Academic Associates – IIM Ahmedabad

1. Academic Associates – IIM Ahmedabad STUDY OF e-GOVERNANCE IN FLOURISHING RIGHT TO INFORMATION ACT IN INDIA KALPESHKUMAR GUPTABAIJUL PARIKH XVI Annual International Conference, New Delhi January 3-4, 2015

2. Outline of the presentation:- • Introduction • E-Governance • Right to Information Act, 2005 • Recent Scenario – E-Gov. • & RTI Act, 2005 • 5. Concluding Remarks • 6. Q & A Outline

3. Introduction

4. Introduction :- • Good governance is a key stroke for the success of any country. • RTI plays a crucial role in good governance in the country. • E-governance ensures seamless flow of information to citizen. Governance is "the process of decision-making and the process by which decisions are implemented (or not implemented)".(UN Economic & Social Commission for Asia & the Pacific, UNESCAP, 2009) ….”good governance” is an extremely elusive objective. It means different things to different organizations (http://unu.edu/)

5. “E-Governance is the only way to move from good governance to proactive pro-people good governance” • Shri Narendra Modi, • Hon’ble Prime Minister of India

6. e-GOVERNANCE

7. E-Governance:- E-governance is the application of information and communication technology (ICT) for delivering government services, exchange of information communication transactions, integration of various stand-alone systems and services between government-to-customer (G2C), government-to-business (G2B), government-to-government (G2G) as well as back office processes and interactions within the entire government framework (Saugata, B., and Masud, R.R. (2007) Cont.

8. Cont. E-Governance:- E-Government is dealing with a narrower area consisting of developing an online platform to provide services to citizens like - e-tax, e-health, e-transportation etc. …..While e-Governance consists of a broader spectrum that deals with the networks and cardinalities within the Government with respect to the usage and application of ICTs.

9. RIGHT TO INFORMATION ACT, 2005

10. Right to Information Act, 2005 :- • RTI Act passed in year 2005 • Main objective of RTI Act is to bring transparency and accountability in working of public authorities. • Section (4)(1)(b) refers to Suo-moto disclosure. • Section 4 (2)..………..It shall be a constant endeavor of every public authority to take steps in accordance with the requirements of clause (b) of sub-section (1) • to provide as much information suo-moto to the public at regular through various means of communications, including internet, so that the public have minimum resort to the use of this Act to obtain information.

11. Right to Information Act, 2005 :- Section 4(1)(b)….. the particulars of its organization, functions and duties; the powers and duties of its officers and employees; the procedure followed in the decision making process, including channels of supervision and accountability; the norms set by it for the discharge of its functions; the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions; a statement of the categories of documents that are held by it or under its control; the names, designation and other particulars of the Public Information Officers;…….17 categories

12. RECENT SCENARIO E-GOV. & RTI ACT, 2005

13. Recent Scenario E-Gov. & RTI Act,2005 :- • At Central Level • Online RTI Application centre (www.rtionline.gov.in) • Central Information Commission Online (http://rti.india.gov.in/) • At State Level • Jankari (Helpline) in Bihar • Online filing of RTI (Maharashtra) • Video Conferencing for Hearing of cases (State Information Commissions, Punjab, Haryana, Tamil Nadu, Chhatisgarh, Maharashtra)

14. Online RTI filing once new CM settles down* :- • Initially Four departments will have facility for online filing of RTI application in Maharashtra • These departments will have a dedicated website for filing online RTI applications. Besides filing, one will also be able to get replies through the online route. Maharashtra Video Conferencing *Source :- http://www.dnaindia.com/sport/report-online-rti-filing-once-new-cm-settles-down-2031836, November 4, 2014

15. Use of Information Technology for better implementation of RTI Act: Supreme Court asks States and Union Territories to decide in Three weeks • Rajeev Agrawal, Advocate filed PIL in SC. • The petition demanded a direction to the States and Union Territories to take urgent steps to ensure filing of RTI applications, appeals and complaints through electronic mode including through Websites and through Call Centres as voice facilitation Centres for filing RTI applications, appeals and complaints *Source :- http://www.livelaw.in/use-information-technology-better-implementation-rti-act-supreme-court-asks-states-union-territories-decide-three-weeks/ , November 6, 2014

16. Maharashtra govt to allow online RTI queries from New Year* :- It has been decided to roll out RTI online in the state secretariat from January 1, 2015 and across the state in all government offices by April 1. Fadnavis said bringing in accountability in the system remains the top focus of his government. *Source :- http://timesofindia.indiatimes.com/india/Maharashtra-govt-to-allow-online-RTI-queries-from-New-Year/articleshow/45627954.cms , December 24, 2014

17. Maharashtra: RTI online on trial basis from today, DNA, January 1, 2015 37 Department Covered

19. Concluding Remarks

20. Conclusion :- • E-Governance plays crucial role in flourishing RTI. Timely cost effecting medium to disseminating information. • Suo-moto disclosure u/s 4(1)(b) of RTI Act, 2005 by using cost effective medium i.e. Internet • Few Public Authorities implemented online filing of RTI • Rare cases of video conferencing facility in the Office of Information Commissioner Cont..

21. Recommendations :- • All public authorities make full disclosure as per Section 4(1)(b) of RTI Act,2005. • Promote online RTI application/appeals in the state. Public authorities also can make individual effort for this. • Dedicated web portal in the state covering all public authorities in that so that one can file an application/appeal at one point itself. • Enable video conferencing facility for hearing appeals and complaints in the office of State Information Commissions. Cont..

22. Cont.. Cont.. Figure 1: Online RTI Application Flow

23. Cont.. Cont.. Figure 1: Online RTI Application Flow

24. Cont.. Figure 1: Online RTI Application Flow

25. References :- Frank Bannister (2012), “Defining e-Governance”, e-Service Journal, Winter 2012, Vol. 8, Issue 2, p 3-25 Gupta Piyush & R K Bagga (2008), “Compendium of e-Governance Initiatives in India”, University Press India Pvt. Ltd. Shukla Ashutosh (2014), “RTI plea can be filed online from August end”, DNA, August 14, 2014 retrieved from http://www.dnaindia.com/mumbai/report-rti-plea-can-be-filed-online-from-august-end-2010617 on August 15, 21014 Saugata, B., and Masud, R.R. (2007), ”Implementing E-Governance Using OECD Model(Modified) and Gartner Model (Modified) Upon Agriculture of Bangladesh. IEEE. 1-4244-1551-9/07. Web Reference:- http://rtionline.gov.in/ accessed on May 5, 2014 http://cic.gov.in/ accessed on May 5, 2014 http://rti.india.gov.in/ accessed on May 5, 2014 http://hphamirpur.nic.in/RTI/e-Soochana.pdf accessed on May 5, 2014 http://www.biharonline.gov.in/RTI/(S(luvp4m45jaabex45jlvvxs45))/index.aspx?ln=en&AspxAutoDetectCookieSupport=1 accessed on May 10, 2014

26. KALPESHKUMAR GUPTABAIJUL PARIKH advocatekgupta@gmail.com