RTI protects basic features of Constitution

Every sovereign legal state is supposed to have a fundamental legal document which is known as Constitution and primarily sets out the frame-work for creation and functioning of various organs of the state such as legislature, executive and judiciary. These government organs draw their powers and work within principles determining their functions. But Constitution is not just a code of conduct for governmental agencies. Constitution not only confers powers on various organs of the state but also sets limitations and regulations on the proper use of those powers by providing the mechanism of check and balance.

Right to Information is one of such mechanism as it puts power of legislature, executive and even judiciary under the scrutiny of general public. It preserves basic freedoms of individuals and upholds his dignity and personality. Right to Information adheres to the principle of constitutionalism which means ideals of Justice, freedom and equality are being followed by organs of the state while discharging their duties. It is an in-built restriction on the powers of government agencies which provided by the constitution itself as Right to Information has emerged from the Right to freedom of speech and expression as contained under Art. 19 (1) (a) of the constitution.

Right to Information connotes the principles of constitutionalism by providing for 'limited government'. It is an antithesis to the arbitrary powers. Absence of Right to Information would mean to jeopardize the freedom of people and it would also lead to authoritarian and oppressive government. Further, Right to Information is part of rule of law also as Rule of law implies the absence of arbitrary powers, equality before law and individual liberties. Hence, in real sense, the Right to Information protects not only constitutionalism but basic features of the constitution also such as Fundamental Rights, Rule of law, principle of check and balance. All of these have been held to be part of basic features of Constitution; its heart and soul.

Regards,

Geeta Narula,
Advocate and Consultant,
Delhi High Court,

Contact at: http://rti.nic.in/views/src/compose.php?send_to=advocategeeta%40yahoo.com /
advocategeeta@rediffmail.com

Mobile: +91 9873331152

This post is also available on the Government of India's portal on Right to Information and the same can be accessed through following link

http://rti.nic.in/views/rti-protects-basic-features-of-constitution

ROLE OF RTI IN STRENTHING CSR

The present work tries to analyze the possibility of using Right to Information to bring social responsibility and accountability to the actions of corporations; be they public or private owned.

In a true democratic society, the affairs of the society are run through equal, active and effective participation of all the citizens in its affairs. To be effective, the participation has to be well informed, the information available to the people being full and truthful. Hence, to make self-governance a living reality Right to Information is must. But, it is not the state machinery or government departments that should be under a mandatory obligation to provide details of all their activities. Every corporation be it public funded or private, state run or MNC; should be under a similar statutory requirement to account for their actions because all their actions in some way or the other effect the common man only.

The concept of Corporate social responsibility or CSR also implies the same. All corporations being a functional part of this society only, are required to inform about their activities to the general public. Such information makes the functioning of the corporations more transparent as public knows whether a particular activity or mode of functioning of the corporation is beneficial to the society or not? and it is complying with statutory requirements or not specially the public welfare laws including those on Environment pollution. Such information will give the option to general public to use their Right to reject goods or services of those companies which fail to comply with such provisions or deliberately ignore to comply with them. And in this way right to information will sooner or later will compel the corporations to comply with their social requirements to stay in market.

Further, if we talk in terms of Constitutional law, then the fundamental right to freedom of speech and expression, as guaranteed by Article 19 (1) (a) of the Constitution, would be meaningless without authentic requisite information about issues and subjects on which opinions are to be formed and expressed.

Hence, if the recently passed enactment on Right to Information is implemented in its true spirit and with necessary modifications such as procedural formalities and inclusion of all corporations be they private or public under its net, it will go long way in providing real justice to our countrymen.

Regards,

Geeta Narula,

Advocate and Consultant,

Delhi High Court

Contact at: advocategeeta@yahoo.com / advocategeeta@rediffmail.com

Mobile: +91 9873331152

http://geetanarula.blogspot.com

http://www.blogger.com/profile/9620500

The system of ADR and Indian Laws

The existence of fair, just and reasonable procedure for determination and settlement of conficting issues between the litigating parties decides success rate of every justice delivery system and this includes the right of an individual to early disposal of cases known as right to speedy justice. For this reason, there have been various efforts by both legislature and judiciary to ensure early disposal of cases to the litigatants. The Indian judiciary has been considerate enough to include right to speedy trial as a part of fair, just and reasonable procedure enshrined under Article 21 of Constitution as the mental agony, expense and strain which a person suffers in his quest for justice while litigating in courts and which, coupled with delay results in impairing the capability or ability of the litigant to represent his case and sometimes even in the total denial of justice to him.

But, this right of speedy trial and easy access to justice should not be considered as one limited to criminal trial only and is equally available in civil suits. There are various legal provisions which provide alternative and less lengthy juidical mechnisms such as Arbitration and medition.

A unique example of this right as a part of Indian judicial system is the existence of "Village Panchayat System" which not only enjoys constitutional status under PART IX and Schdule 11 and 12 of the Consitution of India but also has a great historical significance as it is an institution meant for local governance. Under this village panchayat system, various judicial powers have been given to them which, though limited, but are of great importance as they are based on the principle of "Conciliation and medition".

Not only this, the major procedural law on civil proceeding, the Civil Procedure Code, 1908 also gives power to the court to refer matters for settlement through Arbitration, conciliation and medition including panchayats inder Section 89 of it. Further, we also have the Arbitration and Conciliation Act, 1996 which specifically provides that procedure to be followed in any arbitartion proceeding. As there is no special procedure to be followed in the arbitartion proceedings and party are free to make arrangements for the same as per the provisions of the Arbitration and Conciliation Act, 1996; the benefits of information tachnology can be used for this purpose as well. Hence, the system of Online Dispute Resolution Mechanism (ODRM) can be a good idea for this. The provisions for incorporating ODRM as an ADRM, by implication only but are very much included in both CPC and Arbitration and Conciliation Act, 1996.

Hence, law on ADR is quite sound in India and the only need is to make good use of the same.

Regards,

Geeta Narula,

Advocate and Consultant,
Delhi High Court

Contact at: advocategeeta@yahoo.com / advocategeeta@rediffmail.com

Mobile: +91 9873331152
http://geetanarula.blogspot.com
http://www.blogger.com/profile/9620500