Tuesday, March 17, 2020

The Real Swaraj will not come by the acquisition Essays

The Real Swaraj will not come by the acquisition Essays "The Real Swaraj will not come by the acquisition of authority by a few but by the acquisition capacity by all to resist authority when abused." -Mahatma Gandhi Introduction India is a democratic country. The head of the country is elected by the people of the country. The Government of the country possesses the authority to work for the welfare of the country on behalf of the people. The final decision making power regarding the welfare of the country is in the hands of Government. The people of the country want to know how the government is functioning. People have many questions regarding the functioning of the government. So, to answer all the questions of the people, the Parliament passed a new Bill known as "The Right to Information Act, 2005". The Bill was presented in Parliament on 22nd December, 2004. After intense debate till 15th June, 2005, it was finally passed on 15th June 2005 and came into force on 12th October, 2005. The Right to Information Act aimed at ensuring transparency in the functioning of Central State Governments. The Act provides for setting out the practical regime of right to information for the people to secure access to information under the control of public authorities to promote transparency and accountability in the working of every public authority, the Central Information Commission and State Information Commissions have been constituted for this purpose. Before passing of this Act, Disclosure of Government Information in India was governed by a law enacted during the British rule named as Official Secrets Act of 1889 which was amended in 1923. After 1923, it has taken India 82 years to transition from an opaque system of governance, legitimized by the colonial Official Secrets Act, to one where citizens can demand the right to information. The Right to Information is derived from our fundamental right of freedom of speech and expression under Article 19 of the Constitution of India. It says, " All the citizens shall have the right to freedom of speech and expression. " The main idea is that if the people do not have any information regarding the functioning of the Government and public institutions, then people cannot expr ess any informed opinion on it. For such a democracy to function, Freedom of Press is necessary to be understood first. The main reason for a free press is to ensure that the citizen s are informed. Thus, it clearly flows from this that the citizens' right to know is paramount. The date of 12th October, 2005 shall be remembered as a new era of empowerment for the common man i n India. It is applicable every where except JK. MEANING OF INFORMATION- Information means any material in any form including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force. The formal recognition of a legal Right to Information in India occurred more than two decades before legislation was finally enacted, when the Supreme Court of India ruled in State of U.P. v Raj Narain that the Right to Information is implicit in the right to freedom of speech and expression explicitly guaranteed in Article 19 of the Indian Constitution. Subsequently, the Court has affirmed this decision in numerous cases, and has even linked the Right to Information with the right to life enshrined in Article 21 of the Constitution. The RTI Act, which if used sensibly and efficiently can take the country in the direction of new democracy and good governance. "If liberty and equality, as is thought by some are chiefly to be found in democracy, they will be best attained when all persons alike share in the government to the utmost". RTI is perceived as a key to strengthen participatory democracy and ushering in people-centered governance. With access to information on their side, people can function better as an informed and responsible citizenry - investigating and scrutinizing government actions and reviewing the performance of their elected representatives with a view to seriously holding

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