Empirical research o n rti in Central Information Essays - India

Empirical research o n rti in Central Information Essays - India empirical research o n rti in Central Information commission Contents TOC \o "1-3" \h \z \u Chapter I: Introduction PAGEREF _Toc373924028 \h 1 1.Overview PAGEREF _Toc373924029 \h 1 2.Review of Literature PAGEREF _Toc373924030 \h 1 3.Research Questions PAGEREF _Toc373924031 \h 3 4.Hypothesis PAGEREF _Toc373924032 \h 3 5.Objective of Research PAGEREF _Toc373924033 \h 3 6.Rationale of Research PAGEREF _Toc373924036 \h 3 7.Research Methodology and Design PAGEREF _Toc373924037 \h 3 8.Scheme of research PAGEREF _Toc373924038 \h 4 chapter II: Theoretical analysis PAGEREF _Toc373924039 \h 5 chapter III: Empirical analysis PAGEREF _Toc373924040 \h 10 Chapter IV- Recommendations and Suggestions PAGEREF _Toc373924041 \h 12 Bibliography PAGEREF _Toc373924042 \h 13 Annexure I.14 Chapter I: Introduction Overview The Right to Information Act, 2005 came into force after the Freedom of Information Act, 2002 was repealed. This act came in with the basic objective to promote openness, transparency and accountability in administration. In the case of S.P. Gupta v. President of India, the Supreme Court first mentioned that "The right to know, receive and import information has been recognised within the right to freedom of speech and expression. A citizen has a fundamental right to use the best means of imparting and receiving information and as such to have an access to telecasting for the purpose." Thus, the right to information has been considered as a basic feature of the Constitution fundamental right under article 19 (1). Corruption which had taken root at all levels of governance had prevented a clear and uninhibited flow of information from the state to the government. Unlike many other countries (for e.g. UK) which took several years to operationalise the Act post the enactment, India took only a few months to bring it into force. This time was inadequate to change the mindset of the people in Government, create infrastructure, develop new processes and build capacity to deliver information under this Act. Thus, the aim of the paper is to see if there are any shortcomings to the RTI Act and what can be done to mend the loopholes left by the legislature. Review of Literature To make this paper the researcher has used the help of various books, articles and cases to come up with a suitable research and a conclusive answer Books Articles Subhash C. Kashyap , Constitutional Law of India, 3rd Ed, Volume 2, 2008, Wadhwa and Wadhwa , Nagpur . Key Issues and Constraints in implementing the RTI Act, Final Understanding the "Key Issues and Constraints" in implementing the RTI Act, PricewaterhouseCoopers. Final Understanding the "Key Issues and Constraints" in implementing the RTI Act, PricewaterhouseCoopers, Annexure I. RIGHT TO INFORMATION- A STUDY, Orissa Review , Nov ., 2006. http://rajyasabha.nic.in/rsnew/Parliament_of_India.pdf . Abhinav Garg , Private schools fall under RTI: Court, Times of India, Published on May 3, 2013, 02.45AM IST, accessed at http://articles.timesofindia.indiatimes.com/2013-05-03/news/39008319_1_ews-quota-private-unaided-schools Press Release by Ministry of Personnel, Public Grievances Pensions, Amendment to the Right to Information Act, 2005, Accesed at http://pib.nic.in/newsite/erelease.aspx?relid=97577 . Guide For Public Authorities, accessed from http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02rti/1_4_2008_IR(Eng).pdf Cases S.P. Gupta v. President AIR 1982 SC 149 Tamil Nadu Road Development Co. Ltd. Vs. Tamil Nadu Information Commission and Anr (2008) 145 CompCas 248(Mad) Ravneet Kaur v. The Christian Medical College AIR 1998 PH 1 D.A.V. College Trust and Management Society and Ors. Vs. Director of Public Instruction and Ors AIR2008P H117 Chandigarh University, Village Gharuan v State of Punjab others AIR 2013 PH 187 Shri Nisa Ahmed Srika and others v. LIC housing Finance Limited and Others CIC/AT/A/2007/0735, 729, 1370 and .CIC/AT/A/2008/1420 Shri Subhash Chandra Aggarwal and Anr v. Indian National Congress/ All India Congress Committee (AICC) and Others CIC/SM/C/2011/001386. Research Questions What is the scope of Public Authority under section 2 (h)? Should political parties be included under the scope of Public authority? Hypothesis The researcher thinks that the scope of public authority can be expanded through interpretation and should be expanded to cover all possible public bodies. Objective of Research To see how the scope of "public authority" is expanding and why there is a need to expand this word. To see why political parties should come within the scope of "Public Authority" Rationale of Research The reason why the researcher took such an endeavour because as much as understanding the efficacy of the Act is essential, an even more essential aspect is