Article on "Open Government and Right To Information" by K R Spandana

 



Name: K R Spandana

Course: BA LLB

Semester: 1st

College: Bennett University


Open government is a kind of governance in which the governing party and the citizens have a high degree of transparency. Transparency is a part of governing the public should have access to and knowledge of government operations. However, the term "open government" has evolved through time. With time, the public, particularly the youth, has become much more involved in the government's practises and operations than in the past.

The right to information act 2005, which came into effect on October 12, 2005, allows citizens to get any kind of information. In whatever form, information is material. It includes all electronic records, documents, notes, e-mails, opinions, advice, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, and models. Additionally, it contains information about any private organisation that may be available to a governmental authority under current law.

Thus, how does open government and the right to information align? To understand this first we have to understand where and how did the idea of open government emerge from.

History of Open Government

While scrutiny and criticism of government have a long history with mankind the concept of transparency and access to government information is a relatively recent concept that dates all the way back to the 17th and 18th centuries' Age of Enlightenment (also known as the Age of Reason). The development of "print culture" in Europe during this period encompassed newspapers, books, and essays, and was associated with a thinking revolution, which culminated in the American and French revolutions.

Throughout and after these political upheavals, several nations in western Europe and the United States enshrined the rights to free speech, expression, assembly, and press in law. These basic rights laid the groundwork for what was then considered open and democratic governance, and they continue to act as the (often forgotten) building blocks for our contemporary conceptions of open government.

Open Government – Is It Accountable?

An open government shares information and statistics about its activities, finances, and performance. It is accountable to society and sensitive to the demands of its citizens. It promotes the traceability of governmental choices, enabling people to exercise continuous and effective social oversight, thus enhancing public administration. A transparent government is inclusive and participatory, including people in the design, implementation, and oversight of public policy. It is a space where public administration is made more accessible to rising talents from citizens and other stakeholders via co-creation of ideas for improved public management. It transcends the notion of e-Government by transforming itself into a catalyst for innovation and value creation, using citizen knowledge and SMART technology to change and expand the reach and effect of its actions. Finally, an open government acknowledges the need to rethink how government works, altering the values and principles that drive public sector goals and performance, encouraging and creating trust, and strengthening, more transparent, and more effective institutions.

Open government is a necessary component of an open society–one in which voices may be heard, ideas addressed, and opportunities for interaction between government and its citizens exist. It is not a unique concept for governments to be open, participative, and responsible to the people. It dates back decades, if not centuries, in some locations. Over the past few decades, open government and its related ideas have accelerated their growth well beyond conventional supporters.

Why Should There Be an Open Government?

There are two primary reasons for government transparency: the positive impact on citizens (including increased awareness of what the government does, awareness of how their taxes is spent, and more civic engagement) and the benefits to governments (such as increased civic trust in government, greater efficiency, and enhanced delivery of services or systems functions).

·       Beneficial Effect on the Public

On a daily basis, the typical person likely utilises services provided by some level of government (municipal, state or provincial, or federal) without realising it. They are unaware that when they switch on the radio, a federal communications authority prohibits stations from interfering with one another and other signals from interfering with broadcasts. They take for granted that a government agency oversees public transit, ensures that stoplights function properly, and maintains roads in reasonable shape.

Open government programmes, on the other hand, have a propensity to raise people' knowledge of government services. Additionally, when governments make their data publicly available, people may examine how their taxes are spent. For example, when President Obama entered office in January 2009, his administration oversaw the spending of $840 billion in economic stimulus funds. Members of the Recovery Accountability and Transparency Board ensured that the government did not abuse money, and by September 2015, the agency had recovered, forfeited, or saved a total of $157 million.

When people understand how their taxes are being spent, they become more involved. They recognise that taking action to ensure they get the assistance they need is in their best interests. For instance, several communities have made information on calls to first responders and emergency services publicly available on their websites. Neighbourhood watch groups may use this data to defend their neighbourhoods more effectively.

·       The Government's Benefits from Open Data

In certain instances, open government may help people develop a greater sense of confidence in their government. According to a 2014 study conducted by Swedish researcher Jenny de Fine Licht, when the public is engaged in choices such as library financing, citizens develop a stronger feeling of trust in elected leaders and organisations.

Apart from enhancing people' confidence in government, open government projects may help governments operate more effectively. Additionally, governments may utilise data to improve the way services are provided and internal systems operate. 

 

Increase In Open Governments

The Open Government Partnership (OGP), a worldwide effort devoted to promoting such efforts, is driving an increasing number of nations to embrace open government reforms. Despite this, there is still a lot of variances in openness across nations. We look at the political, administrative, and civic elements that contribute to this variance, using the OGP eligibility requirements as a proxy for basic openness norms. We discovered that nations with strong executive restrictions and high levels of citizen education had more transparent administrations. More budget transparency and civil rights are linked with a dense network of civil society groups, but not with access to information or asset disclosure legislation. The findings indicate that having competent bureaucrats isn't enough to put the benefits of transparency into reality; nations also require educated people and effective supervision of executive agencies.

The Organization for Economic Cooperation and Development (OECD) conducted a survey on open government coordination and public participation in the policy cycle in 2015, which received responses from 54 nations. The survey was completed by all OECD nations, as well as thirteen countries from Latin America and the Caribbean, including Indonesia, Lithuania, Morocco, the Philippines, Romania, and Tunisia. The poll was completed by senior government officials in charge of the national open government agenda. The poll was divided into two parts: the first focused on the current approach to open government at the national level and was answered by the major open government institution. The nations' ministries of health and finance responded to the second section, which focused on identifying existing methods to public involvement across the policy cycle.

 

Right To Information

RTI, which stands for Right to Information Act, states that any Indian person may seek any information (that is meant to be public) from state or federal government agencies and departments. According to the act, these agencies and departments must respond to such requests within a reasonable amount of time.

Why Right to Information?

The RTI Act was enacted by the Indian government to ensure that Indian people may exercise their right to ask relevant concerns to the government and other public utility service providers in a practical manner. The Freedom of Information Act of 2002 was superseded by the RTI Act. The goal of this legislation was to assist people to get faster services from government entities by allowing them to inquire about why a specific application or official procedure was delayed. The act primarily seeks to make India free of corruption.

What is the RTI act’s Mandate?

The RTI Act provides that every Indian person has the right to request information from any public or government authority, and the authority is required to reply to such a request within 30 days of receipt. The requested information, however, cannot be linked to military, national security, or personal information.

Prior to the RTI legislation, the Official Secrets Act and a few other specific regulations limited the disclosure of information in India. Numerous similar laws in the nation were repealed by the RTI Act.

Additionally, the RTI legislation requires computerization of data for the goal of widespread dissemination, ensuring that any information requested by the public may be processed promptly, assisted by information classification.

What Kind of Information Are Accessible Under the RTI Act?

Any Indian citizen has the right to request information from a government authority, such as asking for a delayed IT refund, obtaining a driver's licence or passport, or obtaining information on a repair or infrastructure project that has been finished or is now underway. Additionally, information may be requested about the cash allocated under the various types of relief programmes in the country. The legislation allows students to get copies of their answer sheets from institutions.

 

The right to information act and open government are related in that under an open government, it is required to disclose any information requested by a citizen; similarly, under the right to information act. A citizen has the right under the RTI act to get information in a reasonable period of time. The exchange of information reassures and builds people' confidence in their government.