Historical Background of Right to Information Act for CLAT - Practice Questions & MCQ

Introduction:

• The RTI Act, enacted in India, empowers citizens to access information held by public authorities, enhancing transparency and accountability.
• The historical context leading to the RTI Act's establishment involves a convergence of legal developments, social activism, and global trends in governance.

 Pre-RTI Era: Lack of Transparency and Accountability:

• Before the RTI Act, government functions were veiled in secrecy, hindering public insight into decision-making processes, policies, and administrative actions.
• The absence of open access to information eroded transparency, undermining public trust and effective checks on public officials.

Freedom of Speech and Expression: The Constitutional Foundation:

• The Indian Constitution, in Article 19(1)(a), recognized the freedom of speech and expression as a fundamental right, laying a foundational basis for the right to information.
• However, the absence of specific legislation impeded the practical exercise of this right to access information.

Judicial Interpretation: Expanding the Right to Information:

• Over time, Indian courts interpreted the right to information as inherent within the right to freedom of speech and expression.
• The case of S.P. Gupta v. Union of India (1982) underscored the Supreme Court's stance that the right to know is essential for personal liberty and a vibrant democracy.

Pressures for Transparency: Global and Domestic Factors:

• The global momentum towards transparency was evident through the Universal Declaration of Human Rights (1948), which recognized the right to seek and receive information.
• Domestically, civil society organizations, media entities, and activists campaigned for greater transparency, compelling the government to address public demands for access to information.

Examples of Grassroots Movements:

• The Mazdoor Kisan Shakti Sangathan (MKSS), led by Aruna Roy and Nikhil Dey, exemplified the power of grassroots activism.
• Through their "Right to Information Campaign," MKSS exposed corruption and mismanagement in rural development projects, igniting a national discourse on the need for a formal legal framework to access information.

Global Trends: Freedom of Information Acts:

• The international recognition of transparent governance manifested in the adoption of Freedom of Information Acts by various countries.
• Notably, the United States' Freedom of Information Act (1966) and the United Kingdom's Freedom of Information Act (2000) underscored the global shift towards openness in governance.

Legislative Efforts: Towards the Right to Information Act:

• The introduction of the Freedom of Information Bill in 2002 marked a legislative attempt to address the issue of transparency.
• However, concerns arose about the bill's scope and effectiveness in ensuring comprehensive access to information.

 The Right to Information Act, 2005: A Milestone:

• The culmination of efforts by civil society, media, and activists led to the enactment of the RTI Act in 2005.
• This landmark legislation provided citizens with a structured mechanism to obtain information from public authorities, fundamentally transforming the landscape of transparency and accountability.