Governor comes under RTI Act – There is a landmark judgement by the Bombay High Court at Goa
In a landmark judgement , the Bombay High Court at Goa on 14 November 2011 ruled that the Governor is a Public Authority and does come within the ambit of the Right to Information Act.
On 31 March 2011, the State Chief Information Commissioner, Mr. Motilal Keny had ruled that the Goa Governor was a ‘Public Authority’ and did come within the ambit of the Right to Information Act. He directed the governor to furnish information sought by advocate Aires Rodrigues under the RTI Act
The Governor of Goa had refused to furnish information under the RTI Act. The Governor of Goa had claimed that he was not a ‘Public Authority’.
Tuesday, November 15, 2011
Tuesday, September 27, 2011
Freedom of information is a fundamental human right
“Freedom of information is a fundamental human right …….” – Resolution no. 59 (1), United Nations General Assembly 1946.
“Everyone shall have the right to freedom of expression, this right shall include freedom to seek, receive and impart information and ideals 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.” – Resolution no. 2200!9XXI), United Nations General Assembly 1966
‘Right to information’ (RTI) is a basic human right and now everyone has a right to know how the government is performing. There are certain questions to which people wish to know their answers. Where is his tax used? What is the amount spent by the government on the road construction? What is the fate of his application?
Openness to governmental processes opens the door to good governance.
A few state governments passed legislations on the freedom / right to information:
- Goa – 1977
- Tamil Nadu – 1997
- Madhya Pradesh – 1998
- Rajasthan – 2000
- Maharashtra – 2000
- Karnataka – Ordinance 2000
The Central Act on Right to Information was passed in May 2002, as the Government of India had the view that this was a central subject.
Why people wish to know? People wishes to know to gain power in democracy. And Knowledge is power. And knowledge is derived from information. A well functioned democracy should have the following three characteristics:
- A well informed citizenry
- An equal and effective right to participation in the affairs of the state (governance) by the citizens
- Accountable public authorities and leaders to the people
Accountability is the foundation of democracy and citizens should be entitled to have information relating to the functioning of the government, public institutions and conduct of public functionaries and authorities. It is required that quality of decisions is improved in the interest of public .
The RTI Act, 2005 came into effect on 12 October 2005. It is one of the most significant legislations enacted by the Government of India. The RTI Act aims to ensure openness and transparency in the governance at Central, State and Local levels.
With best wishes,
Keshav
“Everyone shall have the right to freedom of expression, this right shall include freedom to seek, receive and impart information and ideals 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.” – Resolution no. 2200!9XXI), United Nations General Assembly 1966
‘Right to information’ (RTI) is a basic human right and now everyone has a right to know how the government is performing. There are certain questions to which people wish to know their answers. Where is his tax used? What is the amount spent by the government on the road construction? What is the fate of his application?
Openness to governmental processes opens the door to good governance.
A few state governments passed legislations on the freedom / right to information:
- Goa – 1977
- Tamil Nadu – 1997
- Madhya Pradesh – 1998
- Rajasthan – 2000
- Maharashtra – 2000
- Karnataka – Ordinance 2000
The Central Act on Right to Information was passed in May 2002, as the Government of India had the view that this was a central subject.
Why people wish to know? People wishes to know to gain power in democracy. And Knowledge is power. And knowledge is derived from information. A well functioned democracy should have the following three characteristics:
- A well informed citizenry
- An equal and effective right to participation in the affairs of the state (governance) by the citizens
- Accountable public authorities and leaders to the people
Accountability is the foundation of democracy and citizens should be entitled to have information relating to the functioning of the government, public institutions and conduct of public functionaries and authorities. It is required that quality of decisions is improved in the interest of public .
The RTI Act, 2005 came into effect on 12 October 2005. It is one of the most significant legislations enacted by the Government of India. The RTI Act aims to ensure openness and transparency in the governance at Central, State and Local levels.
With best wishes,
Keshav
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