Corruption Watch

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A good attempt by getting the bill passed, let's see if it works in reality.

LS passes right to information bill
<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->UNI New Delhi May 11: The Lok Sabha today passed the landmark ‘Right to Information Bill 2004’ after Prime Minister, <b>Dr Manmohan Singh asserted that the legislation would root out corruption, empower the common man and ensure an effective, efficient and accountable governance</b>.
<span style='font-size:8pt;line-height:100%'>(Seems like a obese fool preaching the virtues of dieting and exercises)</span>

“The bill will see the dawn of a new era in our governance, an era of performance and efficiency, an era which will ensure that benefits of growth flow to all sections of society, an era which will eliminate the scourge of corruption, an era which will bring the common man’s concerns to the heart of all processes of governance, an era which will truly fulfil the hopes of our founding fathers, he said while intervening in the debate on the bill, which seeks to replace the Freedom of Information Act.

The opposition National Democratic Alliance did not participate in the discussion on the bill as part of their decision to boycott the entire sitting of the ongoing session in protest against the refusal to remove the Railway Minister, Mr Lalu Prasad for having been chargesheeted in the multi-crore fodder scam.

Winding up the debate on the bill, the Minister of State for Personnel and Parliamentary Affairs, Mr Suresh Pachauri said the legislation, in effect, gave the key of democracy to the common man. <span style='color:blue'>(key given to common man after the thief has already stolen the car  <!--emo&--><img src='style_emoticons/<#EMO_DIR#>/rolleyes.gif' border='0' style='vertical-align:middle' alt='rolleyes.gif' /><!--endemo--> )</span>

The bill provides for right to information for people to secure access to information under the control of public authority with an object to promote transparency and accountability in the working of all public authority.

It also provides for constitution of a central information commission and state-level information commission to act as an independent appeal mechanism.

<b>However, the bill imposes certain restrictions for giving information to public, if it prejudicially affects the sovereignty and integrity of the country. Cabinet papers, including deliberations of the ministers, secretaries and other officers, cannot be given to the public.</b>

The government moved as many as 149 amendments to the bill. All amendments were adopted by the House.

Before the bill was introduced in the House, it was considered in detail by the National Advisory Council, the highest policy making body of the ruling UPA, and a group of ministers.

The Prime Minister said the bill would strengthen the citizen’s role as arbiter of “our destiny”.

Saying that efficient and effective institutions are the key to rapid economic development, he said for this they must function in a transparent, responsible and accountable manner. “This is dependent not only on processes internal to the institutions but also on the ability of citizens and external agents to enforce their rights vis-a-vis these institutions.”

He said, “The bill would bring into force another right which would empower the citizen in this regard and ensure that our institutions and their functionaries discharged their duties in the desired manner.” It would bring into effect a critical right for enforcing other rights and fill a vital gap in a citizen’s framework of rights.

Dr Singh said the bill had the widest possible reach, covering central and state governments, Panchayati Raj institutions, local bodies and recipients of government grants. “Access to information under it is extensive with minimum exemptions, which too can be over-ridden on the basis of a public benefit test, when the benefit of release of information outweighs the harm caused by disclosure.”

“The bill lays down an architecture for accessing information which is simple, easy, time-bound and inexpensive. It has stringent penalties for failing to provide information or affecting information flow in any way. In fact, it imposes obligations on agencies to disclose information suo motu, thus reducing cost of access,” the Prime Minister said.

Calling upon the civil servants to see the bill in a positive spirit and not to view it as a draconian law for paralysing the government, he said its provisions were aimed at improving government-citizen interface resulting in a friendly, caring and effective government.

“I appeal to all civil servants to see this bill in the right spirit and hope they will only be spurred towards better performance. After all, we, the elected representatives, bow to the wishes of people and have come to no harm. So will it be with honest, hard working civil servants,” Dr Singh said.

Pointing out that the key to the successful functioning of any democratic polity is the ability of a citizen to observe and evaluate the functioning of elected representatives and make an informed judgment of their performance, he said this was possible only if there was easy availability of the necessary information for a citizen to arrive at an assessment.

In this context, Dr Singh said, “Common man is the fulcrum of our democratic system, as an observer, as the seeker of information, as the one who asks questions, as the analyst and as the final judge of performance.”

Mr Pachauri said the bill had a special provision assuring free information to those falling below the poverty line.

This, he said, was not there in the Freedom of Information Act passed by the NDA government.
<span style='font-size:8pt;line-height:100%'>(is this the only difference? someone below poverty line being able to access info - I'm lost  <!--emo&:unsure:--><img src='style_emoticons/<#EMO_DIR#>/unsure.gif' border='0' style='vertical-align:middle' alt='unsure.gif' /><!--endemo--> )</span>

“The bill fulfills the dream of Rajiv Gandhi to bring a radical transformation in the lives of the poor,” he said. <span style='color:red'>(I'm devasated that Nehru and Indira didn't have this vision and only Rajiv did <!--emo&:angry:--><img src='style_emoticons/<#EMO_DIR#>/mad.gif' border='0' style='vertical-align:middle' alt='mad.gif' /><!--endemo--> )</span>

Mr Pachauri said the bill contained strict penal provisions which even 55 other countries did not have in their right to information acts.

“We have also given less exemptions than those given by the advanced countries such as the US, the UK, Australia, the Netherlands, Ireland, New Zealand and Canada,” he said.

The exemption limit, which was 25 years in the Freedom of Information Act, had been reduced to 20 years.

On the other provisions of the bills, he said the third party seeking information can put in his viewpoint within ten days before the public information officer, who has to give his decision within 40 days.

Mr Pachauri said the government had checked up with the Attorney General that state bills would also coexist once the right to information bill became a central act. Rejecting the inclusion of the Chief Justice of India in the committee for the selection of central information commissioner, he said the selection committees for the CVC, CAG and Election Commission members also did not have the Chief Justice of India.

“Such committees carry out executive functions, so it has the Prime Minister, Opposition members, and ministers chosen by the PM.”

He said the bill, unlike the Freedom of Information Act, provides information to the public on corruption and violation of human rights.

Some provisions would be immediately enacted and the remaining within 120 days.

“The bill is a revolutionary change which will bring in transparency and accountability in administration,” he said.

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