalior, Accountant
General Office Gwalior, Income Tax Office Gwalior, Collectorate
Gwalior, S.P. Office Gwalior, Tehsildar Office Gwalior and District Court
Gwalior; thereby making this obligation fully implemented in these
offices and accordingly 1 point is awarded to these offices on this
account.
On the other hand, these are partially disclosed in District
Education Office Gwalior where the duties and powers of District
Education Officer, Assistant District Education Officer, OIC
Establishment Branch and OIC Complaint Cell have been disclosed but
powers and duties of remaining employees have not been disclosed.
Thus this point is partially implemented upto the extent of 40% and
accordingly 0.4 point is awarded on this account to this office.
Similarly in Municipal Corporation Gwalior too, these are partially
disclosed where the duties and powers of Commissioner, Additional
Commissioner and Assistant Commissioners have been disclosed but
powers and duties of remaining employees have not been disclosed.
Thus this obligation is partially implemented upto the extent of 20% and
accordingly 0.2 point is awarded on this account to this office.
The following table shows the results of study on this obligation
whether powers and duties of officers and employees have been
voluntarily disclosed in these institutes or offices or not.
[181]
Table No. 22(D)
Showing whether powers and duties of its officers and employees
have been voluntarily disclosed
Sl.
No.
Name of Office Yes Partial No Points
1. Military Hospital, Gwalior √ x x 1
2. Indian Railways Office, Gwalior √ x x 1
3. Accountant General Office, Gwalior √ x x 1
4. Income Tax Office, Gwalior √ x x 1
5. Collectorate Gwalior √ x x 1
6. S.P. Office Gwalior √ x x 1
7. Tehsildar Office Gwalior √ x x 1
8. District Education Office Gwalior x √ x 0.4
9. Municipal Corporation Gwalior x √ x 0.2
10. District Court Gwalior √ x x 1
Obligation No. 5 : Whether procedure followed in the decision
making process, including channels of supervision and
accountability has been voluntarily disclosed
Decision making process, channels of supervision and procedure
followed to ensure accountability have been voluntarily in the Military
Hospital Gwalior, Accountant General Office Gwalior, Income Tax
Office Gwalior and Indian Railways Gwalior thereby fully implementing
this obligation in these offices. Thus, 1 point is awarded on this
account to these offices.
In Collectorate Gwalior, S.P. Office Gwalior, Tehsildar Office
Gwalior, District Education Office Gwalior and Municipal Corporation
Gwalior, only channel of supervision has been voluntarily disclosed.
Neither decision making process nor accountability ensuring process
[182]
has been disclosed. Thus this obligation is partially implemented upto
the extent of 60% and accordingly 0.6 point is awarded on this account
to these offices.
This obligation is not applicable in the District Court Gwalior.
Table No. 22(E)
Showing whether procedure followed in the decision
making process, including channels of supervision
and accountability has been voluntarily disclosed
Sl.
No.
Name of Office Yes Partial No Points
1. Military Hospital, Gwalior √ x x 1
2. Indian Railways Office, Gwalior √ x x 1
3. Accountant General Office, Gwalior √ x x 1
4. Income Tax Office, Gwalior √ x x 1
5. Collectorate Gwalior x √ x 0.3
6. S.P. Office, Gwalior x √ x 0.3
7. Tehsildar Office, Gwalior x √ x 0.3
8. District Education Office, Gwalior x √ x 0.3
9. Municipal Corporation Gwalior x √ x 0.3
10. District Court Gwalior N/A N/A N/A N/A
[183]
Obligation No. 6 : Whether norms set for the discharge of
functions have been voluntarily disclosed
Surprisingly, in none of the offices, norms for discharge of
functions have been disclosed thereby this obligation has not at all been
implemented in any of these offices. Accordingly, 0 point is awarded
on this account to each office.
Table No. 22(F)
Showing whether norms set for the discharge of
functions have been voluntarily disclosed
Sl.
No.
Name of Office Yes Partial No Points
1. Military Hospital, Gwalior x x √ 0
2. Indian Railways Office, Gwalior x x √ 0
3. Accountant General Office, Gwalior x x √ 0
4. Income Tax Office, Gwalior x x √ 0
5. Collectorate Gwalior x x √ 0
6. S.P. Office, Gwalior x x √ 0
7. Tehsildar Office, Gwalior x x √ 0
8. District Education Office, Gwalior x x √ 0
9. Municipal Corporation Gwalior x x √ 0
10. District Court, Gwalior x x √ 0
[184]
Obligation No. 7 : Whether rules, regulations, instructions,
manuals and records, held by or under control or used by
employees for discharging functions have been voluntarily
disclosed
In Military Hospital Gwalior, approximately 50% of rules,
regulations, instructions, manual and records which are used by its
employees for discharging functions have been disclosed thereby
making this obligation implemented upto the extent of 50%. Remaining
50% of rules, regulations, instructions, manuals and records have not
been disclosed due to sensitive nature of work related to Armed Forces.
Accordingly, 0.5 point is awarded on this account to this office.
In Accountant General Office Gwalior, Income Tax Office Gwalior
and District Court Gwalior; all rules, regulations, instructions, manual
and records which are used by its employees for discharging functions
have been disclosed thereby making this obligation fully implemented.
Accordingly, 1 point is awarded on this account to these offices.
In the Indian Railway Office Gwalior, S.P. Office Gwalior,
Tehsildar Office Gwalior, District Education Office Gwalior and
Municipal Corporation Gwalior, rules, regulations, instructions, manual
and records have not been disclosed thereby making this obligation not
at all implemented. Accordingly, 0 point is awarded on this account to
these offices.
In Collectorate Gwalior, approximately 40% of rules, regulations,
instructions, manual and records which are used by its employees for
discharging functions have been disclosed thereby making this
obligation implemented upto the extent of 40%. These rules,
regulations, instructions manual and records were mainly of Land
[185]
Revenue, Developmental Schemes and Regulatory policies.
Accordingly, 0.4 point is awarded on this account to this office.
Table No. 22(G)
Showing whether rules, regulations, instructions, manuals and
records, held by or under control or used by employees for
discharging functions have been voluntarily disclosed
Sl.
No.
Name of Office Yes Partial No Points
1. Military Hospital, Gwalior x √ x 0.5
2. Indian Railways Office, Gwalior x x √ 0
3. Accountant General Office, Gwalior √ x x 1
4. Income Tax Office, Gwalior √ x x 1
5. Collectorate Gwalior x √ x 0.4
6. S.P. Office, Gwalior x x √ 0
7. Tehsildar Office, Gwalior x x √ 0
8. District Education Office, Gwalior x x √ 0
9. Municipal Corporation Gwalior x x √ 0
10. District Court, Gwalior √ x x 1
[186]
Obligation No. 8 : Whether statement of the categories of
documents that are held or under control has been voluntarily
disclosed
A statement of categories of all documents that are held or under
the control of these offices have been disclosed on all these
institutes/offices thereby making this obligation fully implemented in all
these institutes/offices. Accordingly, 1 point is awarded on this account
to these offices.
Table No. 22(H)
Showing whether statement of the categories of documents that
are held or under control has been voluntarily disclosed
Sl.
No.
Name of Office Yes Partial No Points
1. Military Hospital, Gwalior √ x x 1
2. Indian Railways Office, Gwalior √ x x 1
3. Accountant General Office Gwalior √ x x 1
4. Income Tax Office, Gwalior √ x x 1
5. Collectorate Gwalior √ x x 1
6. S.P. Office, Gwalior √ x x 1
7. Tehsildar Office, Gwalior √ x x 1
8. District Education Office, Gwalior √ x x 1
9. Municipal Corporation Gwalior √ x x 1
10. District Court, Gwalior √ x x 1
[187]
Obligation No. 9 : Whether particulars of any arrangement have been
voluntarily disclosed that exists for consultation with, or
representation by, the members of the public in relation to the
formulation of policy or implementation thereof
No arrangement has been made in any of these offices to consult
with or have representation from the public in relation to formulation of
policy or implementation thereof. Hence, no question arises for it’s
voluntarily disclosure. Therefore, this obligation is not applicable to any
of these institutes/offices.
Table No. 22(I)
Showing whether particulars of any arrangement have been
voluntarily disclosed that exists for consultation with, or
representation by, the members of the public in relation
to the formulation of policy or implementation thereof
Sl.
No.
Name of Office Yes Partial No Points
1. Military Hospital, Gwalior N/A N/A N/A N/A
2. Indian Railways Office, Gwalior N/A N/A N/A N/A
3. Accountant General Office, Gwalior N/A N/A N/A N/A
4. Income Tax Office, Gwalior N/A N/A N/A N/A
5. Collectorate Gwalior N/A N/A N/A N/A
6. S.P. Office, Gwalior N/A N/A N/A N/A
7. Tehsildar Office, Gwalior N/A N/A N/A N/A
8. District Education Office, Gwalior N/A N/A N/A N/A
9. Municipal Corporation Gwalior N/A N/A N/A N/A
10. District Court, Gwalior N/A N/A N/A N/A
[188]
Obligation No. 10 : Whether statement of the boards, councils,
committees and other bodies and minutes of their meetings have
been voluntarily disclosed
Statements of boards, councils, committees and other bodies and
minutes of their meetings have been disclosed in Military Hospital
Gwalior, thereby making this obligation fully implemented in this office.
Accordingly, 1 point is awarded on this account to this office.
These have also been disclosed in Indian Railway Office Gwalior,
thereby making this obligation fully implemented in this office.
Accordingly, 1 point is awarded on this account to this office.
These have also been disclosed in Accountant General Office
Gwalior, thereby making this obligation fully implemented in this office.
Accordingly, 1 point is awarded on this account to this office.
These have also been disclosed in Income Tax Office Gwalior
thereby making this obligation fully implemented in this office.
Accordingly, 1 point is awarded on this account to this office.
These have also been disclosed in Collectorate Gwalior thereby
making this obligation fully implemented in this office. Accordingly, 1
point is awarded on this account to this office.
Statements of boards, councils, committees and other bodies and
minutes of their meetings have not been disclosed in S.P. Office
Gwalior, Tehsildar Office Gwalior, District Education Office Gwalior,
Municipal Corporation Gwalior and District Court Gwalior, thereby
making this obligation not at all implemented. Accordingly, 0 point is
awarded on this account to these institutes/offices.
[189]
Table No. 22(J)
Showing whether statement of the boards, councils,
committees and other bodies and minutes of their
meetings have been voluntarily disclosed
Sl.
No.
Name of Office Yes Partial No Points
1. Military Hospital, Gwalior √ x x 1
2. Indian Railways Office, Gwalior √ x x 1
3. Accountant General Office, Gwalior √ x x 1
4. Income Tax Office, Gwalior √ x x 1
5. Collectorate Gwalior √ x x 1
6. S.P. Office, Gwalior x x √ 0
7. Tehsildar Office, Gwalior x x √ 0
8. District Education Office, Gwalior x x √ 0
9. Municipal Corporation Gwalior x x √ 0
10. District Court, Gwalior x x √ 0
Obligation No. 11 : Whether directory of officers and employees
have been voluntarily disclosed
Directory of officers and employees have been disclosed in all
these institutes/offices thereby making this obligation fully implemented
[190]
in these institutes/offices. Accordingly, 1 point is awarded on this
account to these institutes/offices.
Table No. 22(K)
Showing whether directory of officers and employees
have been voluntarily disclosed
Sl.
No.
Name of Office Yes Partial No Points
1. Military Hospital, Gwalior √ x x 1
2. Indian Railways Office, Gwalior √ x x 1
3. Accountant General Office,
Gwalior
√ x x 1
4. Income Tax Office, Gwalior √ x x 1
5. Collectorate Gwalior √ x x 1
6. S.P. Office, Gwalior √ x x 1
7. Tehsildar Office, Gwalior √ x x 1
8. District Education Office,
Gwalior
√ x x 1
9. Municipal Corporation Gwalior √ x x 1
10 District Court, Gwalior √ x x 1
[191]
Obligation No. 12 : Whether monthly remuneration of officers and
employees have been voluntarily disclosed
Monthly remuneration of officers and employees has been
disclosed in Military Hospital Gwalior, Indian Railway Office Gwalior,
Accountant General Office Gwalior, Income Tax Office Gwalior,
Collectorate Gwalior and District Court Gwalior thereby making this
obligation fully implemented in these institutes/offices. Accordingly, 1
point is awarded on this account to these institutes/offices.
Whereas in S.P. Office Gwalior, Tehsildar Office Gwalior, District
Education Office Gwalior and Municipal Corporation Gwalior, these
have not been disclosed thereby making this obligation not at all
implemented. Accordingly, 0 point is awarded on this account to these
institutes/offices.
Table No. 22(L)
Showing whether monthly remuneration of officers and employees
have been voluntarily disclosed
Sl.
No.
Name of Office Yes Partial No Points
1. Military Hospital, Gwalior √ x x 1
2. Indian Railways Office, Gwalior √ x x 1
3. Accountant General Office, Gwalior √ x x 1
4. Income Tax Office, Gwalior √ x x 1
5. Collectorate Gwalior √ x x 1
6. S.P. Office, Gwalior x x √ 0
7. Tehsildar Office, Gwalior x x √ 0
8. District Education Office, Gwalior x x √ 0
9. Municipal Corporation Gwalior x x √ 0
10. District Court, Gwalior √ x x 1
[192]
Obligation No. 13 : Whether budget allocation, particulars of plans,
proposed expenditures and reports on disbursements have been
voluntarily disclosed
Surprisingly, in none of the offices, budget allocation, particulars
of plans, proposed expenditures and reports on disbursements have
been disclosed thereby this obligation has not at all been implemented
in any of these offices. Accordingly, 0 point is awarded on this account
to each office.
Table No. 22(M)
Showing whether budget allocation, particulars
of plans, proposed expenditures and reports on
disbursements have been voluntarily disclosed
Sl.
No.
Name of Office Yes Partial No Points
1. Military Hospital, Gwalior x x √ 0
2. Indian Railways Office, Gwalior x x √ 0
3. Accountant General Office, Gwalior x x √ 0
4. Income Tax Office, Gwalior x x √ 0
5. Collectorate Gwalior x x √ 0
6. S.P. Office, Gwalior x x √ 0
7. Tehsildar Office, Gwalior x x √ 0
8. District Education Office, Gwalior x x √ 0
9. Municipal Corporation Gwalior x x √ 0
10. District Court, Gwalior x x √ 0
[193]
Obligation No. 14 : Whether manner of execution of subsidy
programmes and details of beneficiaries have been voluntarily
disclosed
There are no subsidy programmes which run through or are dealt
by Military Hospital Gwalior, Indian Railway Office Gwalior, Accountant
General Office Gwalior, Income Tax Office Gwalior, S.P. Office Gwalior,
District Education Office Gwalior and District Court Gwalior; hence, no
question arises for its voluntarily disclosure. Therefore, this obligation is
not applicable to these institutes/offices.
There are several subsidy programmes which are run through or
dealt by Collectorate Gwalior, Tehsildar Office Gwalior, and Municipal
Corporation Gwalior. The details of all these subsidy programmes and
their beneficiaries have been disclosed in Collectorate Gwalior,
Tehsildar Office Gwalior and Municipal Corporation Gwalior; thereby
making this obligation fully implemented in these institutes/offices.
Accordingly, 1 point is awarded on this account for these
institutes/offices.
Table No. 22(N)
Showing whether manner of execution of subsidy programmes
and details of beneficiaries have been voluntarily disclosed
Sl. No.
Name of Office Yes Partial No Points
1. Military Hospital, Gwalior N/A N/A N/A N/A 2. Indian Railways Office, Gwalior N/A N/A N/A N/A 3. Accountant General Office, Gwalior N/A N/A N/A N/A 4. Income Tax Office, Gwalior N/A N/A N/A N/A 5. Collectorate Gwalior √ x x 1 6. S.P. Office, Gwalior N/A N/A N/A N/A 7. Tehsildar Office, Gwalior √ x x 1 8. District Education Office, Gwalior N/A N/A N/A N/A 9. Municipal Corporation Gwalior √ x x 1 10. District Court, Gwalior N/A N/A N/A N/A
[194]
Obligation No. 15 : Whether particulars of recipients of
concessions, permits or authorizations have been voluntarily
disclosed
There are no concessions, permits or authorizations which are
provided Accountant General Office Gwalior and S.P. Office Gwalior;
hence, no question arises for its voluntarily disclosure. Therefore, this
obligation is not applicable to these institutes/offices.
Military Hospital Gwalior provides several concessions and
authorizations to armed forces personnel, ex-servicemen, war widows
and those disabled in operations/hostilities. The details of all these
concessions and authorizations have been disclosed in its notice-
boards. Therefore, this obligation is fully implemented in this office and
accordingly, 1 point is awarded to it on this account.
Indian Railway Office Gwalior provides several concessions to
senior citizens, members of parliament, members of legislative
assemblies, members of legislative councils, freedom fighters, armed
forces personnel, gallantry award winners, persons with disabilities, war
widows, students, media persons etc. The details of all these
concessions and authorizations have been disclosed in its notice-
boards as well as its website. Therefore, this obligation is fully
implemented in this office and accordingly, 1 point is awarded to it on
this account.
Income Tax Office Gwalior provides several concessions to senior
citizens, women, and Hindu undivided families, salaried persons and
taxpayers. The details of all these concessions and authorizations have
been disclosed in its notice-boards as well as its website. Therefore,
this obligation is fully implemented in this office and accordingly, 1 point
is awarded to it on this account.
[195]
Collectorate Gwalior provides several concessions to members of
scheduled Castes, scheduled tribes, other backward castes,
economically backward persons, persons with disabilities, downtrodden
persons, divorced/deserted/tortured women, senior citizens, freedom
fighters, armed forces personnel, gallantry award winners and war
widows etc. The details of all these concessions and authorizations
have been disclosed in its notice boards. Therefore, this obligation is
fully implemented in this office and accordingly, 1 point is awarded to it
on this account.
Tehsildar Office Gwalior too provides several concessions to
members of scheduled Castes, scheduled tribes, other backward
castes, economically backward persons, persons with disabilities,
downtrodden persons, divorced/deserted/tortured women, senior
citizens, freedom fighters, armed forces personnel, gallantry award
winners and war widows etc. several concessions to members of
scheduled Castes, scheduled tribes, other backward castes,
economically backward persons, persons with disabilities, downtrodden
persons, divorced/deserted/tortured women, senior citizens, freedom
fighters, armed forces personnel, gallantry award winners and war
widows etc. Therefore, this obligation is fully implemented in this office
and accordingly, 1 point is awarded to it on this account.
District Education Office Gwalior provides several concessions to
students of scheduled Castes, scheduled tribes, other backward castes,
economically backward classes, girls etc. The details of all these
concessions and authorizations have been disclosed in its notice-
boards. Therefore, this obligation is fully implemented in this office and
accordingly, 1 point is awarded to it on this account.
Municipal Corporation Gwalior provides several concessions to
members of scheduled Castes, scheduled tribes, other backward
castes, economically backward persons, persons with disabilities,
[196]
downtrodden persons, divorced/deserted/tortured women, senior
citizens, freedom fighters, armed forces personnel, gallantry award
winners and war widows etc. The details of all these concessions and
authorizations have been disclosed in its notice-boards. Therefore, this
obligation is fully implemented in this office and accordingly, 1 point is
awarded to it on this account.
District Court Gwalior provides several concessions to members
of scheduled Castes, scheduled tribes, other backward castes, persons
living below poverty line, women in its Court’s Fee and in providing free
legal aid etc. The details of all these concessions and authorizations
have been disclosed in its notice boards. Therefore, this obligation is
fully implemented in this office and accordingly, 1 point is awarded to it
on this account.
Table No. 22(O)
Showing whether particulars of recipients of concessions,
permits or authorizations have been voluntarily disclosed
Sl.
No.
Name of Office Yes Partial No Points
1. Military Hospital, Gwalior √ x x 1
2. Indian Railways Office, Gwalior √ x x 1
3. Accountant General Office, Gwalior N/A N/A N/A N/A
4. Income Tax Office, Gwalior √ x x 1
5. Collectorate Gwalior √ x x 1
6. S.P. Office, Gwalior N/A N/A N/A N/A
7. Tehsildar Office, Gwalior √ x x 1
8. District Education Office, Gwalior √ x x 1
9. Municipal Corporation Gwalior √ x x 1
10. District Court, Gwalior √ x x 1
[197]
Obligation No. 16 : Whether details in respect of the Information
reduced in an electronic form have been voluntarily disclosed
Details of information reduced in an electronic form have been
disclosed in Military Hospital Gwalior, Indian Railway Office Gwalior,
Accountant General Office Gwalior, Income Tax Office Gwalior,
Collectorate Gwalior, S.P. Office Gwalior, Tehsildar Office Gwalior, and
District Court Gwalior thereby making this obligation fully implemented
in these institutes/offices. Accordingly, 1 point is awarded on this
account to these institutes/offices.
Whereas in District Education Office Gwalior, around 60% of such
information has been disclosed; thereby making this obligation
implemented upto extent of 60%. Accordingly, 0.6 point is awarded to
this office on this account.
Surprisingly, no such information has been disclosed in Municipal
Corporation Gwalior thereby making this obligation not at all
implemented. Accordingly, 0 point is awarded on this account to this
institute.
Table No. 22(P) Showing whether details in respect of the Information reduced in an
electronic form have been voluntarily disclosed
Sl. No.
Name of Office Yes Partial No Points
1. Military Hospital, Gwalior √ x x 1 2. Indian Railways Office, Gwalior √ x x 1 3. Accountant General Office, Gwalior √ x x 1 4. Income Tax Office, Gwalior √ x x 1 5. Collectorate Gwalior √ x x 1 6. S.P. Office, Gwalior √ x x 1 7. Tehsildar Office, Gwalior √ x x 1 8. District Education Office, Gwalior x √ x 0.6 9. Municipal Corporation Gwalior x x √ 0 10. District Court, Gwalior √ x x 1
[198]
Obligation No. 17 : Whether particulars of facilities available to
citizens for obtaining information, including the working hours of a
library or reading room, have been voluntarily disclosed
Particulars of facilities available to citizens for obtaining
information have been disclosed in all these institutes/offices thereby
making this obligation fully implemented in these institutes/offices.
Accordingly, 1 point is awarded on this account to these
institutes/offices. However, no library or reading room has been
provided in any of these institutes/offices.
Table No. 22(Q)
Showing whether particulars of facilities available to citizens for
obtaining information, including the working hours of a library or
reading room, have been voluntarily disclosed
Sl.
No.
Name of Office Yes Partial No Points
1. Military Hospital, Gwalior √ x x 1
2. Indian Railways Office, Gwalior √ x x 1
3. Accountant General Office, Gwalior √ x x 1
4. Income Tax Office, Gwalior √ x x 1
5. Collectorate Gwalior √ x x 1
6. S.P. Office, Gwalior √ x x 1
7. Tehsildar Office, Gwalior √ x x 1
8. District Education Office, Gwalior √ x x 1
9. Municipal Corporation Gwalior √ x x 1
10. District Court Gwalior √ x x 1
[199]
Obligation No. 18 : Whether names, designations and other
particulars of Public Information Officers have been displayed
Names, designations and other particulars of Public Information
Officers have been displayed in all these institutes/offices thereby
making this obligation fully implemented in these institutes/offices.
Accordingly, 1 point is awarded on this account to these
institutes/offices.
Table No. 22(R)
Showing whether names, designations and other particulars of
Public Information Officers have been displayed
Sl.
No.
Name of Office Yes Partial No Points
1. Military Hospital, Gwalior √ x x 1
2. Indian Railways Office, Gwalior √ x x 1
3. Accountant General Office, Gwalior √ x x 1
4. Income Tax Office, Gwalior √ x x 1
5. Collectorate Gwalior √ x x 1
6. S.P. Office, Gwalior √ x x 1
7. Tehsildar Office, Gwalior √ x x 1
8. District Education Office, Gwalior √ x x 1
9. Municipal Corporation Gwalior √ x x 1
10. District Court, Gwalior √ x x 1
[200]
Obligation No. 19 : Whether relevant information is being updated
every year
All relevant information as mentioned above from obligation No.1
to obligation No. 18 is found to being undated every year in all these
institutes/offices thereby making this obligation fully implemented in
these institutes/offices. Accordingly, 1 point is awarded on this account
to these institutes/offices.
Table No. 22(S)
Showing whether relevant information
is being updated every year
Sl.
No.
Name of Office Yes Partial No Points
1. Military Hospital, Gwalior √ x x 1
2. Indian Railways Office, Gwalior √ x x 1
3. Accountant General Office, Gwalior √ x x 1
4. Income Tax Office, Gwalior √ x x 1
5. Collectorate Gwalior √ x x 1
6. S.P. Office, Gwalior √ x x 1
7. Tehsildar Office, Gwalior √ x x 1
8. District Education Office, Gwalior √ x x 1
9. Municipal Corporation Gwalior √ x x 1
10. District Court, Gwalior √ x x 1
[201]
Obligation No. 20 : Whether CPIO/SPIO/CAPIO/SAPIO have been
designated
CPIO/SPIO/CAPIO/SAPIO have been designated in all these
institutes/offices thereby making this obligation fully implemented in
these institutes/offices. Accordingly, 1 point is awarded on this account
to these institutes/offices.
Table No. 22(T)
Showing whether CPIO/SPIO/CAPIO/SAPIO
have been designated
Sl.
No.
Name of Office Yes Partial No Points
1. Military Hospital, Gwalior √ x x 1
2. Indian Railways Office, Gwalior √ x x 1
3. Accountant General Office, Gwalior √ x x 1
4. Income Tax Office, Gwalior √ x x 1
5. Collectorate Gwalior √ x x 1
6. S.P. Office, Gwalior √ x x 1
7. Tehsildar Office, Gwalior √ x x 1
8. District Education Office, Gwalior √ x x 1
9. Municipal Corporation Gwalior √ x x 1
10. District Court, Gwalior √ x x 1
[202]
Table No. 22(U)
Showing the form, manner and language in which 17 points
proactive disclosure is being disseminated to the public
Sl.
No.
Name of Office Form Manner Language
1. Military Hospital, Gwalior e-book Website English
2. Indian Railways Office, Gwalior e-book Website Hindi &
English
3. Accountant General Office e-book Website Hindi &
English
4. Income Tax Office, Gwalior e-book Website Hindi &
English
5. Collectorate Gwalior e-book Website Hindi &
English
6. S.P. Office e-book Website Hindi &
English
7. Tehsildar Office e-book Website Hindi
8. District Education Office Booklet Website Hindi
9. Municipal Corporation Gwalior Booklet Website Hindi
10. District Court Gwalior e-book Website Hindi &
English
The points awarded to each institute/office towards
implementation of obligations No. 1 to 20 as mentioned above have
been shown together in the Table No. 22 below to facilitate calculation
of aggregate points awarded to each institute/office and thereby making
a conclusion about extent of implementation of Right to Information Act
in each institute/office.
[203]
Table No. 22 Showing total points awarded to Institute/Office towards
implementation of R.T.I. Act
Obligation No.
Mili
tary
Hospital
India
n R
ailw
ays
A.G
. O
ffic
e
Incom
e T
ax
Offic
e
Colle
cto
rate
S.P
. O
ffic
e
Tehsild
ar
Off
ice
Dis
t. E
ducation
Offic
e
Munic
ipal
Corp
ora
tion
Dis
tric
t C
ourt
1 1 1 1 1 0.8 0.6 0.7 0.6 0.4 1
2 1 1 1 1 0.8 0.3 0.7 0.5 0.2 1
3 1 1 1 1 1 1 1 0 0 1
4 1 1 1 1 1 1 1 0.4 0.2 1
5 1 1 1 1 0.3 0.3 0.3 0.3 0.3 N/A
6 0 0 0 0 0 0 0 0 0 0
7 0.5 0 1 1 0.4 0 0 0 0 1
8 1 1 1 1 1 1 1 1 1 1
9 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A
10 1 1 1 1 1 0 0 0 0 0
11 1 1 1 1 1 1 1 1 1 1
12 1 1 1 1 1 0 0 0 0 1
13 0 0 0 0 0 0 0 0 0 0
14 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A
15 1 1 N/A 1 1 N/A 1 1 1 1
16 1 1 1 1 1 1 1 1 1 1
17 1 1 1 1 1 1 1 0.6 0 1
18 1 1 1 1 1 1 1 1 1 1
19 1 1 1 1 1 1 1 1 1 1
20 1 1 1 1 1 1 1 1 1 1
Total points
awarded 15.5 15 15 16 15.3 10.2 12.7 9.4 9.1 14
Total points
considered 18 18 17 18 19 17 19 18 19 17
[204]
Table No. 23
Showing implementation of R.T.I. Act in Percentage
Sl.
No Name of Office Points % age
Awarded Considered
1. Military Hospital, Gwalior 15.5 18 86.11%
2. Indian Railways Office, Gwalior 15 18 83.33%
3. Accountant General Office, Gwalior 15 17 88.23%
4. Income Tax Office, Gwalior 16 18 88.88%
5. Collectorate Gwalior 15.3 19 82.10%
6. S.P. Office, Gwalior 10.2 17 61.17%
7. Tehsildar Office, Gwalior 12.7 19 67.89%
8. District Education Office, Gwalior 9.4 18 52.77%
9. Municipal Corporation Gwalior 9.1 19 47.89%
10. District Court, Gwalior 14 17 82.35%
Overall percentage of implementation of RTI Act in all these
10 offices (Average of all above percentages)
74.07%
It is concluded from the above table No. 23 that implementation of
RTI Act in Military Hospital Gwalior is 86.11%, Income Tax Office
Gwalior is 88.88%, in Accountant General Office Gwalior 88.23%, in
Indian Railways Office Gwalior 83.33%, in Collectorate Gwalior 82.10%,
[205]
in Tehsildar Office Gwalior 67.89%, in S.P. Office Gwalior 61.17%, in
District Education Office Gwalior 52.77%, in Municipal Corporation
Gwalior is 47.89% and in District Court Gwalior is 82.35%.
It is comparatively higher in Central government institutes/offices
i.e. Military Hospital Gwalior, Income Tax Office Gwalior, Accountant
General Office Gwalior & Indian Railways Office Gwalior; medium in
State government institutes/offices i.e. Collectorate Gwalior, Tehsildar
Office Gwalior, S.P. Office Gwalior & District Education Office Gwalior;
and lower in Local bodies i.e. Municipal Corporation Gwalior. Hence
hypothesis H8 is accepted.
H9 : Regular on job training and updates to the dealing staff
on the latest decisions of C.I.C. and S.I.C. promote
effective implementation of R.T.I. Act.
Testing of this hypothesis proved to be slightly difficult because of
subjectivity involved in it. Following three stage strategy was adopted
towards it. It was studied first that in which institutes/offices regular
“On Job Training” and “Updates on latest decisions of C.I.C. and S.I.C.”
are being provided to the dealing staff. Thereafter, it was examined
whether implementation of R.T.I. Act was higher in those
institutes/offices or not where regular “On Job Training” and “Updates
on latest decisions of C.I.C. and S.I.C.” is being provided to the dealing
staff. The result so arrived was further examined and corroborated with
the analysis of data obtained from the interview of First Appellate
Authority, CPIO/SPIO and CAPIO/SAPIO of all these institutes/offices.
[206]
Table No. 24
Showing whether regular “On Job Training” on R.T.I. Act
is provided to dealing Staff
Sl.
No.
Name of Office Yes No Frequency/
Periodicity of
training
1. Military Hospital, Gwalior √ x Annual
2. Indian Railways Office, Gwalior √ x On induction
3. Accountant General Office √ x Half Yearly
4. Income Tax Office, Gwalior √ x Half Yearly
5. Collectorate Gwalior x √ On induction
6. S.P. Office x √ Not provided
7. Tehsildar Office x √ Not provided
8. District Education Office x √ Not provided
9. Municipal Corporation Gwalior x √ Not provided
10. District Court Gwalior √ x On induction
Table-25
Showing opinion on effect of `On Job Training’ to dealing staff on
effective implementation of Right to Information Act
Total respondents = 30
First Appellate Authority=10
CPIO/SPIO=10
CAPIO/SAPIO=10
Effectt on implementation of RTI Act Total
Positive Insignificant Negative
F.A.A. 6 4 0 10
CPIO/SPIO 7 3 0 10
CAPIO/SAPIO 8 2 0 10
Total 21 9 0 30
[207]
Out of 30 respondents, 21 believe that “On Job Training” will have
a positive effect on the effective implementation of RTI Act whereas 09
respondents believe that “On Job Training” will not have any significant
effect on the effective implemenation of RTI Act. However, no
respondent believes that “On Job Training” will have any negative effect
on the effective implementation of RTI Act.
Table No. 26
Showing whether regular updates on the latest decisions
of C.I.C. or S.I.C. are provided to dealing staff
Sl.
No.
Name of Office Yes No Remarks
1. Military Hospital Gwalior x √
No updates are
provided however
decisions of C.I.C.
and S.I.C. are
available on its
website.
2. Indian Railways Office, Gwalior x √
3. Accountant General Office x √
4. Income Tax Office, Gwalior x √
5. Collectorate Gwalior x √
6. S.P. Office x √
7. Tehsildar Office x √
8. District Education Office x √
9. Municipal Corporation Gwalior x √
10. District Court Gwalior x √
[208]
Table-27
Showing opinion on effect of `Updates on the latest decisions of
CIC/SIC to dealing staff’ on effective implementation of Right to
Information Act
Total respondents = 30
First Appellate Authority=10
CPIO/SPIO=10
CAPIO/SAPIO=10
Effectt on implementation of RTI Act Total
Positive Insignificant Negative
F.A.A. 1 8 1 10
CPIO/SPIO 0 10 0 10
CAPIO/SAPIO 0 10 0 10
Total 1 28 1 30
Out of 30 respondents, 1 believe that “Updates on the latest
decisions of CIC/SIC to dealing staff” will have a positive effect on the
effective implementation of RTI Act whereas 28 respondents believe
that it will not have any significant effect on the effective implemenation
of RTI Act. 01 respondent believes that it will have negative effect on
the effective implementation of RTI Act.
Table No. 23 and 24 makes it clear that implementation of R.T.I.
Act is higher in those institutes/offices where `On Job Training’ are
provided to the dealing staff as in the case of Military Hospital where it
is 86.11%, in Indian Railways Office Gwalior where it is 83.33%, in
Accountant General Office Gwalior where it is 88.23%, in Income Tax
[209]
Office Gwalior where it is 88.88%, , in Collectorate Gwalior where it is
82.10% and in District Court Gwalior where it is 82.35%. It is further
evident that implementation of R.T.I. Act is higher in those
institutes/offices where frequency of `On Job Training’ is more e.g. in
Income Tax Office Gwalior implementation is 88.88% and frequency is
Half yearly; in Accountant General Office Gwalior implementation is
88.23% and frequency is Half yearly; in Military Hospital implementation
is 86.11% and frequency is Annual; in Indian Railways Office Gwalior
implementation is 83.33% and training is given on induction, in
Collectorate Gwalior implementation is 82.10% and training is given on
induction; and in District Court Gwalior implementation is 82.35% and
training is given on induction.
Implementation of RTI Act is lower in those institutes/offices
where `On Job Training’ is not provided as in the case of Tehsildar
Office Gwalior where it is 67.89%, in S.P. Office Gwalior where it is
61.17%, in District Education Office Gwalior where it is 52.77% and in
Municipal Corporation Gwalior where it is 47.89%.
These results are further supported by the Table No. 25.
It is evident from the Table No. 26 and 27 that `Regular updates
on the latest decisions of CIC/SIC to dealing staff’ do not have
significant effective on the effective implementation of Right to
Information Act. Thus, Hypothesis H9 is partially accepted and partially
rejected. It is accepted to the extent that “Regular on job training to
dealing staff promotes effective implementation of R.T.I. Act” and
rejected to the extent that “Regular updates on the latest decisions
of C.I.C. and S.I.C. to the dealing staff promotes effective
implementation of R.T.I. Act”. Hence, Hypothesis H9 is partially
accepted and partially rejected.
[210]
H10 : Public Information Officers prefers to deny disclosure
of information and try to delay it as far as possible.
To test this hypothesis, data regarding the number of RTI
applications received during last six months and time taken by the
CPIO/SPIO in their disposal have been obtained from the concerned
CPIOs/SPIOs. The data was thereafter tabulated as follows to derive
logical conclusions.
Table No. 28
Showing number of RTI applications received and
time taken in their disposal
Sl
No
Name of Office Applications
received
Time taken in disposal
<10
days
11-20
days
21-30
days
>30
days
1 Military Hospital, Gwalior 22 0 5 17 0
2 Indian Railways Office, Gwalior 74 0 18 56 0
3 Accountant General Office, Gwalior 28 0 5 23 0
4 Income Tax Office, Gwalior 32 0 4 28 0
5 Collectorate Gwalior 238 0 14 224 0
6 S.P. Office, Gwalior 94 0 3 91 0
7 Tehsildar Office, Gwalior 176 0 17 159 0
8 District Education Office, Gwalior 67 0 5 62 0
9 Municipal Corporation Gwalior 56 0 2 54 0
10 District Court, Gwalior 5 0 2 3 0
Total 792 0 75 717 0
[211]
It is clear from the Table No. 28 that all 792 RTI applications
which were received during last six months have been disposed off
within the prescribed time limit. 90.53% of the applications (i.e. 717 out
of 792) have been disposed off within the time span of 21-30 days
whereas 9.47% (i.e. 75 out of 792) have been disposed off much earlier
within the time span of 11-20 days. Hence, the hypothesis H10 is
rejected.
H11 : Effective implementation of R.T.I. Act can be effective tool of
fight with corruption.
To test this hypothesis, all the RTI applications were sorted out
into two groups viz. Corruption related issues and Non-corruption
related issues.
Table No. 29
Showing number of RTI applications on the basis of
Corruption related issues Vs. Non-corruption related issues
Sl
No
Name of Office Corruption
related issues
Non-corruption
related issues
Total
1 Military Hospital, Gwalior 0 22 22
2 Indian Railways Office, Gwalior 0 74 74
3 Accountant General Office, Gwalior 8 20 28
4 Income Tax Office, Gwalior 9 23 32
5 Collectorate Gwalior 12 226 238
6 S.P. Office, Gwalior 4 90 94
7 Tehsildar Office, Gwalior 2 174 176
8 District Education Office, Gwalior 1 66 67
9 Municipal Corporation Gwalior 0 56 56
10 District Court, Gwalior 0 5 5
Total 36 756 792
[212]
Above table No. 29 shows that out of 792 RTI applications, only
36 applications were pertaining to Corruption related issues while
remaining 756 applications were pertaining to Non-corruption related
issues like obtaining certified copies for producing before Courts or
other authorities, asking progress of various applications, copies of
personal records etc. In terms of percentage, this figure comes out to
be 4.54% applications pertaining to Corruption related issues while
remaining 95.46% applications were pertaining to Non-corruption
related issues. These results are though surprising but on their basis
hypothesis H11 is rejected.
H12 : There is scope for strengthening R.T.I. Act to achieve its
objectives enshrined in its Preamble.
To test this hypothesis, those 22 respondents who are having
high level of RTI awareness, those 129 who were having an average
level of RTI awareness, 10 First Appellate Authority, 10 CPIOs/SPIOs
and 10 CAPIOs/SAPIO were considered. The number of total
respondent thus arrives to be 181. The reason behind taking such
purposive sample was the nature of hypothesis. Those respondents
who were found to having low level of RTI awareness were not
considered so mature by the researcher, due to their limited awareness,
to give a reasonable and justified opinion on this point. These 181
respondents were divided into two groups viz. officials and citizens.
The data, grouped accordingly, is then tabulated below to test this
hypothesis:-
Showing whether there is scope for further strengthening the RTI Act to achieve its objectives
Whether there is scope for strengthening the R.T.I. Act
Officials Citizens Total
Out of 181 respondent, 104 respondents believes that there is
scope for further strengthening R.T.I. Act to achieve its objectives
whereas 77 respondents believes the contrary.
Comparison of opinion whether there is scope for further
strengthening the RTI Act to achieve its objectives
0
10
20
30
40
50
60
70
80
90
Whether there is scope for further strengthening of RTI Act
16
[213]
Table-30 Showing whether there is scope for further strengthening
the RTI Act to achieve its objectives Total respondents =
Whether there is scope for strengthening the R.T.I. Act
Yes No 16 14 88 63
104 77 Out of 181 respondent, 104 respondents believes that there is
scope for further strengthening R.T.I. Act to achieve its objectives
whereas 77 respondents believes the contrary.
Figure - 29
Comparison of opinion whether there is scope for further
hening the RTI Act to achieve its objectives
Yes NoWhether there is scope for further strengthening of RTI Act
Officials
Citizens
88
63
14
Showing whether there is scope for further strengthening
Total respondents = 181
Total
30
151 181
Out of 181 respondent, 104 respondents believes that there is
scope for further strengthening R.T.I. Act to achieve its objectives
Comparison of opinion whether there is scope for further
hening the RTI Act to achieve its objectives
Officials
Citizens
[214]
Table-31
Showing whether there is scope for further strengthening the RTI
Act to achieve its objectives (in percentage)
Whether there is scope for
strengthening the R.T.I. Act
Yes No
Officials 53.33% 46.67%
Citizens 58.27% 41.73%
Total 57.45% 42.55%
It is seen from above table that total 57.45% respondents believe
that there is scope for further strengthening R.T.I. Act to achieve its
objectives whereas toal 42.55% respondents believes that there is no
scope for further strengthening of R.T.I. Act. Among officials, this ratio
is 53.33% and 46.67% respectively. Among citizens, this ratio is
58.27% and 41.73% respectively.
Figure 30 - Officials Figure 31 - Citizens
Figures showing (in percentage) whether there is scope for further
strengthening the RTI Act to achieve its objectives
Yes NoYes No
46.67% 53.33% 41.73%
58.27%
[215]
Table No. 32
Showing whether there is scope for further
strengthening the RTI Act to achieve its objectives
Total respondents = 181
Officials = 30
Citizens = 151
Whether there is scope
for strengthening the
R.T.I. Act
Value
of Chi-
Square
Degree
of
freedom
Table value of
Chi-Square
Yes No Total
Officials 16 14 30
56.807 1 6.635 Citizens 88 63 151
Total 104 177 181
For P>0.01
Calculation of Chi-square ( X2) value :
Expected frequency fe for (fo=16) = Total of row x total of column/Grand Total
= 30 x 104/181 = 3120/181
= 17.23
Expected frequency fe for (fo=88) = Total of row x total of column/Grand Total
= 151 x 104/181 = 15704/181
= 86.76
Expected frequency fe for (fo=14) = Total of row x total of column/Grand Total
= 30 x 177/181 = 5310/181
= 29.33
Expected frequency fe for (fo=63) = Total of row x total of column/Grand Total
= 151 x 177/181 = 26727/181
= 147.66
[216]
fo fe (fo- fe)2 (fo- fe)
2 / fe
16
88
14
63
17.23
86.76
29.33
147.66
1.512
1.537
235.008
7167.315
0.087
0.169
8.012
48.539
X2= 56.807
Degrees of freedom = (r-1)(c-1) = (2-1) (2-1) = 1 x 1 = 1
For P>0.01 (1% level of significance)
Since the calculated value of X2 is more than the table value for 1
d.f. at 1% significance, the difference is significant. Hence, there exists
significant difference between the beliefs that there is a scope for
further strengthening the R.T.I. Act to achieve its objectives. It is clear
from the table No. 30 as well as from figures No. 30, 31 & 32, that
“there is a scope for further strengthening the R.T.I. Act to achieve its
objectives. Hence, Hypothesis H12 is accepted.
[217]
CHAPTER – TEN
ANALYSIS, INTERPRETATION
AND GENERALIZATION
[218]
CHAPTER – TEN
ANALYSIS, INTERPRETATION AND GENERALIZATION
The ultimate aim of every research in social science is to find out
the truth. The research follows several steps, the first step being
formulation of appropriate hypotheses. After completion of field study
whatever data is collected from primary sources as well as secondary
sources need to be analyzed keeping in mind the formulated
hypotheses. After proper analysis and testing of hypotheses, results
need to be interpreted and generalized.
Though the hypotheses have already been tested in Chapter 8
and Chapter 9 during data processing yet hypothesis-wise summary of
analysis is covered in this chapter followed by interpretation of results
and generalization.
ANALYSIS
1. For testing the first hypothesis H1 : Higher education increases
R.T.I. awareness, the respondents were divided into two
categories viz. High educated and Low educated. 150
respondents were selected in each category. The level of
awareness was given three ratings viz. High, Average and Low.
In the High educated category, 14% respondents were
found to having high level of awareness, 62.67% were found to
having average level of awareness whereas low level of
awareness were found only in 23.33%. In the Low educated
category, these figures were 0.67%, 23.33% and 76%
respectively for high level of awareness, average level of
awareness and low level of awareness respectively. The logical
[219]
conclusion was that higher education increases the RTI
awareness.
The difference in level of awareness in both the groups was
further tested through Chi-square (X2) test. The degree of
freedom for the tabulated data was calculated to be 2 and value of
Chi-square (X2) was calculated to be 87.048 for 1% level of
significance. Whereas the table value of Chi-square (X2) for d.f.
2 and 1% level of significance is 9.210. Since, the calculated
value of Chi-square (X2) was more than the table value of Chi-
square (X2), this proves that there is a significant difference
between the level of awareness between High Educated Group
and Low Educated Group for 1% level of significance; and thus
corroborates the conclusion. The hypothesis stands proved and
established by the Chi-square (X2) test.
Hence, Hypothesis “H1: Higher education increases R.T.I.
awareness” is finally accepted.
2. For testing the second hypothesis H2: High status in society
increases R.T.I. awareness, the respondents were divided into
three categories viz. High social status, Medium social status and
Low social status. 65 respondents were from High social status,
115 were from Medium social status and 120 were from Low
social status.
Amongst the respondents from High social status, 12.30%
respondents were found to having high level of awareness,
53.84% were found to having average level of awareness 33.84%
were found to having low level of awareness. Amongst the
respondents from Medium social status, these figures were
10.44%, 49.56% and 40% for high level, average level and low
[220]
level of awareness respectively. Amongst the respondents from
Low social status, these figures were 1.67%, 30.33% and 67.5%
for high level, average level and low level of awareness
respectively. The logical conclusion was that high status in
society increases the RTI awareness.
The difference in level of awareness in these three
categories was further tested through Chi-square (X2) test. The
degree of freedom for the tabulated data was calculated to be 4
and value of Chi-square (X2) was calculated to be 29.153 for 1%
level of significance. Whereas the table value of Chi-square (X2)
for d.f. 4 and 1% level of significance is 13.277. Since, the
calculated value of Chi-square (X2) was more than the table value
of Chi-square (X2), this proves that there is a significant difference
between the level of awareness between respondents from High
social status, Medium social status and Low social status for 1%
level of significance; and thus corroborates the conclusion. The
hypothesis stands proved and established by the Chi-square (X2)
test.
Hence, Hypothesis “H2: High status in society increases
R.T.I. awareness” is finally accepted.
3. For testing the third hypothesis H3: Employment increases R.T.I.
awareness, the respondents were divided into two categories viz.
employed and unemployed. 105 respondents were in the
employed category and 195 respondents were in the unemployed
category.
In the employed category, 16.19% respondents were found
to having high level of awareness, 46.67% were found to having
average level of awareness and 37.14% were found to having low
[221]
level of awareness. In the unemployed category, these figures
were 2.56%, 41.02% and 56.42% for high level, average level and
low level of awareness respectively. The logical conclusion was
that employment increases the RTI awareness.
The difference in level of awareness in both the categories
was further tested through Chi-square (X2) test. The degree of
freedom for the tabulated data was calculated to be 2 and value of
Chi-square (X2) was calculated to be 22.709 for 1% level of
significance. Whereas the table value of Chi-square (X2) for d.f.
2 and 1% level of significance is 9.210. Since, the calculated
value of Chi-square (X2) was more than the table value of Chi-
square (X2), this proves that there is a significant difference
between the level of awareness between employed and
unemployed category for 1% level of significance; and thus
corroborates the conclusion. The hypothesis stands proved and
established by the Chi-square (X2) test.
Hence, Hypothesis “H3 : Employment increases R.T.I.
awareness” is finally accepted.
4. For testing the fourth hypothesis H4 : Age factor does not have
considerable effect on R.T.I. awareness, the respondents were
grouped into five age groups viz. 18-25 years, 25-35 years, 35-45
years, 45-55 years and 55 years & above. 91 respondents were
in the age group of 18-25 years, 90 were in the age group of
25-35 years, 58 were in the age group of 35-45 years, 43 were in
the age group of 45-55 years and 18 were in the age group of 55
years & above.
Amongst the respondents from age group of 18-25 years,
6.59% respondents were found to having high level of awareness,
[222]
40.65% were found to having average level of awareness 52.74%
were found to having low level of awareness. Amongst the
respondents from age group of 25-35 years, these figures were
6.67%, 42.22% and 51.11% for high level, average level and low
level of awareness respectively. Amongst the respondents from
age group of 35-45 years, these figures were 8.62%, 46.55% and
44.82% for high level, average level and low level of awareness
respectively. Amongst the respondents from age group of 45-55
years, these figures were 9.30%, 41.86% and 48.83% for high
level, average level and low level of awareness respectively.
Amongst the respondents from age group of 55 years & above,
these figures were 5.55%, 50% and 44.45% for high level,
average level and low level of awareness respectively. It was
slightly difficult to arrive at a logical conclusion in this case
because there were minor differences between the percentages
of level of awareness in different age-groups. Though logical
prima facie conclusion seems to be that “age factor have
considerable effect on the RTI awareness” yet it’s further testing
through Chi-square (X2) test becomes important here.
The difference in level of awareness in these five categories
was thus further tested through Chi-square (X2) test. The degree
of freedom for the tabulated data was calculated to be 8 and value
of Chi-square (X2) was calculated to be 2.156 for 1% level of
significance. Whereas the table value of Chi-square (X2) for d.f.
8 and 1% level of significance is 20.290. Since, the calculated
value of Chi-square (X2) was less than the table value of Chi-
square (X2), this proves that there is no significant difference
between the level of awareness between respondents of different
age groups for 1% level of significance and; thus negates the
[223]
prima facie conclusion and establishes the opposite conclusion
that “Age factor does not have considerable effect on R.T.I.
awareness.
The null hypothesis thus stands proved and established by
the Chi-square (X2) test. Hence, Null Hypothesis “H4: Age
factor does not have considerable effect on R.T.I. awareness”
is finally accepted.
5. For testing the fifth hypothesis H5: Higher economic position
increases R.T.I. awareness, the respondents were grouped into
three categories viz. High economic position, Medium economic
position and Low economic position. 68 respondents were from
High economic position, 116 were from Medium economic
position and 116 were from Low economic position.
Amongst the respondents from High economic position,
13.23% respondents were found to having high level of
awareness, 52.94% were found to having average level of
awareness 33.83% were found to having low level of awareness.
Amongst the respondents from Medium economic position, these
figures were 10.34%, 50% and 39.66% for high level, average
level and low level of awareness respectively. Amongst the
respondents from Low economic position, these figures were
0.87%, 30.17% and 68.96% for high level, average level and low
level of awareness respectively. The logical conclusion was that
higher economic position increases RTI awareness.
The difference in level of awareness in these three
categories was further tested through Chi-square (X2) test. The
degree of freedom for the tabulated data was calculated to be 4
and value of Chi-square (X2) was calculated to be 33.097 for 1%
[224]
level of significance. Whereas the table value of Chi-square (X2)
for d.f. 4 and 1% level of significance is 13.277. Since, the
calculated value of Chi-square (X2) was more than the table value
of Chi-square (X2), this proves that there is a significant difference
between the level of awareness between respondents from High
economic position, Medium economic position and Low economic
for 1% level of significance; and thus corroborates the conclusion.
The hypothesis stands proved and established by the Chi-square
(X2) test.
Hence, Hypothesis “H5: Higher economic position
increases R.T.I. awareness” is finally accepted.
6. For testing the sixth hypothesis H6: Gender (Male/Female) does
not have considerable impact on R.T.I. awareness, the
respondents were grouped according to gender. 150 respondents
were male and 150 respondents were female.
Among the male, 10% respondents were found to having
high level of awareness, 54.66% were found to having average
level of awareness and 35.34% were found to having low level of
awareness. Among the female, these figures were 4.67%,
31.33% and 64% for high level, average level and low level of
awareness respectively. The logical conclusion was that “gender
has considerable impact on R.T.I. awareness” and “R.T.I
awareness is more in male than female”.
The difference in level of awareness in both the categories
was further tested through Chi-square (X2) test. The degree of
freedom for the tabulated data was calculated to be 2 and value of
Chi-square (X2) was calculated to be 24.812 for 1% level of
significance. Whereas the table value of Chi-square (X2) for d.f.
[225]
2 and 1% level of significance is 9.210. Since, the calculated
value of Chi-square (X2) was more than the table value of Chi-
square (X2), this proves that there is a significant difference
between the level of awareness between male and female
category for 1% level of significance; and thus corroborates the
conclusion. The null hypothesis thus stands disproved and
rejected by the Chi-square (X2) test and opposite hypothesis
stands proved and accepted.
Hence, null Hypothesis “H6 : Gender (Male/Female) does
not have considerable impact on R.T.I. awareness” is finally
rejected and opposite conclusion “Gender has considerable
impact on R.T.I. awareness” as well as conclusion “R.T.I.
awareness is more in male than female” is accepted.
7. For testing the seventh hypothesis H7: R.T.I. awareness is more
in upper classes than OBC/SC/ST, the respondents were
grouped according to their categories viz. General, OBC, SC and
ST. 115 respondents were from General Category, 105 were
from OBC category, 50 were from SC category and 30 were from
ST category.
Amongst the respondents from General category, 8.69%
respondents were found to having high level of awareness,
68.69% were found to having average level of awareness 22.42%
were found to having low level of awareness. Amongst the
respondents from OBC category, these figures were 3.80%,
21.42% and 64.78% for high level, average level and low level of
awareness respectively. Amongst the respondents from SC
category, these figures were 2%, 28% and 70% for high level,
average level and low level of awareness respectively. Amongst
[226]
the respondents from ST category, these figures were 0%, 10%
and 90% for high level, average level and low level of awareness
respectively. The logical conclusion was that RTI awareness is
more in upper classes than OBC/SC/ST.
The difference in level of awareness in these four categories
was further tested through Chi-square (X2) test. The degree of
freedom for the tabulated data was calculated to be 6 and value of
Chi-square (X2) was calculated to be 65.15 for 1% level of
significance. Whereas the table value of Chi-square (X2) for d.f.
6 and 1% level of significance is 16.812. Since, the calculated
value of Chi-square (X2) was more than the table value of Chi-
square (X2), this proves that there is a significant difference
between the level of awareness between respondents from
General category, OBC category, SC category and ST category
for 1% level of significance; and thus corroborates the conclusion.
The hypothesis stands proved and established by the Chi-square
(X2) test.
Hence, Hypothesis “H7: R.T.I. awareness is more in upper
classes than OBC/SC/ST” is finally accepted.
8. For testing the eighth hypothesis H8 : R.T.I. implementation is
comparatively higher in Central Government offices, medium
in State Government offices and lower in local bodies, data
collected from the interviewing of CPIOs/SPIOs/CAPIOs/SAPIOs
of ten selected institutes/offices, was tabulated into 20 tables
according to each and every obligation cast upon public authority.
Rating Scale ranging from 0 to 1 has been used to reflect
the percentage of implementation of each obligation/obligation.
Where the obligation/obligation is not at all implemented, 0 point
[227]
is awarded; in case obligation/obligation is fully implemented, 1
point is awarded; and partial implementation is denoted by
proportionate rating e.g. 0.36 is given for 36% implementation; 0.5
is given for 50% implementation and so on. Where the particular
obligation/obligation is not applicable to a particular institute/office,
N/A is written. Finally, all points are added together to conclude
overall implementation of the Act in each institute/office.
Final calculation revealed that implementation of RTI Act in
Military Hospital Gwalior is 86.11%, Income Tax Office Gwalior is
88.88%, in Accountant General Office Gwalior 88.23%, in Indian
Railways Office Gwalior 83.33%, in Collectorate Gwalior 82.10%,
in Tehsildar Office Gwalior 67.89%, in S.P. Office Gwalior
61.17%, in District Education Office Gwalior 52.77%, in Municipal
Corporation Gwalior is 47.89% and in District Court Gwalior is
82.35%.
It is therefore proved that implementation of Right to
Information Act is comparatively higher in Central government
institutes/offices i.e. Military Hospital Gwalior, Income Tax Office
Gwalior, Accountant General Office Gwalior & Indian Railways
Office Gwalior; medium in State government institutes/offices i.e.
Collectorate Gwalior, Tehsildar Office Gwalior, S.P. Office Gwalior
& District Education Office Gwalior; and lower in Local bodies i.e.
Municipal Corporation Gwalior.
Hence hypothesis “H8: R.T.I. implementation is
comparatively higher in Central Government offices, medium
in State Government offices and lower in local bodies” is
finally accepted.
[228]
9. Due to subjectivity involved in the ninth hypothesis H9: Regular
on job training and updates to the dealing staff on the latest
decisions of C.I.C. and S.I.C. promote effective
implementation of R.T.I. Act, it’s testing was slightly difficult.
Therefore three stage strategy was adopted to test this
hypothesis. At the first stage, it was studied first that in which
institutes/offices regular “On Job Training” and “Updates on latest
decisions of C.I.C. and S.I.C.” are being provided to the dealing
staff. Thereafter, it was examined whether implementation of
R.T.I. Act was higher in those institutes/offices or not where
regular “On Job Training” and “Updates on latest decisions of
C.I.C. and S.I.C.” is being provided to the dealing staff. The result
so arrived was further examined and corroborated with the
analysis of data obtained from the interviews of First Appellate
Authority, CPIO/SPIO and CAPIO/SAPIO of all these
institutes/offices.
It was found that implementation of R.T.I. Act is higher in
those institutes/offices where `On Job Training’ are provided to
the dealing staff as in the case of Military Hospital where it is
86.11%, in Indian Railways Office Gwalior where it is 83.33%, in
Accountant General Office Gwalior where it is 88.23%, in Income
Tax Office Gwalior where it is 88.88%, in Collectorate Gwalior
where it is 82.10% and in District Court Gwalior where it is
82.35%. It is further evident that implementation of R.T.I. Act is
higher in those institutes/offices where frequency of `On Job
Training’ is more e.g. in Income Tax Office Gwalior
implementation is 88.88% and frequency is Half yearly; in
Accountant General Office Gwalior implementation is 88.23% and
frequency is Half yearly; in Military Hospital implementation is
[229]
86.11% and frequency is Annual; in Indian Railways Office
Gwalior implementation is 83.33% and training is given on
induction, in Collectorate Gwalior implementation is 82.10% and
training is given on induction; and in District Court Gwalior
implementation is 82.35% and training is given on induction.
Implementation of RTI Act is lower in those institutes/offices
where `On Job Training’ is not provided as in the case of
Tehsildar Office Gwalior where it is 67.89%, in S.P. Office Gwalior
where it is 61.17%, in District Education Office Gwalior where it is
52.77% and in Municipal Corporation Gwalior where it is 47.89%.
These results were further corroborated and established
from the data obtained from the interviews of First Appellate
Authority, CPIO/SPIO and CAPIO/SAPIO of all these
institutes/offices.
However, when it comes about the effect of `Regular
updates on the latest decisions of CIC/SIC to dealing staff’ on the
effective implementation of Right to Information Act, it is
established with the Table No. 26 and 27 that `Regular updates
on the latest decisions of CIC/SIC to dealing staff’ does not have
considerable effect on the effective implementation of Right to
Information Act.
Thus, Hypothesis “H9: Regular on job training and
updates to the dealing staff on the latest decisions of C.I.C.
and S.I.C. promote effective implementation of R.T.I. Act” is
partially accepted and partially rejected. It is accepted to the
extent that “Regular on job training to dealing staff promotes
effective implementation of R.T.I. Act” and rejected to the
[230]
extent that “Regular updates on the latest decisions of C.I.C.
and S.I.C. to the dealing staff promotes effective
implementation of R.T.I. Act”.
Hence, Hypothesis H9 is partially accepted and partially
rejected.
10. For testing the tenth hypothesis H10 : Public Information
Officers prefers to deny disclosure of information and try to
delay it as far as possible, data regarding the number of RTI
applications received during last six months and time taken by the
CPIO/SPIO in their disposal have been collected from the
concerned CPIOs/SPIOs. The data was thereafter tabulated and
analyzed to arrive at logical conclusion.
Out of total 792 RTI applications which were received
during last six months, all have been disposed off within the
prescribed time limit. 90.53% of the applications (i.e. 717 out of
792) have been disposed off within the time span of 21-30 days
whereas 9.47% (i.e. 75 out of 792) have been disposed off much
earlier within the time span of 11-20 days. Hence, the hypothesis
“H10: Public Information Officers prefers to deny disclosure of
information and try to delay it as far as possible” stands finally
rejected.
11. For testing the eleventh hypothesis H11 : Effective
implementation of R.T.I. Act can be effective tool of fight with
corruption, all the RTI applications were sorted out into two
categories viz. Corruption related issues and Non-corruption
related issues. 4.54% applications have been found to be
pertaining to Corruption related issues while remaining 95.46%
[231]
applications were pertaining to Non-corruption related issues.
These results are though surprising but on their basis hypothesis
“H11 : Effective implementation of R.T.I. Act can be effective
tool of fight with corruption” stands finally rejected.
12. For testing the twelfth hypothesis H12: There is scope for
strengthening R.T.I. Act to achieve its objectives enshrined in
its Preamble, response of total 181 respondents have been
considered. These 181 respondents include those 22
respondents who are having high level of RTI awareness, those
129 who were having an average level of RTI awareness, 10 First
Appellate Authority, 10 CPIOs/SPIOs and 10 CAPIOs/SAPIO
were considered. Those respondents who were found to having
low level of RTI awareness were not considered due to their
limited awareness. These 181 respondents were divided into two
groups viz. officials (total 30) and citizens (total 151).
53.33% officials and 58.27% citizens believe that there is
scope for further strengthening R.T.I. Act to achieve its objectives
whereas 46.67% officials and 41.73% citizens believe that there is
no scope for further strengthening of R.T.I. Act. In aggregate,
57.45% respondents believe that there is scope for further
strengthening R.T.I. Act to achieve its objectives whereas toal
42.55% respondents believes that there is no scope for further
strengthening of R.T.I. Act. The logical conclusion was that there
is a scope for further strengthening R.T.I. Act to achieve its
objectives enshrined in its preamble.
The difference in opinion was further tested through Chi-
square (X2) test. The degree of freedom for the tabulated data
was calculated to be 1 and value of Chi-square (X2) was
[232]
calculated to be 56.807 for 1% level of significance. Whereas
the table value of Chi-square (X2) for d.f. 1 and 1% level of
significance is 6.635. Since, the calculated value of Chi-square
(X2) was more than the table value of Chi-square (X2), this proves
that there is a significant difference between variable for 1% level
of significance; and thus corroborates the conclusion. The
hypothesis stands proved and established by the Chi-square (X2)
test.
Hence hypothesis “H12: There is scope for strengthening
R.T.I. Act to achieve its objectives enshrined in its Preamble”
is finally accepted.
INTERPRETATION AND GENERALIZATION
79By interpretation of data we mean the task of drawing
conclusions and of explaining their significance after a careful analysis
of the data. This post-factum interpretation is different from hypothesis-
testing. In hypothesis testing, the researcher begins with a specific
interpretation and determines whether the data are consistent with it or
not. But, in the post-factum interpretation, the analyst begins with the
data and seeks an interpretation which is consistent with the collected
data. Post-factum interpretations have generally low evidential value
compared with hypothesis testing because of following three distinctive
limitations.
(i) Interpretations are excessively flexible, which means one is
free to choose or change one’s interpretations at one’s will.
79 P.C. Tripathi, A Textbook of Research Methodology in Social Sciences, 5th Ed.,2005, Sultan Chand & Sons Educational Publishers, New Delhi, pp.312-314
[233]
(ii) Interpretations are not nullifiable, which means whatever
interpretation may be, there is no way to prove that
interpretation wrong.
(iii) Interpretations are not dependent on external confirmation,
which means if an interpretation is offered after the analysis
of data, there is no confirmation that the interpretation is
correct. One cannot refer back to the data for confirmation
nor can collect the data once again. The strength of
interpretation resides solely in the logical system in which it
is imbedded. In hypothesis testing, on the other hand, the
data come after the hypothesis has been formulated and
thus represent external confirmation o one’s line of
reasoning.
To avoid misinterpretation the researcher must guard himself
against the following mistakes while making interpretations:-
(i) Inappropriate comparisons.
(ii) Faulty inferences on the basis of inadequate data.
(iii) Errors in the use of various tools of analysis and
statistical methods.
(iv) Faulty generalizations on the basis of incorrect or
unrepresentative sample.
(v) Inadequate attention to individual cases.
By generalization, we mean extending the conclusion and
interpretation over the larger population with suitable modifications, if
required. The procedure is inverse to sampling. In sampling, a small
[234]
portion of population is selected to carry out the study. In
generalization, the results, which have been obtained from study of
sample, are extended to whole population or a larger population.
1. Interpretation and Generalization of results in respect of first
hypothesis H1: Higher education increases R.T.I. awareness:-
Education provides ability to read and write. All laws in
India including Right to Information Act are in written form. If a
person is unable to read and write, he cannot become aware of
law due to his inability to read and write. There are only two
options remain for him viz. either to remain unaware of laws or
take someone’s help to become aware of it. Second option
requires element of curiosity in him and very few uneducated
person possess curiosity. Moreover a curious uneducated will not
remain uneducated forever and will explore his capabilities and
resources to become educated as soon as possible. So,
generally uneducated persons will remain unaware of laws due to
their inability to read and write. As the level of education
increases, the capacity of understanding, analyzing and utilizing
the things to individual’s welfare increases correspondingly.
Education is a tool of empowerment and development.
Knowledge and awareness of laws which are beneficial to people
and society empower the people. Increase in education level
drives people to become aware of those public interests
legislations which empower them and give them some right for
their welfare and welfare of society. Moreover, education
enables people to understand the advantages of transparency
and openness in official transactions; as well as to understand the
disadvantages of corruption, graft and secrecy in governmental
transactions. Right to Information Act is a public interest
legislation which promotes transparency, good governance and
[235]
fight against graft and corruption; hence it attracts educated
people to become aware of its provisions in order to secure their
rights guaranteed under this Act. As the level of education
increases, the awareness of laws, rules and regulations also
increases. This is the reason for increase in awareness of Right
to Information Act with increase in level of education.
The impact of higher education is not limited upto Gwalior
only but extends all over the country; hence the result that “Higher
education increases R.T.I. awareness” can be generalized across
the country. It can be further generalized that “Higher education
increases the awareness of all those legislations which have
impact on good governance, transparency and tend to reduce
corruption”.
2. Interpretation and Generalization of results in respect of second
hypothesis H2: High status in society increases R.T.I.
awareness:-
In every society, the resources are distributed according to
social status. Maximum resources remain within the hands of
people having high status in society and those who have low
status in society have to satisfy within the minimum resources.
The prime focus and concern of these people from low social
status remain for earning bread and butter so that their family can
survive. They neither have time for reading laws and becoming
aware of it nor opportunity for it because maximum of their time
and efforts are spent in struggling for bread and butter. On the
other hand, people of high social status have maximum resources
with them and are in a position to spare time, efforts and money to
gain knowledge and empower themselves. Further, their high
status in society enables them to exercise their domination over
[236]
the people of low social status. In order to maintain their high
status they need to preserve their high status in society.
Awareness of laws empowers them towards this thereby inclining
them to be more aware of laws. Their intellectual development
also motivates them to contribute for society and fight for right
cause and against the social evils. In order to contribute
positively in the society, fight for right cause, efforts to eliminate
social evils and to keep their domination over low status group,
people of high status needs to be aware of latest developments in
the administrative and legal field. As the level of status increases
in the society, the awareness of laws also increases. This is the
reason for increase in awareness of Right to Information Act with
increase in social status.
This impact of higher social status is not limited upto
Gwalior city only but extends all over the country; hence the result
that “High social status increases R.T.I. awareness” can be
generalized across the country. It can be further generalized
that “High social status increases the awareness towards all those
legislations which empowers the person”.
3. Interpretation and Generalization of results in respect of third
hypothesis H3: Employment increases R.T.I. awareness:-
Employment affects awareness of Right to Information in
two ways. Firstly, employment increases income of people which
in turn improves their financial resources. Improvement in
financial resources leads them towards self-development.
Awareness of law and legal rights is one step of self-development.
Secondly, their employment demands them to be aware of Right
to Information Act because sometimes they are part of system
which has to implement Right to Information Act or some time
[237]
they themselves use Right to Information Act for getting some
information which is useful for them in their employment. Thus
employment increases the awareness of Right to Information Act.
However, this may be true only for that population which is
employed in government jobs or public sector undertakings or
private sector. This impact of employment can be generalized to
similar population. A maximum portion of population is engaged
unorganized sector like small retail shopkeepers, rickshaw-
pullers, auto drivers, barbers, vegetables sellers, tea stall runners
etc where this impact of employment cannot be similarly
generalized.
4. Interpretation and Generalization of results in respect of fourth
hypothesis H4 : Age factor does not have considerable effect
on R.T.I. awareness:-
The age does not play any significant role in R.T.I.
awareness because whenever a person is inclined towards
knowledge, empowerment and self-development, he remains
inclined towards it throughout the life. Inclination towards
knowledge, empowerment and development normally occurs at
the age of attaining maturity i.e. around 18 to 20 years, subject to
very few exceptions. Therefore, age does not have any
considerable effect on R.T.I. awareness.
This impact of employment can be generalized across the
country.
5. Interpretation and Generalization of results in respect of fifth
hypothesis H5: Higher economic position increases R.T.I.
awareness:-
[238]
High economic position gives people access to various
resources like education, transportation, internet, finance etc and
an opportunity to become part of High Social status group. High
economic position and in turn access to various resources also
provide them an opportunity to increase their knowledge,
education, promote their intellectual development, motivate them
to contribute in the society and fight for right cause and against
the social evils. All the factors mentioned in paragraphs 1 and 2
above becomes applicable in this case also, due to which
increase in economic position is directly proportional to the
awareness of laws. This is the reason for increase in awareness
of Right to Information Act with increase in social status.
The above impact of economic position vis a vis awareness
of Right to Information Act is not limited upto Gwalior only but
extends over the country; hence the result that “Higher economic
position increases R.T.I. awareness” can be generalized across
the country. It can be further generalized that “Higher economic
position increases the awareness towards all those legislations
which empowers the people”.
6. Interpretation and Generalization of results in respect of sixth
hypothesis H6: Gender (Male/Female) does not have
considerable impact on R.T.I. awareness:-
The results have rejected this hypothesis and proved that
R.T.I. awareness is higher in male than female. There are
several reasons towards this. Male literacy in the area of
research is higher than female literacy. A majority of women
population is shouldering the traditional responsibility of
housewife. Resources generally remain in the hand and under
the control of males. Females are largely dependent on males
[239]
for all matters. All these factors lead to lower level of awareness
of laws in females than males.
This impact of gender can be generalized across those
parts of country where females live in the similar conditions those
prevailing in Gwalior City. However, this may not be true for those
parts of country where women are empowered, educated and are
being dealt equally with their male counterparts.
7. Interpretation and Generalization of results in respect of seventh
hypothesis H7: R.T.I. awareness is more in upper classes than
OBC/SC/ST:-
Upper classes in society have more access to education
and resources in comparison to OBC, SC and ST. The reasons
mentioned in paragraphs 1, 2 and 5 above becomes can be
equally applied to interpret and explain results in respect of this
hypothesis also. The same are not being repeated here to avoid
duplicity.
The above impact of caste vis a vis awareness of Right to
Information Act is not limited upto Gwalior only but extends over
the country; hence the result that “R.T.I. awareness is more in
upper classes than OBC/SC/ST” can be generalized across the
country.
8. Interpretation and Generalization of results in respect of eighth
hypothesis H8 : R.T.I. implementation is comparatively higher
in Central Government offices, medium in State Government
offices and lower in local bodies:-
The infrastructure and financial resources remain higher in
central government offices. These remain medium in state
[240]
government offices and lower in local bodies in comparison to
central government offices. Secondly, level of supervision
remains higher in central government office because officials
remain beyond influence of regional politics and regional factors;
whereas in state government offices and local bodies, regional
politicians and other similar factors affect the level of supervision
and also appointments of supervisors. Thirdly, in state
government offices and local bodies, the loyalty of officials is
inclined, to a significant extent, towards their political patrons and
majority of their decisions are subject to will of their political
patrons. Fourthly, level of control by media especially electronic
media and civil society remain higher in central government
offices in comparison to state government offices and local
bodies. These are few reasons which lead to higher level of R.T.I.
implementation in central government offices, medium level in
state government offices and lower level in local bodies.
These results can be generalized for those states which are
comparatively similar to Madhya Pradesh culturally, socially and
economically etc.
9. Interpretation and Generalization of results in respect of ninth
hypothesis H9: Regular on job training and updates to the
dealing staff on the latest decisions of C.I.C. and S.I.C.
promote effective implementation of R.T.I. Act:-
Training always imparts knowledge. It educates the dealing
staff about the rules, procedures, legal provisions and best way to
do the work. Training on induction helps the employees to have
preliminary knowledge about the work they are supposed to carry
out, the detailed procures and responsibilities they have to share;
whereas On Job Training (OJT) helps them updating their
[241]
knowledge of change in rules, procedures and responsibilities.
These are some reasons which explain why regular on job
training to dealing staff promotes effective implementation of
R.T.I. Act.
This aspect of On Job Training is not only restricted upto
Gwalior city only but extends all over the country; hence the result
that “Regular OJT to dealing staff promotes effective
implementation of R.T.I. Act” can be generalized across the
country.
The results have partially rejected this hypothesis on the
point that `Regular updates on the latest decisions of C.I.C. and
S.I.C. to the dealing staff promotes effective implementation of
R.T.I. Act` and proved the contrary. There are two main reasons
behind it. Decisions of C.I.C. and S.I.C. mainly focus on one
particular point i.e. whether information asked by the applicant
under R.T.I. Act can be disclosed to him or it falls under
exemption clause? This point is not found significant among the
dealing staff within the selected institutes/offices because dealing
staff is prompt to maximum disclosure in order to avoid any
penalty. Hence, dealing staff attempts to disclose the information
as far as possible. Secondly, decisions of C.I.C. and S.I.C. are
available on their respective websites. Dealing staff refers these
decisions online and downloads them whenever required. Male
literacy in the area of research is higher than female literacy.
10. Interpretation and Generalization of results in respect of tenth
hypothesis H10 : Public Information Officers prefers to deny
disclosure of information and try to delay it as far as
possible:-
[242]
The results have rejected this hypothesis. The Public
Information Officers in order to carry out responsibilities
shouldered upon them, to avoid penalty and disciplinary action
provide information within the time limit prescribed in the Act.
11. Interpretation and Generalization of results in respect of eleventh
hypothesis H11 : Effective implementation of R.T.I. Act can be
effective tool of fight with corruption:-
The results have rejected this hypothesis. The results are
totally surprising because people mostly used provisions of R.T.I.
Act to meet their personal requirements like obtaining certified
copies for producing before Courts or other authorities, asking
copies of their personal records or records of property etc, which
are not at all related to corruption issues.
12. Interpretation and Generalization of results in respect of twelfth
hypothesis H12: There is scope for strengthening R.T.I. Act to
achieve its objectives enshrined in its Preamble:-
Every thing has a scope of improvement - be it legislation or
any other thing. Legislation process is dynamic process which
requires periodic review and amendments to maintain its efficacy
and to fulfill its objectives. As the time passes, the
implementation related issues emerge and need to be rectified in
order to continue the legislation being effective. Therefore, there
is always scope of improvement in any legislation including Right
to Information Act.
[243]
CHAPTER – ELEVEN
CONCLUSIONS AND
RECOMMENDATIONS
[244]
CHAPTER – ELEVEN
CONCLUSIONS AND RECOMMENDATIONS
Having been studied the awareness of the Right to Information on
the basis of education, social status, age, gender, caste, economic
position and employment, the following conclusions are drawn from the
analysis of the collected data:-
Higher education increases R.T.I. awareness.
High status in society increases R.T.I. awareness.
Employment increases R.T.I. awareness.
Age factor does not have considerable effect on R.T.I. awareness.
Higher economic position increases R.T.I. awareness.
Gender (Male/Female) has considerable impact on R.T.I.
awareness wherein awareness is higher in male than female.
R.T.I. awareness is more in upper classes than SC/ST/OBC. It is
maximum in General category, followed by Other Backward
Castes (OBC), further followed by Scheduled Castes (SC) and
minimum in Scheduled Tribes (ST).
On the basis of analysis of data collected towards study of
implementation of Right to Information Act in ten selected
institutions/offices the following conclusions are drawn:-
R.T.I. implementation is higher in Central Government offices,
medium in State Government offices and lower in local bodies.
The conclusion drawn from analysis of parameter-wise
[245]
implementation is given below:-
(a) Compliance of Section 4(1) (a) of Right to Information
Act.
(i) All records have been properly catalogued and
indexed in the Military Hospital, Indian Railways Office,
Accountant General Office, Income Tax Office and District
Court. However, the records have not been fully
catalogued and indexed in the Collectorate, S.P. Office,
Tehsildar Office, District Education Office and Municipal
Corporation. The main reasons for non-compliance of this
statutory provision in these five offices are heavy workload,
deficiency in the required manpower and faulty working
procedures. The nature of duties and function carried out in
these five offices is of such a nature that they have to
directly deal with public of entire district, resulting into heavy
workload. The situation aggravates with the deficiency in
the required manpower commensurate with the work.
There is no periodic review either at the State government
level or department level to consider the required strength of
manpower in these offices. As a result, the available staff in
these offices tends to complete the work on priority basis
and they seem to be justified on this point. Their focus is
more on those works which require immediate action or
which are marked urgent by their seniors whereas
remaining works keep on accumulating till their pendency
grow to such a high level that even thinking to open these
files becomes painful. Another factor contributing to this is
faulty working procedures. No specific and optimum
procedure to carry out all the duties and tasks is laid down
[246]
in these offices, which gives the staff an opportunity to carry
out their work in their work own way. Sometimes they
discover the best and the fastest way to carry out their task
and more often the worst and the slowest way.
Remedial Measures Suggested. It is suggested that the
Head of the Department in these offices should scrutinize
the workload thoroughly and streamline it in such a way
which avoid duplicity of work, infructuous correspondence,
infructuous practices and unwanted works. Effective and
justified working procedures may be framed by the Head of
the Department and implemented in these offices. An
optimum proposal of increase in manpower alongwith proper
and detailed justification may then be submitted for the
consideration of the government. As an interim measure,
the available manpower may be re-deployed in such a way
so as to fulfill this statutory obligation within a specified time
frame. Once the documents have been properly catalogued
and indexed, this redeployment of manpower may be
revoked and manpower may be routed to their parent
sections/branches.
(ii) All records have been computerized and connected
through a network all over the country in respect of the
Military Hospital, Indian Railways Office, Accountant General
Office, Income Tax Office and District Court. However, the
records have not been fully computerized and connected
through a network all over the country in respect of the
Collectorate, S.P. Office, Tehsildar Office, District Education
Office and Municipal Corporation. The main reasons for
non-compliance of this statutory provision in these five
[247]
offices are lack of infrastructure, resources and trained
manpower. Adequate number of computers and servers are
not provided to these offices. The concerned staff neither
has any formal computer education nor given any training on
it.
Remedial Measures Suggested. It is suggested that the
Head of the Department in these offices should examine the
necessity of adequate infrastructure and resources in these
offices and should meet the requirement within the existing
financial resources. In case, existing financial resources are
not adequate, they should submit the proposal for the
consideration of state government. Proposal for either
making formal computer education as a necessary
qualification for recruitment of concerned staff or providing
them adequate training and exposure on computers may
also be submitted to the state government after a thorough
study by the Head of the Departments. As an interim
measure, the available manpower may be given possible
exposure on computers and remaining computerization of
records may be done by outsourcing of work so as to fulfill
this statutory obligation.
(b) Compliance of Section 4(1) (b) of Right to Information
Act (17 Points Proactive Disclosure).
(i) Proactive disclosure of particulars of organizations,
functions and duties has been done in all selected
institutes/office except the District Education Office and
Municipal Corporation. The reasons behind non-
implementation of this statutory obligation in the District
[248]
Education Office and Municipal Corporation are lack of
knowledge in dealing staff, lack of supervision and
negligence towards the duties.
Remedial Measures Suggested. It is suggested that
immediate steps should be initiated in these offices to
educate the concerned staff thoroughly about
provisions of R.T.I. Act. The Head of the Office should
give extra focus on proper supervision and
implementation of statutory provisions.
(ii) Proactive disclosure of powers and duties of its officers
and employees has been done in all selected
institutes/office except the District Education Office and
Municipal Corporation. Though, powers and duties of
few officers have been proactively disclosed in respect
of in District Education Office and Municipal
Corporation yet these have not been disclosed in
respect of all officers and employees in these two
offices. The reasons behind it are lack of knowledge in
dealing staff, lack of supervision and negligence
towards the duties.
Remedial Measures Suggested. It is suggested that
immediate steps should be initiated in these offices to
educate the concerned staff thoroughly about
provisions of R.T.I. Act. The Head of the Office should
give extra focus on proper supervision and
implementation of statutory provisions.
(iii) Proactive disclosure of procedure followed in the
[249]
decision making process, including channels of
supervision and accountability has been fully done in
Military Hospital, Indian Railways Office, Accountant
General Office and Income Tax Office. The same was
not applicable for District Court Gwalior. In the
remaining five offices, this proactive disclosure was
partially done and the reasons towards this seem willful
negligence and lack of supervision.
Remedial Measures Suggested. The remedial
measures that can be suggested are proper supervision
and educating concerned staff about provisions of
R.T.I. act.
(iv) Proactive disclosure of norms set for discharge of
functions has not been carried out in any office. The
reason behind it is surprising. No norms have been
prescribed in these offices for discharge of functions till
date by the competent authorities.
Remedial Measures Suggested. It is suggested that
necessary norms may be drafted by the Head of
Department in these institutes/offices and submitted
before the competent authorities for consideration and
approval.
(v) Proactive disclosure of rules, regulations, instructions,
manuals and records has been fully done in Accountant
General Office, Income Tax Office and District Court
Gwalior. The same was partially disclosed in Military
Hospital due to sensitive nature of documents related to
[250]
Armed Forces. The same have not at all been
disclosed in respect of Indian Railways Office, S.P.
Office, Tehsildar Office, District Education Office and
Municipal Corporation whereas disclosure in respect of
Collectorate has been partial. The reasons behind it
are negligence and lack of supervision.
Remedial Measures Suggested. The remedial
measures that can be suggested are proper supervision
and educating concerned staff about provisions of
R.T.I. act.
(vi) Proactive disclosure of statement of the categories of
documents that are held by or under the control of
these offices has been fully done in these offices.
(vii) Proactive disclosure of particulars of any arrangement
that exists for consultation with, or representation by,
the members of the public in policy formulation has not
been done in any of these offices because this point is
not applicable for any of these selected
offices/institutes.
(viii) Proactive disclosure of statement of the boards,
councils, committees and other bodies and minutes of
their meetings has been fully done in Military Hospital,
Indian Railways Office, Accountant General Office,
Income Tax Office and Collectorate Gwalior. The same
have not at all been disclosed in respect of S.P. Office,
Tehsildar Office, District Education Office, Municipal
Corporation and District Court Gwalior. The reasons
[251]
behind it are negligence and lack of supervision.
Remedial Measures Suggested. The remedial
measures that can be suggested are proper supervision
and educating concerned staff about provisions of
R.T.I. act.
(ix) Proactive disclosure of directory of officers and
employees has been fully done in all these
offices/institutes.
(x) Proactive disclosure of monthly remuneration of officers
and employees has been fully done in Military Office,
Indian Railways Office, Accountant General Office,
Income Tax Office Collectorate and District Court
Gwalior. The same have not at all been disclosed in
respect of S.P. Office, Tehsildar Office, District
Education Office and Municipal Corporation. The
reasons behind it are negligence and lack of
supervision.
Remedial Measures Suggested. The remedial
measures that can be suggested are proper supervision
and educating concerned staff about provisions of
R.T.I. act.
(xi) Proactive disclosure of budget allocation, particulars of
plans, proposed expenditure and reports on
disbursements has been not done in any of these
institutes/offices. The reasons behind it are negligence
and lack of supervision.
[252]
Remedial Measures Suggested. The remedial
measures that can be suggested are proper supervision
and educating concerned staff about provisions of
R.T.I. act.
(xii) Proactive disclosure of manner of execution of subsidy
programmes and details of beneficiaries has been done
in all those offices/institutes where these are applicable.
(xiii) Proactive disclosure of particulars of recipients of
concessions, permits or authorizations has been done
in all those offices/institutions where these are
applicable.
(xiv) Proactive disclosure of details of the information that
has been reduced in an electronic form has been done
in all offices except District Education Office and
Municipal Corporation. The same have been partially
disclosed in District Education Officer. The same have
not at all been disclosed in respect of Municipal
Corporation. The reasons behind it are negligence and
lack of supervision.
Remedial Measures Suggested. The remedial
measures that can be suggested are proper supervision
and educating concerned staff about provisions of
R.T.I. act.
(xv) Proactive disclosure of particulars of facilities available
to citizens for obtaining information, including working
hours of a library or reading room has been done in all
these office/institutes.
[253]
(xvi) Proactive disclosure of names, designations and other
particulars of Public Information Officers has been done
in all these office/institutes.
(xvii) Proactive disclosure of updating of above sixteen points
information every year has been done in all these
office/institutes.
(c) Compliance of Section 4(1) (b) of Right to Information
Act. This 17 points proactive disclosure, subject to extent of
disclosure shown above, is being provided suo motu to the
public at regular intervals through various means of
communication including internet as required under section
4(2) of the R.T.I. Act in these offices. This 17 points
proactive disclosure is being disseminated in English
language in Military Hospital Gwalior; in Hindi language and
English language in Indian Railways Office, Income Tax
Office, Accountant General Office, Collectorate, S.P. Office
and District Court Gwalior; and in Hindi language in
Tehsildar Office, District Education Office and Municipal
Corporation. The form, manner and language of
dissemination of this information are accessible and
comprehensible to the public and thus fulfill the objectives of
this Act.
Regular “On Job Training” to dealing staff promotes effective
implementation of Right to Information Act. However, updates to
the dealing staff on latest decisions of C.I.C. and S.I.C.” does not
have any considerable impact on effective implementation of
R.T.I. Act.
[254]
Public Information Officers dispose R.T.I. application within the
prescribed time limit.
It could not be proved that effective implementation of R.T.I. Act
can be an effective tool to fight with corruption.
There is scope for strengthening R.T.I. Act to achieve its
objectives enshrined in its Preamble.
The fee prescribed in R.T.I. Act provides sufficient financial
resources for its implementation and there is presently no extra
financial burden on exchequer towards implementation of R.T.I.
Act at these offices/institutes level. However, there are definitely
financial implications at government level on its implementation
like constitution of Central/State Information Commission and
related matters, imparting training and creating awareness etc.
Right to information is generally regarded as one of the most
important cornerstones of participatory democracy because public
access to information instills sprit of accountability and transparency in
governance. Right to information is also seen as a corrective
instrument to check corruption, secrecy and bureaucratic apathy
towards citizens. Thus in this era of information revolution and
globalization, right to information is a pre-requisite for healthy
democratic structure80. Therefore, more and more researches need to
be carried out on Right to Information across the country. Research
and study on the following topics are recommended on the basis of
present research:-
1. Present research is restricted only upto two aspects of Right to
80 Menon S., Right to Information Act and NREGA, reflections on Rajasthan, Institute of Chartered Financial Analysts of India, 2007
[255]
Information viz. its use and implementation. Other aspects of
Right to Information Act like its effectiveness, its organizational set
up, its procedures etc can be topics for research for other
researchers.
2. Present research is restricted only upto analytical study of use
and implementation of Right to Information Act. Other
approaches of its study like Critical Study and Comprehensive
study etc can be topics for research for other researchers.
3. Present research is restricted only upto Gwalior City. Similar
study in other cities, study on other aspects in different cities,
study on different approach in other cities can be topics for other
researchers.
4. Comparative study of use and implementation of Right to
Information in different cities can also be topics for other
researchers. Similarly, comparative study can also be done on
other aspects of Right to Information Act. Comparative study can
also be done on different approaches on study of Right to
Information Act.
5. A number of inequalities and dissimilarities are visible between
the rural area and urban area. Therefore, comparative study of
awareness of Right to Information Act can be an interesting topic
for other prospective researchers.
6. Multi disciplinary study of Right to Information Act in the discipline
of Public Administration, Political Science, Management, Law,
Sociology, Social Works etc can also be an interesting topic for
other prospective researchers.
[256]
7. Similar study on difference segment of society can also be an
interesting topic for other prospective researchers.
There have been a number of reforms in the field of administration
and enactment of Right to Information is one of them, but these reforms
could not yield into desired results. Therefore, it becomes imperative
to find out the reasons which cause impedance in effective
implementation and use of Right to Information Act. During research,
the researcher found the following obstacles in effective use and
implementation of Right to Information Act, which can be successfully
removed by the government with the cooperation of people, Civil
Societies, NGOs etc:-
(1) Illiteracy - Illiteracy is one of the basic impedance in the effective
use and implementation of Right to Information Act. It is
established in the present research that RTI awareness is more in
educated people than uneducated people, which means that
education is a key for empowerment. The government should
focus on elimination of illiteracy in its five-year plans and
development schemes. Participation of various civil societies,
nongovernmental organization, social workers and public should
be encouraged in illiteracy removal.
(2) Poverty – Poverty is another reason which causes impedance in
the effective use and implementation of Right to Information Act.
The government should focus on poverty eradication through
various welfare schemes, development planning, employment
generation and sustainable development.
(3) Unemployment – Unemployment is another cause of concern for
effective use and implementation of Right to Information Act. It is
established in the present research that RTI awareness is more in
[257]
the employed people. The government should focus on
establishment of skill development centers and employment
generation schemes to its citizens.
(4) Lack of Awareness – A majority of population is not fully aware
of provisions of Right to Information Act. Despite this Act being a
path-breaking legislation and image changer, it’s very poor level
of awareness is a cause of concern for the bureaucracy and
political executives of the State. People do not know what are
their rights and what is the procedure to obtain the information.
The citizen must be made aware of what to ask and how to ask.
Unawareness of the Act and its welfare-oriented provisions, if not
timely addressed, will defeat the very purpose of its enactment.
Awareness as an empowerment is a key to “Good Governance”,
therefore thrust on awareness building must be continued.
Government should start special awareness camps especially in
the rural areas and with special attention for females. Co-
operation of Civil Society and NGOs must be obtained towards
awareness. Special awareness programmes should be launched
with the help of Gram Panchayats, Nagar Panchayats,
Nagarpalikas, Aganwadi Agents and volunteers. Various cultural
events like folk songs, festivals, Mela etc are to be utilized for
improving awareness. Simultaneously, concerned officials
should be imparted training programmes towards efficient and
effective implementation of the Act.
(5) Lack of Efficient Record Management - Documents are not
systematically maintained and recorded in some of the offices of
State government nor has their computerization been done. As
such, even where SPIO in these offices wishes to supply the
information to the applicant, he is unable to retrieve the
[258]
information from its files within the stipulated time-frame.
Competent authorities in these offices should initiate a time-bound
programme for efficient record management.
(6) Procedural Drawbacks – The process of obtaining information
seems very simple on paper, but in practice it is very tedious.
People are not aware to whom they should approach for a
particular type of information. Different rules for the Centre and
States, especially about the fee also create confusion for the
public. Local Civil society organization should play a meaningful
role to guide the citizens.
(7) Lack of Evaluation Mechanism – At present, there is no
mechanism or mode of evaluation for the public authorities to
ascertain upto what extent the provisions of Right to Information
Act have been implemented. There is no method for fixing
responsibilities and enforce full implementation. The Act only
specifies the particular duties for CPIO/SPIO but there is no
mechanism to see whether appropriate formats and registers
have been developed to ensure full implementation of the Act.
There is no monitoring who can supervise whether all the
requirements under the Act have been complied with or not.
Government should look into these, frame suitable evaluation
mechanism, monitoring mechanism, fix the responsibilities and
initiate coercive actions against defaulting officials where the Act
is not fully implemented.
(8) Lack of Resources – Lack for separate resource allocation for
implementation is also a major obstacle. While the fee
prescribed under the Act is sufficient to meet with the cost of
information which is supposed to be supplied to the applicant, but
[259]
necessary infrastructure like availability of sufficient computers,
internet connections, stationery, and equipments for storing and
preserving records are found lacking in almost all the offices.
Government should take steps for making separate resource
allocation for implementation of the Right to Information Act.
(9) Other Factors – There are many other factors like social
discrimination, casteism, lack of citizens’ participation in decision
making process, bureaucratic mentality and legacy etc which also
causes hindrance in effective use and implementation of Right to
Information Act.
PRACTICAL UTILITY OF RESEARCH
Any research or study is meaningful when it can serve any practical
purpose or show its utility in public. Present research, which is carried
out in the Indian background, is sufficient to explain that awareness
towards laws and legal rights; however it is still an untouched matter for
citizens in India, which demands an extensive movement both at the
level of government as well as civil societies to increase awareness of
Right to Information Act among the masses. The following is the
practical utility of this research in increasing awareness and creating
suitable social atmosphere towards Right to Information Act:-
For People – Having studied the awareness of Right to
Information Act within the Gwalior city, it has emerged that,
presently, its awareness level is very low amongst the citizens.
The present research will be useful for presenting a true picture of
RTI awareness in Gwalior city as well as creating awareness
amongst the citizens so that they can empower themselves and
contribute in the participative democracy.
[260]
For Students – Students are future law abiding citizens. Their
higher awareness of Right to Information Act will be beneficial to
the society and country. It will enable them to know their rights
and procedure to ensure openness, transparency and
accountability in the governance, which will onward enable them
to fight against corruption, graft and irregularities.
For Civil Societies and Social Workers – This research will be
useful for civil societies and social workers because it will help
them in knowing the current level of awareness of Right to
Information Act amongst the citizens and subsequently plan their
projects, seminars, camps etc towards generating and improving
the awareness.
For Educational Institutes – Education is the first step of
awareness. Educational institutes can make the present
research will help the educational institutes to modify their
syllabus by including RTI in school level and college level syllabus
and contributing in increase in awareness. Teachers can also
teach their students the provisions of Right to Information Act and
contribute in society.
For Media – Media can sponsor the programmes for creating
social awareness of Right to Information Act among the citizens
on the basis of this research. Newspapers can publish articles
pertaining to use and implementation of Right to Information Act
and can contribute in creating its further awareness.
For Thinkers – The present research will help the thinkers to
analyze the hindrances and loopholes coming in the way of
effective use and implementation of Right to Information Act and
[261]
further generate their views for improvement in the Right to
Information Act.
For Government – The present research will be helpful for
government in getting a true picture of the level of implementation
of Right to Information in Gwalior City and subsequently initiate
corrective actions so that the Act is fully implemented in all its
departments. It will further help them to plan their awareness
measures at Central, State and Local level.
LIMITATIONS
Every research has some flaws, which may arise out of
researcher`s bias, respondent`s bias, lack of reliability of data,
inconsistency in data, errors while calculations, misinterpretation of
facts etc. A researcher must put all possible efforts sincerely to
minimize these flaws. While all efforts have been carried out by the
researcher to minimize the flaws in this research yet the result may
have following limitations:-
(1) Data may suffer with respondent’s bias although adequate
measures have been taken to minimize it like ensuring reliability and
consistency in data.
(2) Data may contain willful and deliberate wrong inputs given by the
respondents especially by the C.P.I.Os./S.P.I.Os. although various
checks and balances methods have been adopted to remove it.
(3) There may be error in interpreting the facts and results though the
researcher has tried all his best to properly interpret the facts and
results. To err is human and the researcher is not an exception to it.
[i]
BIBLIOGRAPHY
AIR 1975 SC 865, State of U.P. v Rajnarain
A Moser, Survey Methods in Social Investigation, published by Heinemann Publications, London,1961
Bernard Berelson & Gary A. Steiner, Human Behaviour: An inventory of Scientific Findings, published by N.Y. Harcourt, Brace and World, 1964.
Fred N. Kerlingr, Foundations of Behavioral Research, published by Surjeet Publications, Delhi, 1983
G.M. Fisher, “Fairchild’s dictionary of Sociology”
Government of India, Right to Information: Master Key to Good Governance, First Report, Second Administrative Reforms Commission, New Delhi, 2006
Jaidev Bangia, Right to Information Act 2005 (Bare Act), published by Suvidha Law House Pvt. Ltd., Bhopal, 2010
Jaidev Bangia, Freedom of Information Act, 2002 (Bare Act), published by Suvidha Law House Pvt. Ltd., Bhopal, 2003
Neeraj Kumar, Right to Information Act 2005, published by Bharat Law House Pvt. Ltd, New Delhi, 2011
P.C. Tripathi, A Textbook of Research Methodology in Social Sciences, published by Sultan Chand & Sons Educational Publishers, New Delhi, 2005
P.K. Saini & R.K. Gupta, Right to Information Act, 2005, published by Deep & Deep Publication Pvt. Ltd., 2009
Radheshyam Dwivedi, Right to Information Act 2005, published by Suvidha Law House Pvt. Ltd., Bhopal, 2010
[ii]
Ram Kataria, Shorter Commentary on “Right to Information Act 2005”, published by India Law House, New Delhi, 2010
Vijay Kumar, Right to Information Act 2005, published by Orient Publications Company, 2010
Yogesh Kumar, Right to Information Act in Madhya Pradesh : Status Report, Government of Madhya Pradesh, 2007
Young PV, Scientific Social Surveys and Research, published by Asia Publishing House, Bombay,1960
ARTICLES
Minutes of Conference of Chief Ministers on “Effective and Respective Government” held on 24.5.1997
Parliamentary debate on Right to Information Bill, 2004
Parliamentary debate on RTI Amendment Bill, 2005.
Right to Information and the Common Man : A Socio-Legal Study by Anupam Ahluwalia & Manoj Sharma
Thomas Emerson, “Towards a General Theory of First Amendment”, The Yale law Journal, Vol. 72, 1963
Dewinder Singh, `Implementation of RTI Act, 2005. Some National and International experiences’, 2006
[iii]
Appendix A
THE RIGHT TO INFORMATION ACT, 2005
No. 22 of 2005
[15th June, 2005]
An Act to provide for setting out the practical regime of right to information for citizens to
secure access to information under the control of public authorities, in order to promote transparency
and accountability in the working of every public authority, the constitution of a Central Information
Commission and State Information Commissions and for matters connected therewith or incidental
thereto.
Whereas the Constitution of India has established democratic Republic;
And whereas democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed;
And whereas revelation of information in actual practice is likely to conflict with other public interests including efficient operations of the Governments, optimum use of limited fiscal resources and the preservation of confidentiality of sensitive information;
And whereas it is necessary to harmonise these conflicting interests while preserving the paramountacy of the democratic ideal;
Now, therefore, it is expedient to provide for furnishing certain information to citizens who desire to have it.
Be it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement –
(1) This Act may be called the Right to Information Act, 2005.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) The provisions of sub-section (1) of section 4, sub-sections (1) and (2) of section 5,
sections 12, 13, 15,16, 24 , 27 and 28 shall come into force at once, and the
remaining provisions of this Act shall come into force on the one hundred and
twentieth day of its enactment.
2. Definitions - In this Act, unless the context otherwise requires,—
[iv]
(a) "appropriate Government" means in relation to a public authority which is
established, constituted, owned, controlled or substantially financed by funds
provided directly or indirectly—
(i) by the Central Government or the Union territory administration, the Central
Government;
(ii) by the State Government, the State Government;
(b) "Central Information Commission" means the Central Information Commission
constituted under sub-section (1) of section 12;
(c) "Central Public Information Officer" means the Central Public Information Officer
designated under sub-section (1) and includes a Central Assistant Public
Information Officer designated as such under sub-section (2) of section 5;
(d) "Chief Information Commissioner" and "Information Commissioner" mean the
Chief Information Commissioner and Information Commissioner appointed under
sub-section (3) of section 12;
(e) "competent authority" means—
(i) the Speaker in the case of the House of the People or the Legislative
Assembly of a State or a Union territory having such Assembly and the
Chairman in the case of the Council of States or Legislative Council of a
State;
(ii) the Chief Justice of India in the case of the Supreme Court;
(iii) the Chief Justice of the High Court in the case of a High Court;
(iv) the President or the Governor, as the case may be, in the case of other
authorities established or constituted by or under the Constitution;
(v) the administrator appointed under article 239 of the Constitution;
(f) "information" means any material in any form, including records, documents,
memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks,
contracts, reports, papers, samples, models, data material held in any electronic
form and information relating to any private body which can be accessed by a public
authority under any other law for the time being in force;
(g) "prescribed" means prescribed by rules made under this Act by the appropriate
Government or the competent authority, as the case may be;
(h) "public authority" means any authority or body or institution of self- government
established or constituted—
(a) by or under the Constitution;
(b) by any other law made by Parliament;
[v]
(c) by any other law made by State Legislature;
(d) by notification issued or order made by the appropriate Government, and
includes any—
(i) body owned, controlled or substantially financed;
(ii) non-Government organization substantially financed, directly or
indirectly by funds provided by the appropriate Government;
(i) "record" includes—
(a) any document, manuscript and file;
(b) any microfilm, microfiche and facsimile copy of a document;
(c) any reproduction of image or images embodied in such microfilm (whether
enlarged or not); and
(d) any other material produced by a computer or any other device;
(j) "right to information" means the right to information accessible under this Act
which is held by or under the control of any public authority and includes the right
to—
(i) inspection of work, documents, records;
(ii) taking notes, extracts or certified copies of documents or records;
(iii) taking certified samples of material;
(iv) obtaining information in the form of diskettes, floppies, tapes, video
cassettes or in any other electronic mode or through printouts where such
information is stored in a computer or in any other device;
(k) "State Information Commission" means the State Information Commission
constituted under sub-section (1) of section 15;
(l) "State Chief Information Commissioner" and "State Information Commissioner"
mean the State Chief Information Commissioner and the State Information
Commissioner appointed under sub-section (3) of section 15;
(m) "State Public Information Officer" means the State Public Information Officer
designated under sub-section (1) and includes a State Assistant Public Information
Officer designated as such under sub-section (2) of section 5;
(n) "third party" means a person other than the citizen making a request for information
and includes a public authority.
[vi]
CHAPTER II
RIGHT TO INFORMATION AND OBLIGATIONS OF PUBLIC AUTHORITIES
3. Right to information - Subject to the provisions of this Act, all citizens shall have the right to
information.
4. Obligation of Public Authorities –
(1) Every public authority shall—
(a) maintain all its records duly catalogued and indexed in a manner and the
form which facilitates the right to information under this Act and ensure that
all records that are appropriate to be computerised are, within a reasonable
time and subject to availability of resources, computerised and connected
through a network all over the country on different systems so that access to
such records is facilitated;
(b) publish within one hundred and twenty days from the enactment of this
Act,—
(i) the particulars of its organisation, functions and duties;
(ii) the powers and duties of its officers and employees;
(iii) the procedure followed in the decision making process, including
channels of supervision and accountability;
(iv) the norms set by it for the discharge of its functions;
(v) the rules, regulations, instructions, manuals and records, held by it
or under its control or used by its employees for discharging its
functions;
(vi) a statement of the categories of documents that are held by it or
under its control;
(vii) the particulars of any arrangement that exists for consultation with,
or representation by, the members of the public in relation to the
formulation of its policy or implementation thereof;
(viii) a statement of the boards, councils, committees and other bodies
consisting of two or more persons constituted as its part or for the
purpose of its advice, and as to whether meetings of those boards,
councils, committees and other bodies are open to the public, or the
minutes of such meetings are accessible for public;
(ix) a directory of its officers and employees;
[vii]
(x) the monthly remuneration received by each of its officers and
employees, including the system of compensation as provided in its
regulations;
(xi) the budget allocated to each of its agency, indicating the particulars
of all plans, proposed expenditures and reports on disbursements
made;
(xii) the manner of execution of subsidy programmes, including the
amounts allocated and the details of beneficiaries of such
programmes;
(xiii) particulars of recipients of concessions, permits or authorisations
granted by it;
(xiv) details in respect of the information, available to or held by it,
reduced in an electronic form;
(xv) the particulars of facilities available to citizens for obtaining
information, including the working hours of a library or reading room,
if maintained for public use;
(xvi) the names, designations and other particulars of the Public
Information Officers;
(xvii) such other information as may be prescribed and thereafter update
these publications every year;
(c) publish all relevant facts while formulating important policies or announcing
the decisions which affect public;
(d) provide reasons for its administrative or quasi-judicial decisions to affected
persons.
(2) It shall be a constant endeavour of every public authority to take steps in
accordance with the requirements of clause (b) of sub-section (1) to provide as
much information suo motu to the public at regular intervals through various means
of communications, including internet, so that the public have minimum resort to the
use of this Act to obtain information.
(3) For the purposes of sub-section (1), every information shall be disseminated widely
and in such form and manner which is easily accessible to the public.
(4) All materials shall be disseminated taking into consideration the cost effectiveness,
local language and the most effective method of communication in that local area
and the information should be easily accessible, to the extent possible in electronic
format with the Central Public Information Officer or State Public Information Officer,
as the case may be, available free or at such cost of the medium or the print cost
price as may be prescribed.
[viii]
Explanation.—For the purposes of sub-sections (3) and (4), "disseminated" means
making known or communicated the information to the public through notice boards,
newspapers, public announcements, media broadcasts, the internet or any other
means, including inspection of offices of any public authority.
5. Designation of Public Information Officers –
(1) Every public authority shall, within one hundred days of the enactment of this Act,
designate as many officers as the Central Public Information Officers or State Public
Information Officers, as the case may be, in all administrative units or offices under it
as may be necessary to provide information to persons requesting for the
information under this Act.
(2) Without prejudice to the provisions of sub-section (1), every public authority shall
designate an officer, within one hundred days of the enactment of this Act, at each
sub-divisional level or other sub-district level as a Central Assistant Public
Information Officer or a State Assistant Public Information Officer, as the case may
be, to receive the applications for information or appeals under this Act for
forwarding the same forthwith to the Central Public Information Officer or the State
Public Information Officer or senior officer specified under sub-section (1) of section
19 or the Central Information Commission or the State Information Commission, as
the case may be:
Provided that where an application for information or appeal is given to a Central
Assistant Public Information Officer or a State Assistant Public Information Officer,
as the case may be, a period of five days shall be added in computing the period for
response specified under sub-section (1) of section 7.
(3) Every Central Public Information Officer or State Public Information Officer, as the
case may be, shall deal with requests from persons seeking information and render
reasonable assistance to the persons seeking such information.
(4) The Central Public Information Officer or State Public Information Officer, as the
case may be, may seek the assistance of any other officer as he or she considers it
necessary for the proper discharge of his or her duties.
(5) Any officer, whose assistance has been sought under sub-section (4), shall render
all assistance to the Central Public Information Officer or State Public Information
Officer, as the case may be, seeking his or her assistance and for the purposes of
any contravention of the provisions of this Act, such other officer shall be treated as
a Central Public Information Officer or State Public Information Officer, as the case
may be.
6. Request for obtaining information –
(1) A person, who desires to obtain any information under this Act, shall make a request
in writing or through electronic means in English or Hindi or in the official language
of the area in which the application is being made, accompanying such fee as may
be prescribed, to—
[ix]
(a) the Central Public Information Officer or State Public Information Officer, as
the case may be, of the concerned public authority;
(b) the Central Assistant Public Information Officer or State Assistant Public
Information Officer, as the case may be, specifying the particulars of the
information sought by him or her:
Provided that where such request cannot be made in writing, the Central
Public Information Officer or State Public Information Officer, as the case
may be, shall render all reasonable assistance to the person making the
request orally to reduce the same in writing.
(2) An applicant making request for information shall not be required to give any reason
for requesting the information or any other personal details except those that may be
necessary for contacting him.
(3) Where an application is made to a public authority requesting for an information,—
(i) which is held by another public authority; or
(ii) the subject matter of which is more closely connected with the functions of
another public authority, the public authority, to which such application is
made, shall transfer the application or such part of it as may be appropriate
to that other public authority and inform the applicant immediately about
such transfer:
Provided that the transfer of an application pursuant to this sub-section shall
be made as soon as practicable but in no case later than five days from the
date of receipt of the application.
7. Disposal of request –
(1) Subject to the proviso to sub-section (2) of section 5 or the proviso to sub-section (3)
of section 6, the Central Public Information Officer or State Public Information
Officer, as the case may be, on receipt of a request under section 6 shall, as
expeditiously as possible, and in any case within thirty days of the receipt of the
request, either provide the information on payment of such fee as may be prescribed
or reject the request for any of the reasons specified in sections 8 and 9:
Provided that where the information sought for concerns the life or liberty of a
person, the same shall be provided within forty-eight hours of the receipt of the
request.
(2) If the Central Public Information Officer or State Public Information Officer, as the
case may be, fails to give decision on the request for information within the period
specified under sub-section (1), the Central Public Information Officer or State Public
Information Officer, as the case may be, shall be deemed to have refused the
request.
[x]
(3) Where a decision is taken to provide the information on payment of any further fee
representing the cost of providing the information, the Central Public Information
Officer or State Public Information Officer, as the case may be, shall send an
intimation to the person making the request, giving—
(a) the details of further fees representing the cost of providing the information
as determined by him, together with the calculations made to arrive at the
amount in accordance with fee prescribed under sub-section (1), requesting
him to deposit that fees, and the period intervening between the despatch of
the said intimation and payment of fees shall be excluded for the purpose of
calculating the period of thirty days referred to in that sub-section;
(b) information concerning his or her right with respect to review the decision as
to the amount of fees charged or the form of access provided, including the
particulars of the appellate authority, time limit, process and any other
forms.
(4) Where access to the record or a part thereof is required to be provided under this
Act and the person to whom access is to be provided is sensorily disabled, the
Central Public Information Officer or State Public Information Officer, as the case
may be, shall provide assistance to enable access to the information, including
providing such assistance as may be appropriate for the inspection.
(5) Where access to information is to be provided in the printed or in any electronic
format, the applicant shall, subject to the provisions of sub-section (6), pay such fee
as may be prescribed:
Provided that the fee prescribed under sub-section (1) of section 6 and sub-sections
(1) and (5) of section 7 shall be reasonable and no such fee shall be charged from
the persons who are of below poverty line as may be determined by the appropriate
Government.
(6) Notwithstanding anything contained in sub-section (5), the person making
request for the information shall be provided the information free of charge where a
public authority fails to comply with the time limits specified in sub-section (1).
(7) Before taking any decision under sub-section (1), the Central Public Information
Officer or State Public Information Officer, as the case may be, shall take into
consideration the representation made by a third party under section 11.
(8) Where a request has been rejected under sub-section (1), the Central Public
Information Officer or State Public Information Officer, as the case may be, shall
communicate to the person making the request,—
(i) the reasons for such rejection;
(ii) the period within which an appeal against such rejection may be preferred;
and
(iii) the particulars of the appellate authority.
[xi]
(9) An information shall ordinarily be provided in the form in which it is sought unless it
would disproportionately divert the resources of the public authority or would be
detrimental to the safety or preservation of the record in question.
8. Exemption from disclosure of information –
(1) Notwithstanding anything contained in this Act, there shall be no obligation to give
any citizen,—
(a) information, disclosure of which would prejudicially affect the sovereignty
and integrity of India, the security, strategic, scientific or economic interests
of the State, relation with foreign State or lead to incitement of an offence;
(b) information which has been expressly forbidden to be published by any
court of law or tribunal or the disclosure of which may constitute contempt of
court;
(c) information, the disclosure of which would cause a breach of privilege of
Parliament or the State Legislature;
(d) information including commercial confidence, trade secrets or intellectual
property, the disclosure of which would harm the competitive position of a
third party, unless the competent authority is satisfied that larger public
interest warrants the disclosure of such information;
(e) information available to a person in his fiduciary relationship, unless the
competent authority is satisfied that the larger public interest warrants the
disclosure of such information;
(f) information received in confidence from foreign Government;
(g) information, the disclosure of which would endanger the life or physical
safety of any person or identify the source of information or assistance given
in confidence for law enforcement or security purposes;
(h) information which would impede the process of investigation or
apprehension or prosecution of offenders;
(i) cabinet papers including records of deliberations of the Council of Ministers,
Secretaries and other officers:
Provided that the decisions of Council of Ministers, the reasons thereof, and
the material on the basis of which the decisions were taken shall be made
public after the decision has been taken, and the matter is complete, or
over:
Provided further that those matters which come under the exemptions
specified in this section shall not be disclosed;
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(j) information which relates to personal information the disclosure of which has
no relationship to any public activity or interest, or which would cause
unwarranted invasion of the privacy of the individual unless the Central
Public Information Officer or the State Public Information Officer or the
appellate authority, as the case may be, is satisfied that the larger public
interest justifies the disclosure of such information:
Provided that the information which cannot be denied to the Parliament or a
State Legislature shall not be denied to any person.
(2) Notwithstanding anything in the Official Secrets Act, 1923 nor any of the exemptions
permissible in accordance with sub-section (1), a public authority may allow access
to information, if public interest in disclosure outweighs the harm to the protected
interests.
(3) Subject to the provisions of clauses (a), (c) and (i) of sub-section (1), any information
relating to any occurrence, event or matter which has taken place, occurred or
happened twenty years before the date on which any request is made under section
6 shall be provided to any person making a request under that section:
Provided that where any question arises as to the date from which the said period of
twenty years has to be computed, the decision of the Central Government shall be
final, subject to the usual appeals provided for in this Act.
9. Grounds for rejection to access in certain cases - Without prejudice to the provisions of
section 8, a Central Public Information Officer or a State Public Information Officer, as the
case may be, may reject a request for information where such a request for providing access
would involve an infringement of copyright subsisting in a person other than the State.
10. Severability –
(1) Where a request for access to information is rejected on the ground that it is in
relation to information which is exempt from disclosure, then, notwithstanding
anything contained in this Act, access may be provided to that part of the record
which does not contain any information which is exempt from disclosure under this
Act and which can reasonably be severed from any part that contains exempt
information.
(2) Where access is granted to a part of the record under sub-section (1), the Central
Public Information Officer or State Public Information Officer, as the case may be,
shall give a notice to the applicant, informing—
(a) that only part of the record requested, after severance of the record
containing information which is exempt from disclosure, is being provided;
(b) the reasons for the decision, including any findings on any material question
of fact, referring to the material on which those findings were based;
(c) the name and designation of the person giving the decision;
[xiii]
(d) the details of the fees calculated by him or her and the amount of fee which
the applicant is required to deposit; and
(e) his or her rights with respect to review of the decision regarding non-
disclosure of part of the information, the amount of fee charged or the form
of access provided, including the particulars of the senior officer specified
under sub-section (1) of section 19 or the Central Information Commission
or the State Information Commission, as the case may be, time limit,
process and any other form of access.
11. Third party information –
(1) Where a Central Public Information Officer or a State Public Information Officer, as
the case may be, intends to disclose any information or record, or part thereof on a
request made under this Act, which relates to or has been supplied by a third party
and has been treated as confidential by that third party, the Central Public
Information Officer or State Public Information Officer, as the case may be, shall,
within five days from the receipt of the request, give a written notice to such third
party of the request and of the fact that the Central Public Information Officer or
State Public Information Officer, as the case may be, intends to disclose the
information or record, or part thereof, and invite the third party to make a submission
in writing or orally, regarding whether the information should be disclosed, and such
submission of the third party shall be kept in view while taking a decision about
disclosure of information:
Provided that except in the case of trade or commercial secrets protected by law,
disclosure may be allowed if the public interest in disclosure outweighs in
importance any possible harm or injury to the interests of such third party.
(2) Where a notice is served by the Central Public Information Officer or State Public
Information Officer, as the case may be, under sub-section (1) to a third party in
respect of any information or record or part thereof, the third party shall, within ten
days from the date of receipt of such notice, be given the opportunity to make
representation against the proposed disclosure.
(3) Notwithstanding anything contained in section 7, the Central Public Information
Officer or State Public Information Officer, as the case may be, shall, within forty
days after receipt of the request under section 6, if the third party has been given an
opportunity to make representation under sub-section (2), make a decision as to
whether or not to disclose the information or record or part thereof and give in writing
the notice of his decision to the third party.
(4) A notice given under sub-section (3) shall include a statement that the third party to
whom the notice is given is entitled to prefer an appeal under section 19 against the
decision.
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CHAPTER III
THE CENTRAL INFORMATION COMMISSION
12. Constitution of Central Information Commission –
(1) The Central Government shall, by notification in the Official Gazette, constitute a
body to be known as the Central Information Commission to exercise the powers
conferred on, and to perform the functions assigned to, it under this Act.
(2) The Central Information Commission shall consist of—
(a) the Chief Information Commissioner; and
(b) such number of Central Information Commissioners, not exceeding ten, as
may be deemed necessary.
(3) The Chief Information Commissioner and Information Commissioners shall be
appointed by the President on the recommendation of a committee consisting of—
(i) the Prime Minister, who shall be the Chairperson of the committee;
(ii) the Leader of Opposition in the Lok Sabha; and
(iii) a Union Cabinet Minister to be nominated by the Prime Minister.
Explanation.—For the purposes of removal of doubts, it is hereby declared
that where the Leader of Opposition in the House of the People has not
been recognized as such, the Leader of the single largest group in
opposition of the Government in the House of the People shall be deemed
to be the Leader of Opposition.
(4) The general superintendence, direction and management of the affairs of the
Central Information Commission shall vest in the Chief Information Commissioner
who shall be assisted by the Information Commissioners and may exercise all such
powers and do all such acts and things which may be exercised or done by the
Central Information Commission autonomously without being subjected to directions
by any other authority under this Act.
(5) The Chief Information Commissioner and Information Commissioners shall be
persons of eminence in public life with wide knowledge and experience in law,
science and technology, social service, management, journalism, mass media or
administration and governance.
(6) The Chief Information Commissioner or an Information Commissioner shall not be a
Member of Parliament or Member of the Legislature of any State or Union territory,
as the case may be, or hold any other office of profit or connected with any political
party or carrying on any business or pursuing any profession.
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(7) The headquarters of the Central Information Commission shall be at Delhi and the
Central Information Commission may, with the previous approval of the Central
Government, establish offices at other places in India.
13. Term of office and condition of service –
(1) The Chief Information Commissioner shall hold office for a term of five years from
the date on which he enters upon his office and shall not be eligible for
reappointment:
Provided that no Chief Information Commissioner shall hold office as such after he
has attained the age of sixty-five years.
(2) Every Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office or till he attains the age of sixty-five years, whichever is earlier, and shall not be eligible for reappointment as such Information Commissioner:
Provided that every Information Commissioner shall, on vacating his office under this sub-section be eligible for appointment as the Chief Information Commissioner in the manner specified in sub-section (3) of section 12:
Provided further that where the Information Commissioner is appointed as the Chief Information Commissioner, his term of office shall not be more than five years in aggregate as the Information Commissioner and the Chief Information Commissioner.
(3) The Chief Information Commissioner or an Information Commissioner shall before he enters upon his office make and subscribe before the President or some other person appointed by him in that behalf, an oath or affirmation according to the form set out for the purpose in the First Schedule.
(4) The Chief Information Commissioner or an Information Commissioner may, at any
time, by writing under his hand addressed to the President, resign from his office:
Provided that the Chief Information Commissioner or an Information Commissioner
may be removed in the manner specified under section 14.
(5) The salaries and allowances payable to and other terms and conditions of service
of-
(a) the Chief Information Commissioner shall be the same as that of the Chief
Election Commissioner;
(b) an Information Commissioner shall be the same as that of an Election
Commissioner:
Provided that if the Chief Information Commissioner or an Information
Commissioner, at the time of his appointment is, in receipt of a pension,
other than a disability or wound pension, in respect of any previous service
under the Government of India or under the Government of a State, his
[xvi]
salary in respect of the service as the Chief Information Commissioner or an
Information Commissioner shall be reduced by the amount of that pension
including any portion of pension which was commuted and pension
equivalent of other forms of retirement benefits excluding pension equivalent
of retirement gratuity:
Provided further that if the Chief Information Commissioner or an
Information Commissioner if, at the time of his appointment is, in receipt of
retirement benefits in respect of any previous service rendered in a
Corporation established by or under any Central Act or State Act or a
Government company owned or controlled by the Central Government or
the State Government, his salary in respect of the service as the Chief
Information Commissioner or an Information Commissioner shall be reduced
by the amount of pension equivalent to the retirement benefits:
Provided also that the salaries, allowances and other conditions of service
of the Chief Information Commissioner and the Information Commissioners
shall not be varied to their disadvantage after their appointment.
(6) The Central Government shall provide the Chief Information Commissioner and the
Information Commissioners with such officers and employees as may be necessary
for the efficient performance of their functions under this Act, and the salaries and
allowances payable to and the terms and conditions of service of the officers and
other employees appointed for the purpose of this Act shall be such as may be
prescribed.
14. Removal of information Commissioner or Deputy Information Commissioner –
(1) Subject to the provisions of sub-section (3), the Chief Information Commissioner or
any Information Commissioner shall be removed from his office only by order of the
President on the ground of proved misbehaviour or incapacity after the Supreme
Court, on a reference made to it by the President, has, on inquiry, reported that the
Chief Information Commissioner or any Information Commissioner, as the case may
be, ought on such ground be removed.
(2) The President may suspend from office, and if deem necessary prohibit also from
attending the office during inquiry, the Chief Information Commissioner or
Information Commissioner in respect of whom a reference has been made to the
Supreme Court under sub-section (1) until the President has passed orders on
receipt of the report of the Supreme Court on such reference.
(3) Notwithstanding anything contained in sub-section (1), the President may by order
remove from office the Chief Information Commissioner or any Information
Commissioner if the Chief Information Commissioner or a Information
Commissioner, as the case may be,—
(a) is adjudged an insolvent; or
[xvii]
(b) has been convicted of an offence which, in the opinion of the President,
involves moral turpitude; or
(c) engages during his term of office in any paid employment outside the duties
of his office; or
(d) is, in the opinion of the President, unfit to continue in office by reason of
infirmity of mind or body; or
(e) has acquired such financial or other interest as is likely to affect prejudicially
his functions as the Chief Information Commissioner or a Information
Commissioner.
(4) If the Chief Information Commissioner or a Information Commissioner in any way,
concerned or interested in any contract or agreement made by or on behalf of the
Government of India or participates in any way in the profit thereof or in any benefit
or emolument arising there from otherwise than as a member and in common with
the other members of an incorporated company, he shall, for the purposes of sub-
section (1), be deemed to be guilty of misbehavior.
CHAPTER IV
THE STATE INFORMATION COMMISSION
15. Constitution of State Information Commission –
(1) Every State Government shall, by notification in the Official Gazette, constitute a
body to be known as the ......... (name of the State) Information Commission to
exercise the powers conferred on, and to perform the functions assigned to, it under
this Act.
(2) The State Information Commission shall consist of—
(a) the State Chief Information Commissioner, and
(b) such number of State Information Commissioners, not exceeding ten, as
may be deemed necessary.
(3) The State Chief Information Commissioner and the State Information
Commissioners shall be appointed by the Governor on the recommendation of a
committee consisting of—
(i) the Chief Minister, who shall be the Chairperson of the committee;
(ii) the Leader of Opposition in the Legislative Assembly; and
(iii) a Cabinet Minister to be nominated by the Chief Minister.
[xviii]
Explanation.—For the purposes of removal of doubts, it is hereby declared that
where the Leader of Opposition in the Legislative Assembly has not been
recognized as such, the Leader of the single largest group in opposition of the
Government in the Legislative Assembly shall be deemed to be the Leader of
Opposition.
(4) The general superintendence, direction and management of the affairs of the State
Information Commission shall vest in the State Chief Information Commissioner who
shall be assisted by the State Information Commissioners and may exercise all such
powers and do all such acts and things which may be exercised or done by the
State Information Commission autonomously without being subjected to directions
by any other authority under this Act.
(5) The State Chief Information Commissioner and the State Information
Commissioners shall be persons of eminence in public life with wide knowledge and
experience in law, science and technology, social service, management, journalism,
mass media or administration and governance.
(6) The State Chief Information Commissioner or a State Information Commissioner
shall not be a Member of Parliament or Member of the Legislature of any State or
Union territory, as the case may be, or hold any other office of profit or connected
with any political party or carrying on any business or pursuing any profession.
(7) The headquarters of the State Information Commission shall be at such place in the
State as the State Government may, by notification in the Official Gazette, specify
and the State Information Commission may, with the previous approval of the State
Government, establish offices at other places in the State.
16. Term of Office and Conditions of Service –
(1) The State Chief Information Commissioner shall hold office for a term of five years
from the date on which he enters upon his office and shall not be eligible for
reappointment:
Provided that no State Chief Information Commissioner shall hold office as such
after he has attained the age of sixty-five years.
(2) Every State Information Commissioner shall hold office for a term of five years from
the date on which he enters upon his office or till he attains the age of sixty-five
years, whichever is earlier, and shall not be eligible for reappointment as such State
Information Commissioner:
Provided that every State Information Commissioner shall, on vacating his office
under this sub-section, be eligible for appointment as the State Chief Information
Commissioner in the manner specified in sub-section (3) of section 15:
Provided further that where the State Information Commissioner is appointed as the
State Chief Information Commissioner, his term of office shall not be more than five
[xix]
years in aggregate as the State Information Commissioner and the State Chief
Information Commissioner.
(3) The State Chief Information Commissioner or a State Information Commissioner,
shall before he enters upon his office make and subscribe before the Governor or
some other person appointed by him in that behalf, an oath or affirmation according
to the form set out for the purpose in the First Schedule.
(4) The State Chief Information Commissioner or a State Information Commissioner
may, at any time, by writing under his hand addressed to the Governor, resign from
his office:
Provided that the State Chief Information Commissioner or a State Information
Commissioner may be removed in the manner specified under section 17.
(5) The salaries and allowances payable to and other terms and conditions of service
of—
(a) the State Chief Information Commissioner shall be the same as that of an
Election Commissioner;
(b) the State Information Commissioner shall be the same as that of the Chief
Secretary to the State Government:
Provided that if the State Chief Information Commissioner or a State Information
Commissioner, at the time of his appointment is, in receipt of a pension, other than a
disability or wound pension, in respect of any previous service under the
Government of India or under the Government of a State, his salary in respect of the
service as the State Chief Information Commissioner or a State Information
Commissioner shall be reduced by the amount of that pension including any portion
of pension which was commuted and pension equivalent of other forms of retirement
benefits excluding pension equivalent of retirement gratuity:
Provided further that where the State Chief Information Commissioner or a State
Information Commissioner if, at the time of his appointment is, in receipt of
retirement benefits in respect of any previous service rendered in a Corporation
established by or under any Central Act or State Act or a Government company
owned or controlled by the Central Government or the State Government, his salary
in respect of the service as the State Chief Information Commissioner or the State
Information Commissioner shall be reduced by the amount of pension equivalent to
the retirement benefits:
Provided also that the salaries, allowances and other conditions of service of the
State Chief Information Commissioner and the State Information Commissioners
shall not be varied to their disadvantage after their appointment.
(6) The State Government shall provide the State Chief Information Commissioner and
the State Information Commissioners with such officers and employees as may be
necessary for the efficient performance of their functions under this Act, and the
[xx]
salaries and allowances payable to and the terms and conditions of service of the
officers and other employees appointed for the purpose of this Act shall be such as
may be prescribed.
17. Removal of State Chief Information Commissioner or State Information
Commissioner-
(1) Subject to the provisions of sub-section (3), the State Chief Information
Commissioner or a State Information Commissioner shall be removed from his office
only by order of the Governor on the ground of proved misbehaviour or incapacity
after the Supreme Court, on a reference made to it by the Governor, has on inquiry,
reported that the State Chief Information Commissioner or a State Information
Commissioner, as the case may be, ought on such ground be removed.
(2) The Governor may suspend from office, and if deem necessary prohibit also from
attending the office during inquiry, the State Chief Information Commissioner or a
State Information Commissioner in respect of whom a reference has been made to
the Supreme Court under sub-section (1) until the Governor has passed orders on
receipt of the report of the Supreme Court on such reference.
(3) Notwithstanding anything contained in sub-section (1), the Governor may by order
remove from office the State Chief Information Commissioner or a State Information
Commissioner if a State Chief Information Commissioner or a State Information
Commissioner, as the case may be,—
(a) is adjudged an insolvent; or
(b) has been convicted of an offence which, in the opinion of the Governor,
involves moral turpitude; or
(c) engages during his term of office in any paid employment outside the duties
of his office; or
(d) is, in the opinion of the Governor, unfit to continue in office by reason of
infirmity of mind or body; or
(e) has acquired such financial or other interest as is likely to affect prejudicially
his functions as the State Chief Information Commissioner or a State
Information Commissioner.
(4) If the State Chief Information Commissioner or a State Information Commissioner in
any way, concerned or interested in any contract or agreement made by or on behalf
of the Government of the State or participates in any way in the profit thereof or in
any benefit or emoluments arising therefrom otherwise than as a member and in
common with the other members of an incorporated company, he shall, for the
purposes of sub-section (1), be deemed to be guilty of misbehaviour.
[xxi]
CHAPTER V
POWERS AND FUNCTIONS OF THE INFORMATION COMMISSIONS,
APPAL AND PENALTIES
18. Powers and Functions of Commission –
(1) Subject to the provisions of this Act, it shall be the duty of the Central Information
Commission or State Information Commission, as the case may be, to receive and
inquire into a complaint from any person,—
(a) who has been unable to submit a request to a Central Public Information
Officer or State Public Information Officer, as the case may be, either by
reason that no such officer has been appointed under this Act, or because
the Central Assistant Public Information Officer or State Assistant Public
Information Officer, as the case may be, has refused to accept his or her
application for information or appeal under this Act for forwarding the same
to the Central Public Information Officer or State Public Information Officer
or senior officer specified in sub-section (1) of section 19 or the Central
Information Commission or the State Information Commission, as the case
may be;
(b) who has been refused access to any information requested under this Act;
(c) who has not been given a response to a request for information or access to
information within the time limit specified under this Act;
(d) who has been required to pay an amount of fee which he or she considers
unreasonable;
(e) who believes that he or she has been given incomplete, misleading or false
information under this Act; and
(f) in respect of any other matter relating to requesting or obtaining access to
records under this Act.
(2) Where the Central Information Commission or State Information Commission, as the
case may be, is satisfied that there are reasonable grounds to inquire into the
matter, it may initiate an inquiry in respect thereof.
(3) The Central Information Commission or State Information Commission, as the case
may be, shall, while inquiring into any matter under this section, have the same
[xxii]
powers as are vested in a civil court while trying a suit under the Code of Civil
Procedure, 1908, in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of persons and compel them to
give oral or written evidence on oath and to produce the documents or
things;
(b) requiring the discovery and inspection of documents;
(c) receiving evidence on affidavit;
(d) requisitioning any public record or copies thereof from any court or office;
(e) issuing summons for examination of witnesses or documents; and
(f) any other matter which may be prescribed.
(4) Notwithstanding anything inconsistent contained in any other Act of Parliament or
State Legislature, as the case may be, the Central Information Commission or the
State Information Commission, as the case may be, may, during the inquiry of any
complaint under this Act, examine any record to which this Act applies which is
under the control of the public authority, and no such record may be withheld from it
on any grounds.
19. Appeal -
(1) Any person who, does not receive a decision within the time specified in sub-section
(1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the
Central Public Information Officer or State Public Information Officer, as the case
may be, may within thirty days from the expiry of such period or from the receipt of
such a decision prefer an appeal to such officer who is senior in rank to the Central
Public Information Officer or State Public Information Officer as the case may be, in
each public authority:
Provided that such officer may admit the appeal after the expiry of the period of thirty
days if he or she is satisfied that the appellant was prevented by sufficient cause
from filing the appeal in time.
(2) Where an appeal is preferred against an order made by a Central Public Information
Officer or a State Public Information Officer, as the case may be, under section 11 to
disclose third party information, the appeal by the concerned third party shall be
made within thirty days from the date of the order.
[xxiii]
(3) A second appeal against the decision under sub-section (1) shall lie within ninety
days from the date on which the decision should have been made or was actually
received, with the Central Information Commission or the State Information
Commission:
Provided that the Central Information Commission or the State Information
Commission, as the case may be, may admit the appeal after the expiry of the
period of ninety days if it is satisfied that the appellant was prevented by sufficient
cause from filing the appeal in time.
(4) If the decision of the Central Public Information Officer or State Public Information
Officer, as the case may be, against which an appeal is preferred relates to
information of a third party, the Central Information Commission or State Information
Commission, as the case may be, shall give a reasonable opportunity of being heard
to that third party.
(5) In any appeal proceedings, the onus to prove that a denial of a request was justified
shall be on the Central Public Information Officer or State Public Information Officer,
as the case may be, who denied the request.
(6) An appeal under sub-section (1) or sub-section (2) shall be disposed of within thirty
days of the receipt of the appeal or within such extended period not exceeding a
total of forty-five days from the date of filing thereof, as the case may be, for reasons
to be recorded in writing.
(7) The decision of the Central Information Commission or State Information
Commission, as the case may be, shall be binding.
(8) In its decision, the Central Information Commission or State Information
Commission, as the case may be, has the power to—
(a) require the public authority to take any such steps as may be necessary to
secure compliance with the provisions of this Act, including—
(i) by providing access to information, if so requested, in a particular
form;
(ii) by appointing a Central Public Information Officer or State Public
Information Officer, as the case may be;
(iii) by publishing certain information or categories of information;
(iv) by making necessary changes to its practices in relation to the
maintenance, management and destruction of records;
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(v) by enhancing the provision of training on the right to information for
its officials;
(vi) by providing it with an annual report in compliance with clause (b) of
sub-section (1) of section 4;
(b) require the public authority to compensate the complainant for any loss or
other detriment suffered;
(c) impose any of the penalties provided under this Act;
(d) reject the application.
(9) The Central Information Commission or State Information Commission, as the case
may be, shall give notice of its decision, including any right of appeal, to the
complainant and the public authority.
(10) The Central Information Commission or State Information Commission, as the case
may be, shall decide the appeal in accordance with such procedure as may be
prescribed.
20. Penalties -
(1) Where the Central Information Commission or the State Information Commission, as
the case may be, at the time of deciding any complaint or appeal is of the opinion
that the Central Public Information Officer or the State Public Information Officer, as
the case may be, has, without any reasonable cause, refused to receive an
application for information or has not furnished information within the time specified
under sub-section (1) of section 7 or malafidely denied the request for information or
knowingly given incorrect, incomplete or misleading information or destroyed
information which was the subject of the request or obstructed in any manner in
furnishing the information, it shall impose a penalty of two hundred and fifty rupees
each day till application is received or information is furnished, so however, the total
amount of such penalty shall not exceed twenty-five thousand rupees:
Provided that the Central Public Information Officer or the State Public Information
Officer, as the case may be, shall be given a reasonable opportunity of being heard
before any penalty is imposed on him:
Provided further that the burden of proving that he acted reasonably and diligently
shall be on the Central Public Information Officer or the State Public Information
Officer, as the case may be.
(2) Where the Central Information Commission or the State Information Commission, as
the case may be, at the time of deciding any complaint or appeal is of the opinion
[xxv]
that the Central Public Information Officer or the State Public Information Officer, as
the case may be, has, without any reasonable cause and persistently, failed to
receive an application for information or has not furnished information within the time
specified under sub-section (1) of section 7 or malafidely denied the request for
information or knowingly given incorrect, incomplete or misleading information or
destroyed information which was the subject of the request or obstructed in any
manner in furnishing the information, it shall recommend for disciplinary action
against the Central Public Information Officer or the State Public Information Officer,
as the case may be, under the service rules applicable to him.
CHAPTER VI
MISCELLANEOUS
21. Protection of action taken in good faith – No suit, prosecution or other legal proceeding
shall lie against any person for anything which is in good faith done or intended to be done
under this Act or any rule made thereunder.
22. Act to have overriding effect - The provisions of this Act shall have effect notwithstanding
anything inconsistent therewith contained in the Official Secrets Act, 1923, and any other law
for the time being in force or in any instrument having effect by virtue of any law other than
this Act.
23. Bar of Jurisdiction of Courts - No court shall entertain any suit, application or other
proceeding in respect of any order made under this Act and no such order shall be called in
question otherwise than by way of an appeal under this Act.
24. Act not to apply to certain organisations -
(1) Nothing contained in this Act shall apply to the intelligence and security
organizations specified in the Second Schedule, being organizations established by
the Central Government or any information furnished by such organizations to that
Government:
Provided that the information pertaining to the allegations of corruption and human
rights violations shall not be excluded under this sub-section:
Provided further that in the case of information sought for is in respect of allegations
of violation of human rights, the information shall only be provided after the approval
of the Central Information Commission, and notwithstanding anything contained in
section 7, such information shall be provided within forty-five days from the date of
the receipt of request.
(2) The Central Government may, by notification in the Official Gazette, amend the
Schedule by including therein any other intelligence or security organization
[xxvi]
established by that Government or omitting therefrom any organization already
specified therein and on the publication of such notification, such organization shall
be deemed to be included in or, as the case may be, omitted from the Schedule.
(3) Every notification issued under sub-section (2) shall be laid before each House of
Parliament.
(4) Nothing contained in this Act shall apply to such intelligence and security
organization being organizations established by the State Government, as that
Government may, from time to time, by notification in the Official Gazette, specify:
Provided that the information pertaining to the allegations of corruption and human
rights violations shall not be excluded under this sub-section:
Provided further that in the case of information sought for is in respect of allegations
of violation of human rights, the information shall only be provided after the approval
of the State Information Commission and, notwithstanding anything contained in
section 7, such information shall be provided within forty-five days from the date of
the receipt of request.
(5) Every notification issued under sub-section (4) shall be laid before the State
Legislature.
25. Monitoring and Reporting –
(1) The Central Information Commission or State Information Commission, as the case
may be, shall, as soon as practicable after the end of each year, prepare a report on
the implementation of the provisions of this Act during that year and forward a copy
thereof to the appropriate Government.
(2) Each Ministry or Department shall, in relation to the public authorities within their
jurisdiction, collect and provide such information to the Central Information
Commission or State Information Commission, as the case may be, as is required to
prepare the report under this section and comply with the requirements concerning
the furnishing of that information and keeping of records for the purposes of this
section.
(3) Each report shall state in respect of the year to which the report relates,—
(a) the number of requests made to each public authority;
(b) the number of decisions where applicants were not entitled to access to the
documents pursuant to the requests, the provisions of this Act under which
these decisions were made and the number of times such provisions were
invoked;
[xxvii]
(c) the number of appeals referred to the Central Information Commission or
State Information Commission, as the case may be, for review, the nature of
the appeals and the outcome of the appeals;
(d) particulars of any disciplinary action taken against any officer in respect of
the administration of this Act;
(e) the amount of charges collected by each public authority under this Act;
(f) any facts which indicate an effort by the public authorities to administer and
implement the spirit and intention of this Act;
(g) recommendations for reform, including recommendations in respect of the
particular public authorities, for the development, improvement,
modernisation, reform or amendment to this Act or other legislation or
common law or any other matter relevant for operationalising the right to
access information.
(4) The Central Government or the State Government, as the case may be, may, as
soon as practicable after the end of each year, cause a copy of the report of the
Central Information Commission or the State Information Commission, as the case
may be, referred to in sub-section (1) to be laid before each House of Parliament or,
as the case may be, before each House of the State Legislature, where there are
two Houses, and where there is one House of the State Legislature before that
House.
(5) If it appears to the Central Information Commission or State Information
Commission, as the case may be, that the practice of a public authority in relation to
the exercise of its functions under this Act does not conform with the provisions or
spirit of this Act, it may give to the authority a recommendation specifying the steps
which ought in its opinion to be taken for promoting such conformity.
26. Appropriate Government to prepare Programmes –
(1) The appropriate Government may, to the extent of availability of financial and other
resources,—
(a) develop and organize educational programmes to advance the
understanding of the public, in particular of disadvantaged communities as
to how to exercise the rights contemplated under this Act;
(b) encourage public authorities to participate in the development and
organisation of programmes referred to in clause (a) and to undertake such
programmes themselves;
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(c) promote timely and effective dissemination of accurate information by public
authorities about their activities; and
(d) train Central Public Information Officers or State Public Information Officers,
as the case may be, of public authorities and produce relevant training
materials for use by the public authorities themselves.
(2) The appropriate Government shall, within eighteen months from the commencement
of this Act, compile in its official language a guide containing such information, in an
easily comprehensible form and manner, as may reasonably be required by a
person who wishes to exercise any right specified in this Act.
(3) The appropriate Government shall, if necessary, update and publish the guidelines
referred to in sub-section (2) at regular intervals which shall, in particular and without
prejudice to the generality of sub-section (2), include—
(a) the objects of this Act;
(b) the postal and street address, the phone and fax number and, if available,
electronic mail address of the Central Public Information Officer or State
Public Information Officer, as the case may be, of every public authority
appointed under sub-section (1) of section 5;
(c) the manner and the form in which request for access to an information shall
be made to a Central Public Information Officer or State Public Information
Officer, as the case may be;
(d) the assistance available from and the duties of the Central Public
Information Officer or State Public Information Officer, as the case may be,
of a public authority under this Act;
(e) the assistance available from the Central Information Commission or State
Information Commission, as the case may be;
(f) all remedies in law available regarding an act or failure to act in respect of a
right or duty conferred or imposed by this Act including the manner of filing
an appeal to the Commission;
(g) the provisions providing for the voluntary disclosure of categories of records
in accordance with section 4;
(h) the notices regarding fees to be paid in relation to requests for access to an
information; and
(i) any additional regulations or circulars made or issued in relation to obtaining
access to an information in accordance with this Act.
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(4) The appropriate Government must, if necessary, update and publish the guidelines
at regular intervals.
27. Power to make rules by Appropriate Government –
(1) The appropriate Government may, by notification in the Official Gazette, make rules
to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:—
(a) the cost of the medium or print cost price of the materials to be
disseminated under sub-section (4) of section 4;
(b) the fee payable under sub-section (1) of section 6;
(c) the fee payable under sub-sections (1) and (5) of section 7;
(d) the salaries and allowances payable to and the terms and conditions of
service of the officers and other employees under sub-section (6) of section
13 and sub-section (6) of section 16;
(e) the procedure to be adopted by the Central Information Commission or
State Information Commission, as the case may be, in deciding the appeals
under sub-section (10) of section 19; and
(f) any other matter which is required to be, or may be, prescribed.
28. Power to make rules by competent authority –
(1) The competent authority may, by notification in the Official Gazette, make rules to
carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:—
(i) the cost of the medium or print cost price of the materials to be
disseminated under sub-section (4) of section 4;
(ii) the fee payable under sub-section (1) of section 6;
(iii) the fee payable under sub-section (1) of section 7; and
(iv) any other matter which is required to be, or may be, prescribed.
[xxx]
29. Laying of Rules –
(1) Every rule made by the Central Government under this Act shall be laid, as soon as
may be after it is made, before each House of Parliament, while it is in session, for a
total period of thirty days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session immediately following
the session or the successive sessions aforesaid, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be made, the
rule shall thereafter have effect only in such modified form or be of no effect, as the
case may be; so, however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that rule.
(2) Every rule made under this Act by a State Government shall be laid, as soon as may
be after it is notified, before the State Legislature.
30. Power to remove difficulties –
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central
Government may, by order published in the Official Gazette, make such provisions
not inconsistent with the provisions of this Act as appear to it to be necessary or
expedient for removal of the difficulty:
Provided that no such order shall be made after the expiry of a period of two years
from the date of the commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be
laid before each House of Parliament.
31. Repeal - The Freedom of Information Act, 2002 is hereby repealed.
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THE FIRST SCHEDULE
[See sections 13(3) and 16(3)]
Form of oath or affirmation to be made by the Chief Information Commissioner/the Information Commissioner/the State Chief
Information Commissioner/the State Information Commissioner
"I, ....................., having been appointed Chief Information Commissioner/Information Commissioner/State Chief Information Commissioner/State
Information Commissioner swear in the name of God
solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law
established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the
duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws.".
THE SECOND SCHEDULE
(See section 24)
Intelligence and security organisation established by the Central
Government
1. Intelligence Bureau.
2. Research and Analysis Wing of the Cabinet Secretariat.
3. Directorate of Revenue Intelligence.
4. Central Economic Intelligence Bureau.
5. Directorate of Enforcement.
6. Narcotics Control Bureau.
7. Aviation Research Centre.
8. Special Frontier Force.
9. Border Security Force.
10. Central Reserve Police Force.
11. Indo-Tibetan Border Police.
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12. Central Industrial Security Force.
13. National Security Guards.
14. Assam Rifles.
15. Special Service Bureau.
16. Special Branch (CID), Andaman and Nicobar.
17. The Crime Branch-C.I.D.- CB, Dadra and Nagar Haveli.
18. Special Branch, Lakshadweep Police.
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A JOURNAL OF ASIA FOR DEMOCRACY AND DEVELOPMENT-VOL-XII, NO.-04, 2013
ISSN 0973-3833 Page No. 190
Madhya Pradesh Guarantee of Public Services Delivery Act, 2010
New Initiative Towards Good Governance
Dharmendra Singh Chouhan
The evolution of the State is a result of peoples’ surrender of their rights,
privileges and powers with the objectives of creating an institutional mechanism
for their protection, promotion of liberty, providing effective, responsible and
people-oriented administration, delivery of essential public services to its citizen
and establishing law and order. Its evolution subsequently resulted into
emergence of various forms of government like Monarchy, Feudal, Communism,
Democratic etc with each having its advantages and disadvantages. Despite
any form of government, the traditional role of the State remained as a protector,
regulator and promoter of the interests of citizens.
India, after its independence on 15th August, 1947, has adopted
democratic form of government through its Constitution and subsequently
emerged as the largest and most matured democracy in the world. Democracy,
according to Bryce, denotes that form of government where ruling power of the
State is not vested in a particular class or classes, but in the members of the
community as a whole. It is a government of the people for the people and by
the people as defined by the Abraham Lincon. Fundamental Rights, Directive
Principles of State policy, Principles of social, economic and political justice;
liberty of thought, expression, belief, faith and worship; Equality of status and
opportunity; Assurance of dignity of the individual enshrined in the Constitution
shows that Indian Constitution is in favour of establishing India as a Welfare
State. The major role of the State is and has always been `governance’. Now
the question that arises is: since `governance’ has always been crucial to the
State’s performance, why has it suddenly assumed a prominent place in recent
times.
Globalisation, for more than last two decades, has been changing the role of State.
The traditional role of the State as a protector, regulator and promoter of the interests
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of the disadvantaged has been based on the premise that the government is solely
responsible for formulating and implementing policy decisions. Public
Administration, through which the goals and objectives of the State are
accomplished, is a major constituent of the State. It has been realised that the
public administration or bureaucracy is inaccessible and indifferent to common
citizens, and is more bothered about adherence to procedures, rules and
regulations. There has been excessive reliance on bureaucratic forms of
organizations, hierarchy, adherence to rules and regulations, notions of
permanence and neutrality, and citizens have been treated as passive recipients of
goods and services. But the changing role of State emphasizes on greater
participation by the citizens in the affairs of the government in order to strengthen
the quality, effectiveness of policy-making, its outcome and alternative efficient
market-based mechanisms for delivery of public services with a focus on
performance measurement, efficiency, economy and value for money.
Accordingly, the structure of governance and its systems needs major revamping
towards socio-economic development, social welfare, responsiveness and citizen’s
satisfaction.
Consequently, several concepts have emerged in the discipline of Public
Administration to fulfill the changing demands of State. One of these emerging
concepts is the concept of “Good-governance”. The concept of “Good
Governance” was first formulated by the World Bank in 1992. It was defined as the
“manner in which power is exercised in the management of a country’s economic
and social resources for development”. The World Bank considered Good
Governance as sound development management having four main dimensions: (a)
Public Sector Management, (b) Accountability, (c) Legal Framework for
Development; and (d) Transparency and Information Accessibility. Good
Governance is a broad strategy to make government more open, responsive,
accountable, democratic, as well as strengthen institutions of civil society and
regulate private sector. It is a combination of efficiency concerns of public
management and accountability concerns of governance. It relates to the quality of
governance through attributes such as participation, empowerment, accountability,
equity and justice, providing avenues to the citizens, especially the poor and the
marginalized to articulate their interests, exercise their rights, and improve their
living standards. It inter alia aims at:-
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Page No. 192 Madhya Pradesh Guarantee of Public Services Delivery Act, 2010
(1) Enhancing the quality of life of citizens.
(2) Enhancing the effectiveness and efficiency of administration.
(3) Securing freedom of information and expression.
(4) Providing citizen-friendly and citizen-caring administration.
(5) Ensuring accountability and responsibility.
(6) Using Information Technology based services to improve citizen-
government interface.
(7) Improving delivery of public services.
(8) Promoting Organizational Pluralism – State, market and civil society
organizations for governance.
In 1996, the prevailing ineffectiveness and unpopularity of administration at
all level of governance led the Atal Bihari Vajpayee, the then Prime Minister of India,
to hold a conference of Chief Ministers and Chief Secretaries of all the States and
Union Territories on the subject “Agenda for Effective and Responsible
Administration”. Another round of the conference was held in 1997, where issue of
improving governance was deliberated upon and an action plan was formulated to
bring about accountable and citizen-friendly government. Amongst the several
measures suggested in the Conference and subsequently adopted by the Central
and State Governments, one was “Formulation of Citizens’ Charters”. The concept
of “Citizens’ Charter” is originated in Britain. These Charters are statements that
provide information to the general public about the nature of services being
provided by a particular organization, procedures, cost involved and time taken for
delivery of public services. Consequently, the efforts of Department of Public
Grievances and Administrative Reforms led to framing of Citizen’s Charters in the
43 departments and agencies of the Central Government with the objectives of time
bound delivery of services to citizens and to educate and empower them.
Subsequently, several states including Madhya Pradesh has framed Citizen’s
Charter in most of their departments. Citizen’s Charters, though a good initiative
towards good governance, could not yield the desired results because of lack of
grievance-redressal mechanism in it and few other shortcomings.
All this led to the demand of “Right to Public Services Legislation”, which in simple
terms, means statutory laws which guarantee time bound delivery of public services by the
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Government to citizen and provides mechanism for punishing the errant public
servant who is deficient in providing the stipulated service. It is meant to increase
accountability and ensure responsibility amongst the administration and reduce
corruption among the government officials and to increase transparency. In this
context, Shri Shivraj Singh Chauhan, the Chief Minister of Madhya Pradesh, in a
National Consultation on Strengthening Delivery and Accountability
Frameworks for Public Service organized by the Government of Madhya
Pradesh and UNDP,India, has observed81:
“At the time of elections people are the most important. After that the
government ignores them. The CM, Ministers, and bureaucrats, all think that
they are perfect and wisdom cannot reside outside this group. In the case of
MP, we had introduced One day Governance – Samadhan Ek Din Mein and
we had Citizens Charters. But when we listened to the people, we found that
nobody looked at the Citizens Charters and nobody bothered about the
details. We wanted, then, to introduce a Citizens Charter Act. There were a
number of doubting Thomases. But the question we asked was if we are
giving rights through the Charters why are we scared of fixing responsibility?
Thus was born the MP Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam.”
The Government of Madhya Pradesh implements, various social welfare
as well as development-related schemes and programmes through 57 functional
departments having their own administrative setup in 50 Districts. The State
considers delivery of effective and efficient services to its citizen is the
foremost challenge. It was felt that notwithstanding various initiatives of the
Government like the Citizens’ Charter, the citizens do not get the services from the
responsible government officials in time limits prescribed. The problem is more
acute in rural areas particularly affecting weaker sections and women. There
appeared to be general lack of accountability accentuated by casual attitude of
some of the field functionaries. The inability of the citizen to assert and their
ignorance of the procedures were adding to the problem. In view of unclear
Citizen’s Charters and their failure in achieving its objectives, the Government
of Madhya Pradesh decided to legislate select public services as rights of the
people and thereby became the first state in India to enact a “Right
to Public Services Legislation” on 18 August 2010 and implemented it with
81 Tina Mathur, Right to Public Services: A Comparative Perspective of Implementation of Guarantee of Public Services in Select States of India, Centre for Organization Development, Hyderabad, India, 2012
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Page No. 194 Madhya Pradesh Guarantee of Public Services Delivery Act, 2010
effect from 25 September 2010. The legislation is given the name - “The
Madhya Pradesh Lok Sewaon ke Pradan Ki Guarantee Adhiniyam, 2010” or
“Madhya Pradesh Guarantee of Public Services Delivery Act, 2010”. It is an
initiative towards good-governance, which has transferred the citizens from the
Request-era to Right-era. Now the citizens will not be dependent upon the
mercy and favour of bureaucracy for delivery of public services rather they can
claim it as their right and can get the errant officials punished for failure in timely
delivery of specified public services.
The Madhya Pradesh Guarantee of Public Service Delivery Act 2010 is
divided into eleven sections. Section-1 provides that this Act shall extend to the
whole of Madhya Pradesh. Section-2 is definition clause which defines various
terms used in the Act. Section-3 empowers the State Government to notify the
services, designated officers, first appeal officers, second appellate authority
and stipulated time limits for delivery of public service. Section-4 guarantees the
right to obtain the notified service by the eligible person within the stipulated time
limit from the designated officer. Section-5 states that the designated officer
shall within the stipulated time limit either provide service or reject the
application; and in case of rejection of application, shall record the reasons in
writing and intimate to the applicant. Section-6 provides for appeal at two
levels. Aggrieved person may file first appeal to the first appeal officer within
thirty days from the rejection of application or the expiry of the stipulated time
limit. A second appeal against the decision of first appeal officer shall lie to the
second appellate authority within 60 days from the date on which decision was
made by first appellate officer or the expiry of the stipulated time limit. Section-
7, which is the heart and soul of this Act, provides where the second appellate
authority is of the opinion that the designated officer has failed to provide service
without sufficient and reasonable cause, then he may impose a lump sum
penalty which shall not be less than 500 rupees and not more than 5000 rupees
has the following features. In case of delay in providing the service, he may
impose a penalty at the rate of 250 rupees per day subject to a maximum of
5000 rupees for such delay. This section further provides where the second
appellate authority is of the opinion that the first appeal officer has failed to decide
the appeal within the stipulated time limit without any sufficient and reasonable
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cause, then he may impose a penalty on first appeal officer which shall not be less than 500 rupees and not more than 5000 rupees. In addition to penalty, the second appellate authority, may also recommend disciplinary against the designated officer or first appeal officer. Further, the amount collected from the imposed penalty may be given to the appellant as compensation. Section-8 provides that the designated officer or first appeal officer aggrieved by the order of second appellate authority in respect of imposing penalty may make an application for revision to the officer nominated by the State Government within the period of 60 days from the date of that order. Section-9 ensures protection of action taken good faith. Section-10 empowers the State Government to make rules to carry out the provisions of this Act. Section-11 empowers the Stat Government to remove the difficulty within two years if any difficulty arises in giving effect to the provisions of this Act. In December 2011 the law was amended to allow the First Appellate Authority to take suo moto cognizance of delays or denials and authorize him/her to impose penalties. In nutshell, this Act has the following features:- 1. Clearly stated services that will be specifically notified by the government and
will be covered in the Act. 2. A time limit [in days] within which the service will be delivered to the applicant. 3. A Designated Officer of the government who will be held responsible for
the service delivery to each and every applicant. 4. In the event of failure, provision of First Appeal Officer with whom the first appeal
can be preferred and a time limit for disposal of First Appeal. 5. Subsequent strong grievance redressal mechanism through a process of
Second Appeal. 6. A scheme for penalty upto 5000 rupees in the event of proven failure on the part
of the Designated Officer or First Appeal Officer by the Second Appellate Authority.
7. Provision for recommending disciplinary action in the event of proved failure on
the part of the Designated Officer or First Appeal Officer by the Second Appellate Authority.
8. A scheme of compensation to the applicant from the penalty imposed against
the Designated Officer in the event of proven failure on the part of Designated Officer by the Second Appellate Authority.
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9. Protection of officials for action taken in good faith.
Initially, twenty six services delivered by nine departments were notified
and brought into the ambit of the Act. Now the scope has been enlarged and
presently, 57 services delivered by 17 departments are covered by the Act. The
services which have been covered under the Act are extremely relevant in the
context of a rights-based approach to public service delivery. These services
are of those basic nature to which a common man confronts in his day to day life
and are explicitly targeted at the weaker sections of the society. The Act is a
very relevant for the reason that it addresses some of the crucial needs of the
citizen. Providing guarantee of service in areas such as inclusion in the Below
Poverty Line, various pensions (disabled, old age, and widow), compensation in
case of death/physical harm, etc affect the poorest of the poor in a positive
manner. Issues such as Income certificates, driving license, copy of land
record, electricity and water connection affect the lower and middle classes. It is
also the case that increasingly, as people rise out of poverty, they will need
these services to ensure that they do not slip back into poverty.
A new department named as “Public Service Management” has been
established by the Government of Madhya Pradesh in September 2010 to
coordinate the activities, monitor the progress of implementation of the Act and
suggest changes that might be required for improving implementation and
enhancing effectiveness. Business Allocation Rules of Madhya Pradesh
Government has also been changed and notified in the Gazette on 10
September 2010 [Gazette Notification Ref. No. F-1-1 -2010-ONE (1) dt. 10-09-
2010] to facilitate and streamline this process as legislated in the Act. The
post of District Managers was created for coordination and monitoring help,
which will be filled with either experienced recently retired officials or young
experienced Management Graduates from reputed institutions. District
Managers are being trained on all aspects of the Act. The Government of
Madhya Pradesh has been organizing campaigns to increase the awareness of
the Act amongst the citizens and to elected representatives of the Local Self
Governments since the enforcement of this Act and also using various medium
like newspapers, television, radio, hoardings and boards for increasing
awareness.
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A bare perusal of this Act is sufficient to conclude and comprehend that
this Act is a very significant initiative towards the goal of achieving “Good
Governance”. This Act de facto and de jure guarantees the delivery of notified
public services, thereby fulfills one of the aims of “Good Governance” i.e.
improving delivery of public services. This Act also ensures accountability of
the designated officers, the first appeal officers and the second appellate
authority and clearly demarcates their responsibility. Strong grievance
redressal mechanism ensures that the concerned officials cannot dare to violate
the law and if they dare, the provisions of penalty and disciplinary action are
sufficient to amend the erring officials. All these factors together lead towards
citizen-friendly and citizen-caring administration with enhancing the efficiency
and effectiveness of the administration and enhancing the quality of life of
citizen. Conclusively, this Act will prove itself as a very significant initiative
towards the realization of “Good Governance” in the Madhya Pradesh. Its
significance can be presumed with the demand of similar provisions for the
entire country as a part of “Jan Lokpal Bill” prepared by civil society members
under the banner of “India Against Corruption” and the leadership of famous
Gandhian leader Shri Anna Hazare in year 2011. The Act was a pathbreaking
attempt to provide rights to citizens on essential services and guarantee their
service delivery. The Overall impact of this Act on the governance will be
significant. While top political executive and the top bureaucracy of the State
has shown its interest enacting this Act; its effective implementation on the
other hand will send a message that reformed governance is both a politically
useful idea and also an image changer for the bureaucracy. If implemented
properly and effectively, this may well be an image changer in the state and
possibly in the country.
It must, however, not be lost sight that the abundance of laws cannot be
the solution but it is the effective implementation and awareness of the laws
which can bring the change. As may be expected in a new legislation of this
kind, which is permanently impacting almost on all public dealing departments of
the Madhya Pradesh Government, there are bound to be implementation issues
and problem areas, which need to be addressed. Effective implementation
demands that the masses be made aware of their rights and remedies in order to enable them to enjoy the fruits of their right fully. Therefore, awareness is the key
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Page No. 198 Madhya Pradesh Guarantee of Public Services Delivery Act, 2010
to success, more so in the traditional set-up of Madhya Pradesh. The author
undertook a study about the awareness of this Act in District Bhind of Madhya
Pradesh.
Bhind is the Northernmost District of Madhya Pradesh, which spans from
25°54'5'' North to 26°47'50'' North and from 78°12'45'' East to 79°8'30'' East. The
district lies in the valleys of Chambal and the Sind, between the Kunwari and the
Pahuj rivers. The shape of the district is semi circular, bulging towards the north
east. The District is bounded by Agra and Etawah districts of Uttar Pradesh in the
north and Gwalior and Datia districts in the south. The eastern boundary is closed
by the districts of Etawah Auraiya and Jalaun of Uttar Pradesh in the east, where as
the western and north western boundaries are common with Morena district. The
north western boundary is marked by the Asan and the Kunwari rivers, the northern
and eastern boundaries being traversed by the Chambal and the Pahuj. The entire
District lies in the Chambal valley. The District is administratively sub-divided into
seven tehsils namely Ater, Bhind, Gohad, Lahar, Mehgaon, Mihona and Roun.
According to the 2011 census, the District has 299233 numbers of households, total
population 1703562 which include 926940 Male and 776622 female, literacy rate
76.59%, population density 382 persons per sq.kms. and sex ratio 838. The
population consists of approximately 94% Hindu, around 3% Muslim and about 2%
Jain population. A few numbers of Christians, Buddhists and Sikhs also live in
Bhind.
A total of 20 persons in each tehsil thereby a total of 140 persons were
randomly selected for study of awareness about this Act in the district. While
selecting these persons efforts were made to select 50% male and 50% female.
Efforts were also made to select 50% persons from rural background and 50% from
urban background. Interactions were had with them regarding their awareness
towards this Act and following results were obtained:-
Awareness about the act is 27.85% (39 out of 140).
Awareness amongst Female is 17.14% (12 out of 70).
Awareness amongst Male is 38.57 (27 out of 70).
Amongst the male who are aware of this Act, their awareness is of
medium level. They awareness is restricted upto the point that there
are certain departments where this Act is applicable and they are
aware of appeals and penalty clauses. However, they are mostly
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unaware of how many services and how many department are brought within the ambit of this Act
Amongst the female who are aware of this Act, their awareness is of low level. None of them know the provisions of appeals and penalty clauses.
Those aware about the Act, most of them came to know about it largely through newspapers, displays at offices and word-of-mouth.
Very few people have resorted to the provisions of this Act (18 of 39). None of the females from rural background is aware of this Act. Awareness amongst females from urban background is 34.28% (12
out of 35). Awareness amongst males from rural background is 31.42% (11 out
of 35) Awareness amongst males from urban background is 45.71% (16 out
of 35).
Conclusively, despite this Act being a path-breaking legislation and image changer, it’s very poor level of awareness is a cause of concern for the bureaucracy and political executives of the State. Unawareness of the Act and its welfare-oriented provisions, if not timely addressed, will defeat the very purpose of its enactment. Awareness as an empowerment is a key to “Good Governance”, therefore thrust on awareness building must be continued. Government should start special awareness camps especially in the rural areas and with special attention for females. Co-operation of Civil Society and NGOs must be obtained towards awareness. Special awareness programmes should be launched with the help of Gram Panchayats, Nagar Panchayats, Nagarpalikas, Aganwadi Agents and volunteers. Various cultural events like folk songs, festivals, Mela etc are to be utilized for improving awareness. Simultaneously, concerned officials should be imparted training programmes towards efficient and effective implementation of the Act. The Government should continue review the services and bring more and more public services within the purview of the Act. Reference:- 1. State, Society and Public Administration published by Indira Gandhi National
Open University. 2. Evaluation and Management Audit of M.P. Guarantee of Public Service
Delivery Act, 2012 published by School of Good Governance and Policy Analysis, Bhopal.
3. Bare Act
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Appendix – 7
EXAMINERS REPORT ON PH. D./ THESIS ( Para-21 )
Title of thesis An Analytical Study of Use and Implementation of Right to
Information Act (with reference to Gwalior City)
Name of candidate Shri/Smt./Ku Dharmendra Singh Chouhan
Subject Public Administration Faculty Political Science
Yes
No
1. The thesis is recommended for the award of Ph.D. degree.
2. The thesis be revised on the Lines detailed below
3. The thesis be rejected
Please write Yes/No, as the case may be.
DETAILED REPORT
(The examiner is requested to attach detailed report in four copies, covering also the
following points)
(a) It must be a piece of research work characterized either by the discovery of the facts or by a fresh approach towards the interpretation of facts. In either case it should evince the candidate’s capacity for critical examination and sound judgment.
(b) It must be satisfactory in point of language and presentation of the subject
matter.
Date …………………..
Place…………………. (Signature of the Examiner)
Full name & Address
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