Right to information is a basic feature for enforcement of at least one of the fundamental rights guaranteed by the Constitution of India. Article 19(1) (a) of the Constitution declares that all citizens shall have the right to Freedom of Speech and Expression. For effective exercise of such guaranteed right it is absolutely necessary that the citizens should have the knowledge about the subject in respect of which the right is to be exercised. The "knowledge" implies the necessary information relating to the subject. Without having a right to know, the right of speech and expression mentioned in Article 19 (1) (a) would be meaningless and would amount to denial of the exercise of the said right. Therefore, at the outset it must be kept in mind that the provisions of the Indian Constitution by necessary implication requires that all the citizens must have access to informations which they require to exercise their fundamental right. In the proposed enactment the right to information is recognised as an enforceable right.
The Draft Bill also spells out the restrictions for exercise of the said right in respect of certain identified matters, which in essence would be prejudicial to public interest.
The question for discussion on the said Bill should necessarily be confined as to whether it requires any change in the interest of the country and/or to the effectiveness of the provision contained therein.
The object of the proposed Act as reflected in the Draft Bill is to bring about transparency about every Government action in relation to the public.
In the first place it requires thoughtful scrutiny as to whether the Right to Information should be conferred/recognised on every citizen in matters relating to his individual purposes or it should be confined to matters of public interest.
In this connection it is relevant to note that an individual for his own interest and purposes has the right to obtain information and obtain certified copies of public documents as per the provisions contained in several other statutes. This right of an individual citizen is of course circumscribed by certain restrictions where it is likely to be utilised to the detriment of others and give scope to malicious litigations and mischiefs.
It is also necessary to examine the extent and purpose for which Right to Information is to be exercised even in the cases involving public interest.
Another important aspect for consideration is as to against whom such right is exercisable and the process of enforcement of such right.
It is stated that in certain States such as Tamil Nadu, Goa, Rajasthan, Maharashtra, Kamataka and Delhi "Right to Information" has already been enacted in a move to bring about a transparent, responsible and accountable system of governance. It is not disclosed as to whether such enactments in those States are in infancy or experimental stage. Useful purpose would be served to examine the Draft Bill and those enactments side by side to give effective suggestions for introduction or deletion of matters, which may be found expedient or unnecessary for our State. It would be still better to depute competent person/persons to those States or to some of those States to study the effectiveness and/or the impediments in the matter of enforcement of such rights, so that in the statutes going to be enacted for our State remedial measures can be taken to serve the purpose more effectively.
Since a small note of one or two pages would not accommodate the suggestions in respect of the different provisions contained in the Draft Bill. I may briefly touch them during the consultation/seminar scheduled to be held on 13th of July, 2002 at BASUNDHARA.
(P.C.Misra)