Understanding the “Key Issues and
Constraints” in implementing the RTI Act*
June 2009
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“…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” – Source: RTI Act’ 2005
*connectedthinking
pwc
Contents
Executive summary
3
Introduction
12
Progress made so far
26
Key issues and constraints in implementing the RTI Act
36
Learning from international experience
56
Recommendations
66
Implementation Plan
91
Annexure
95
PricewaterhouseCoopers
Executive summary
PricewaterhouseCoopers
3
Final Understanding the “Key Issues and Constraints” in implementing the RTI Act*
Executive summary
Background
In order to promote transparency and accountability in administration, the Indian Parliament enacted the
Freedom of Information Act, 2002, which was repealed later and a new act, The Right to Information Act, came into force on 12 October 2005. The new law empowers
Indian citizens to seek information from a Public
Authority, thus making the Government and its functionaries more accountable and responsible. The Act has now been in operation for over three years and has benefited many, including the poor and the underprivileged. It has been highlighted in this report through various case studies that RTI Act has adequate “teeth” to bring in transparency and reduce corruption. At the same time it accepted that the Act has not yet reached the stage of implementation which was envisioned. However, it is still a matter of pride that we have given to ourselves, a tool which has the potential to usher in transparency, and reduce corruption. Notwithstanding the improvement requirements, the following achievements are undisputable:
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Civil society organisations have been, and continue to be, active in