The Information Commission was established following the formation of the Act on Right to Information. This Act was enacted in 2009 with effect from October 2008 (except some sections e.g. 8, 24 & 25).

This Act was enacted to make provisions for for ensuring free flow of information and people’s right to information. Though our constitution is silent about the people’s right to information, however it has covered some other rights within the fundamental rights chapter of the constitution. Article 39 may be referred in this regard where freedom of thought and conscience is guaranteed without any restriction. Some restrictions are imposed on the freedom of speech, expression and freedom of the press.

Considering the present context where information is the source of development in all areas, it has come to the forefront in every country as an important area of focus. Though we are yet to reach that level, we have already started our journey to focus the need for information and commutation technology. Ideally, the notion of information and information and communication technology is different. The first one is related to free of flow of knowledge and the second one is related to the way the communication and knowledge is to be shared. And the knowledge and information on the second one is another prime focus of the present world where technology drives the whole process of development.

Enactment of the RI Act was a major achievement towards acknowledgement of the people’s right to information. It was a breakthrough from the colonial mindset of bureaucratic stance towards peoples’ right and state ownership.

Acknowledging the constitutional spirit of the country, the Act further acknowledged the right to information as an inalienable part of freedom of thought, conscience and speech. It was rightly mentioned that the right to information is needed for empowerment of the people.

Free flow of information is required for ensuring transparency and accountability in all the state organs. It is one of the most important tools to make a country free from corruption and to establish good governance as well.

The definition of information is very extensive under the Act. Any memo, book, design, map, contract, data, log book, order, notification, document, sample, letter, report, accounts, project proposal, photograph, audio, video, drawing, painting, film, any instrument done through electronic process, machine readable record, and any other documentary material regardless of its physical form or characteristics, and any copy thereof in relation to the constitution, structure and official activities of any authority is included within the scope of this Act. So, there is little scope to evade the information seeker on any excuse by the information provider.

The meaning of authority is also inclusive to almost any body or organization.  And the right to information is defined as the right to obtain any information from any authority.

Section 4 of the RI Act provides that every citizen shall have the right to information from the authority, and the authority shall, on demand from a citizen, be bound to provide him with the information. So, the right is more or less absolute in nature. Though there are some reasonable restrictions exits in this regard.

To be Continued...

Z.M. Humayan: MSS in International Relations (DU) is working with a private organization