Transparency refers to the quality of being open, honest, and transparent in communication and actions. In various contexts, transparency can refer to the availability of information, the ease with which information can be obtained, or the clarity with which information is presented. In governance, transparency is often used to describe the extent to which citizens have access to information about the actions of their elected officials, as well as the degree to which the decision-making process is open and understandable. In organizations, transparency can refer to the openness of communication, the clarity of decision-making processes, and the availability of information about the organization’s policies and practices. 

Transparency in public life refers to the principle of openness and honesty in the actions, decisions, and activities of government officials and public institutions. This means that all information related to public decision-making, policies, budgets, contracts, and other matters of public interest should be available and accessible to citizens, media, and other stakeholders. 

Transparency promotes accountability, reduces corruption, and enhances trust in public institutions. It is essential for maintaining the integrity of democratic governance and ensuring that public resources are used for the benefit of society. 

The father of the American Constitution, James Madison,  once said, “A people who mean to be their own governors must arm themselves with power that knowledge gives”. In India, the Official Secrets Act of 1923 has historically served as a convenient cover to restrict public access to information. Public operations have often been shrouded in secrecy. However, in a democracy where people govern themselves, increased transparency is essential. The progression of our democracy towards recognizing the right to information is a significant advancement; this right enables citizens to engage fully in the decision-making processes that substantially affect their lives. 

The Right to Information Act, 2005 is a landmark legislation to effectuate transparency and openness in public life in India. In the following sections RTI Act is discussed in detail.

The Right to Information Act 2005

At the national level, the Matthew Commission Report in 1982 recommended for transparency and openness in governmental activities. The Supreme Court has been advocating the Right to Information as a part of fundamental rights under Right to freedom of speech and expression (Article 19) and Right to life and personal liberty (Article 21). V.P. Singh government committed to bring in the right to information but failed to do so.

In 1995, the Press council of India (PCI) came out with a draft of the Right to Information act. Thereafter nine states passed the Right to Information act partly based on the PCI’s draft. Tamil Nadu and Goa passed RTI Acts in 1997.

In 1997, the Government of India appointed a working group on RTI to bring transparency and accountability in governance. It was led by Mr. H. D. Shourie. This working group came out with a draft called the Freedom of Information Bill. Later, the National Democratic Alliance led government brought the Freedom of Information Bill in 2000 in the Lok Sabha and it was finally passed in 2003. This act was criticised severely by many politicians and experts as it was considered highly diluted and weak legislation. The United Progressive Alliance government made significant changes to the previous act and came out with a new legislation called Right To Information Act. The Act came into effect on 15th October 2005. 

The right to information allows for public examination of government records, equipping citizens with a crucial tool for understanding governmental actions and their effectiveness, thereby increasing governmental accountability. Enhanced transparency in governmental organizations contributes to their more objective operation, ultimately fostering greater predictability. Information about the functioning of government also enables citizens to participate in the governance process effectively. In a fundamental sense, the right to information is a basic necessity of good governance. 

The RTI Act aims at enhancing transparency and accountability in governance by setting up an information regime where citizens have access to information regarding the working of public authorities. The act also provides for the establishment of an information commission both at the Union and State levels.