India's Right to Information Act, 2005: a catalyst for good governance

Author： Chennupati Divakara Babu Potluri Rajasekhara Mouly Mangnale V.S.

ISSN： 1754-243X

Source： International Journal of Law and Management, Vol.55, Iss.4, 2013-07, pp. : 295-303

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Abstract

Purpose - The purpose of this paper is to analyze and assess the efficacy of one of India's path-breaking and trendsetting enactments of recent origin, namely, the Right to Information Act, 2005 in promoting transparency, accountability and probity in governance process at the national and sub-national level and how it is useful as a potent legal tool in fighting against and preventing maladministration, bad governance and venality in the governance process at different levels of administration in India. Design/methodology/approach - The paper focuses purely on the doctrine study by tracing out the historical background of the Citizens' Right to Information and an overview of the Right to Information Act, 2005. It also comprehensively discusses the meaning of information and right to know under the Indian constitutional framework and how its boundaries have been further widened with the enactment and enforcement of the Right to Information Act, 2005. Further, the paper also deliberates on how the citizens are empowered to enjoy and exercise unhindered right to information under the Act on a par with the legislators. Findings - The paper discloses that the Right to Information Act, 2005 has undoubtedly immense benefits for the Indian polity in the form of strengthening of democratic process and promoting good governance practices. Practical implications - The study throws ample light on how the informed and empowered citizenry is imperative for a meaningful democracy and also in promoting good governance and further in exposing maladministration. Originality/value - The study on the path-breaking enactment of recent origin in a young democracy like India has paramount contemporary significance for young and transitional democracies across the world for strengthening democratic systems and promoting good governance.