The Right To Information As A Fundamental Right - A Constitutional & Judicial Analysis
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Category: Constitutional & Human Rights
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THE RIGHT TO INFORMATION AS A FUNDAMENTAL
RIGHT: A CONSTITUTIONAL & JUDICIAL ANALYSIS
Tharun Aravind B & Dr. Saji Sivan S, VIT School of Law, Chennai
ABSTRACT
The Right to Information (RTI) is a fundamental democratic instrument, promoting government accountability and involving citizens in governance. RTI is identified as a core component of Article 19(1)(a) of the Indian Constitution. RTI has been moulded through constitutional provisions and judicial enunciations over the years. The present paper presents an exhaustive constitutional and judicial critique of RTI, which tracks its development from initial legal discourse to contemporary judicial renderings. In addition, the paper discusses challenges to its implementation, global viewpoints, the function of technology, and the effects of judicial activism on fostering RTI. Through the filling of the research lacunas in constitutional jurisprudence and judicial trends, this research enhances the scholarly discussion on the relevance of RTI in modern-day governance.
Keywords: Right to Information, Fundamental Rights, Constitution, Judiciary, Transparency, Judicial Review.
INTRODUCTION:
The Right to Information (RTI) is a major pillar of democratic governance that encourages transparency, accountability, and involvement of citizens through requests for information from public authorities, thereby encouraging transparency and limiting corruption. Although the Indian Constitution does not specifically include Right to Information, court interpretations are recognized and established that there is a Right to Information as a fundamental right in Article 19(1)(a) which guarantees Freedom of Speech and Expression. The enactment of the RTI Act of 2005 provided a statutory basis and therefore a legally binding right against public authorities or bodies.
This research paper provides a comprehensive legal and judicial overview of RTI; it explains the honorable origin of the fundamental rights, relevant judicial pronouncements which have expanded its scope, enforcement difficulties and limits of the Right to Information. The paper further details the role of the media, civil society, and information technology in supporting RTI, and ends with a comparative overview of the RTI laws of other countries both in regard to best practices and recommendations.
LITERATURE REVIEW:
M. P. Jain, "Indian Constitutional Law"1: This text offers an extensive account of Indian Constitution fundamental rights, with RTI developed over time through judgments. It delves into the extension of Article 19(1)(a) (free speech and expression) to comprise the right to information. The book establishes that even though RTI is not specifically mentioned in the Constitution, the court judgments have strengthened it as a fundamental democratic right. It also mentions key cases such as Raj Narain (1975) and PUCL (2003), which have fortified the legal framework of RTI. Toby Mendel, "Freedom of Information: A Comparative Legal Survey"2: This paper presents a comparative overview of RTI legislation in various nations, such as India, the United States, the United Kingdom, and Canada. It discusses the merits and demerits of different legal systems with regard to the right to information.
The paper discovers that although India's RTI Act is one of the most advanced transparency legislation in the world, its enforcement is weaker than that 1 lexread (no date) LexRead. Available at: https://www. lexread. lexisnexis. com/product/indian-constitutionallaw50183137 (Accessed: 31 March 2025). Unesdoc. unesco. org. Available at: https://unesdoc. unesco. org/ark:/48223/pf0000213477 (Accessed: 31 March 2025).
of developed nations. It also explains how various legal frameworks strike a balance between RTI and privacy as well as national security issues. Amaryllis Verhoeven "The Right to Information”3: a Fundamental Right: Amaryllis Verhoeven's article discusses transparency as a pillar of governance and a right to information in the European Union. It posits three main reasons for promoting openness in government: precluding power abuse, improving rational decision-making, and enabling citizen engagement in democratic governance. Verhoeven cites past practices, including Sweden's public access statutes, to reveal various cultures concerning transparency The article critiques modern EU laws, especially the proposed Transparency Regulation, arguing that effective openness is vital for legitimate administrative action and establishing public confidence.
It emphasizes the importance of a principled approach to access rights applying throughout EU institutions and seeks legislation that integrates various national customs and invites a collective re-examination of democratic norms. Finally, the paper emphasizes transparency as a sine qua non of democratic governance and demands reforms in order to promote accountability in the EU system.
RESEARCH GAP:
While there’s a lot of discussion in the literature about the legal evolution of the Right to Information (RTI), there are still some important gaps to fill. M.P. Jain does a great job tracing the judicial development of RTI, but he misses the point about its lack of clear constitutional recognition. Toby Mendel points out the weak enforcement of RTI, yet he doesn’t address the judicial inconsistencies that shape its scope. Amaryllis Verhoeven talks about the importance of transparency in governance, but she doesn’t compare it with India’s RTI framework. This paper aims to fill those gaps by looking into the constitutional ambiguities, judicial conflicts, and how RTI interacts with privacy laws after the Puttaswamy decision in 2017, offering a thorough analysis of RTI as a fundamental right in India.
METHODOLOGY:
This study uses a doctrinal approach primarily based on the review of legal texts, judicial decisions and statutory provisions to explore the constitutional and legal foundations of the Right to Information (RTI). The legal evolution and standing of RTI in India will primarily rely
3 Pitt. Available at: http://aei.pitt.edu/573/1/Amaryllis.pdf (Accessed: 30 March 2025).
on first-rate sources, including the constitutional provision, a popular Supreme Court ruling on RTI and the RTI Act, 2005. The utilitarian application and ambitions of RTI will rely upon the secondary academic literature, books, articles or reports which will inform use or re-imagining the implementation of RTI as a right. The thesis will also involve a normative comparison of RTI systems between the United States, the United Kingdom, and Canada, which will identify best practices and lessons learned, to take back and apply in India. By way of examining legal concepts, judicial jurisprudence and comparative practices, this study will seek to animate the rationale of RTI as a right.
CONSTITUIONAL ANALYSIS OF RIGHT TO INFORMATION:
The Right to Information (RTI) is a principle upheld by the Indian Constitution and, in a variety of historic verdicts, the judiciary has ruled that this principle is closely associated with fundamental rights, and particularly with Article 19(1)(a)4 and 215. Although RTI is not expressly stated in the Constitution, the Supreme Court has played a key role of recognizing and solidifying its constitutional grounding. RTI as a Fundamental Right under Article 19(1)(a) Article 19(1)(a) of the Indian Constitution states the right to freedom of speech and expression, which has been judicially construed to include the right to access information. The judicial reasoning for this interpretation was that an informed citizenry is pivotal to a functioning democracy in that information is prerequisite to being able to express informed beliefs and to add value in the governance of a country.
Consistently, the Supreme Court has endorsed the principle that "the right to know" is part of free speech and expression, thus leading to RTI being a constitutional right. The principle has been established in a number of landmark judgements:
1. Bennett Coleman & Co. v. Union of India (1973)6: The Supreme Court concluded that
freedom of speech and expression under Article 19(1)(a) includes the right to access information. Although the case was principally related to the freedom of the press, it was 4 19(1)(a)- Article 19(1) in constitution of India. Available at: https://indiankanoon.org/doc/1142233/ (Accessed: 30 March 2025).
5 ART 21- Article 21 in constitution of India. Available at: https://indiankanoon.org/doc/1199182/
(Accessed: 30 March 2025).
6 Bennett Coleman & Co. & Ors vs Union Of India & Ors on 30 October, 1973 AIR 106
alluding to the fact that restrictions on the access of newsprints of newspapers restricted the right to receive information, making RTI an important aspect of freedom of speech.
2. State of U.P. v. Raj Narain (1975)7: In this landmark case, the Supreme Court held that the
right to know is founded on the freedom of speech and expression. The problem arose when there was a government demand for production of documents that concerned political affairs. The Court observed that Indian citizens were entitled to know with respect to matters of public concern, emphasizing the fact that democracy hinges on an educated electorate and, therefore, accountability of government was the very foundation of democracy. The verdict in this case supported the constitutional underpinning of the RTI.
3. Secretary, Ministry of Information & Broadcasting v. Cricket Association of Bengal
(1995)8: The Court expanded the interpretation of Article 19(1)(a) to include not only the freedom of speech and expression under the same article but also the freedom to receive and access information. This ruling was watershed moment for the expansion of the debate about the rights of the media and the public's access to information. The judges reiterated that the right to receive and access information was at the very heart of democracy. By these kinds of decisions, the Supreme Court has reiterated over and over that the RTI was a Fundamental Right under Article 19(1)(a) of the Constitution, and access to information was indeed an essential prerequisite to the meaningful exercise of the right to free speech and free expression. RTI and Article 21 (Right to Life & Liberty) Aside from its association with Article 19(1)(a), there have been connections made to Article
21 of the Constitution, which enshrines the right to life and personal liberty. The Supreme Court
has stated that the manner of access to information is integral to maintaining dignity, security, and living a meaningful life, which also reaffirmed RTI as a essential of the right to life.
1. People's Union for Civil Liberties (PUCL) v. Union of India (2004):9 The Supreme Court
held that the right to be informed about the antecedents of election contestants is a fundamental aspect of Article 21. The judgment highlighted that voters need access to information on the
7 State of U.P. v. Raj Narain, (1975) 4 SCC 428
8 Secretary , ministry of info & broadcasting, vs cricket association of bengal 1995 - 1995 AIR 1236
9 People'S Union For Civil Liberties vs Union Of India & Anr ,2005 AIRONLINE 2005 SC 162
credentials, assets, and criminal background of political contestants so that they can vote with awareness. This case established a valuable precedent in connecting RTI with good governance and transparency in elections.
2. Union of India v. Association for Democratic Reforms (2002):10 The Supreme Court held
that the right to information regarding public personalities, such as politicians, is a fundamental component of both Articles 19(1)(a) and 21. The Court directed the release of information related to the criminal record, assets and liabilities, educational qualification, and details of these candidates who were running in elections.
3. R.P. Limited v. Indian Express Newspapers (1988):11 The Court argued that the right to know
is an essential right in order to bring about participatory governance. It reaffirmed that the flow of information helps one in making decisions that have a direct bearing on his/her life and liberty. The Evolution of RTI through Constitutional Interpretation Development of RTI as a constitutional right is a representation of the judicially progressive function of judicial activism in India. The courts interpreted the concept of fundamental rights, which includes even the right of access to information, in cases where there wasn't a clearly mentioned constitutional clause. This depicts the principle of expansive interpretation according to which fundamental rights have been interpreted expansively by the judiciary for the fulfillment of justice, transparency, and participatory governance.
RTI was first viewed as an implicit right under Article 19(1)(a) of freedom of speech and freedom of the press. Over time, the courts enlarged its purview to Article 21 since it understood that the right to information affects the right to life of an individual, especially with regards to health, governance, and personal safety. The right was enshrined in statutory law with the passage of the RTI Act, 2005, which guaranteed enforceability against public authorities. Yet, its constitutional basis is still crucial where RTI requests are rejected on technical grounds or where exemptions are invoked by
10 Union of India v. Assn. for Democratic Reforms, (2002) 5 SCC 294
11 Reliance Petrochemicals Ltd vs Proprietors Of Indian Express ... on 23 September, 1988
Equivalent citations: 1989 AIR 190
authorities. The constitutional interpretation of RTI confirms that it is solidly rooted in the scheme of Articles 19(1)(a) and 21 of the Indian Constitution. The Supreme Court has consistently reaffirmed RTI as an integral part of free speech, democratic self-government, and life. In enunciating access to information as a fundamental right, the judiciary has gone a long way in promoting transparency, accountability, and citizen engagement. The RTI Act, 2005, further enforces this right through the statutory mechanism. Nevertheless, issues like resistance from bureaucracy, abuse of exemption provisions, and cross-fertilization with privacy legislations continue to be challenges to its effective implementation.
Resolution of these challenges necessitates ongoing judicial oversight, policy changes, and public participation to ensure the constitutional promise of RTI is achievable in totality.
JUDICIAL ANALYSIS OF RIGHT TO INFORMATION:
May not be in the public interest. The courts have been central to developing and strengthening the Right to Information (RTI) in India. Through a succession of pathbreaking judgments, courts have reinforced RTI by identifying its constitutional roots, enforcing governmental accountability, and resolving conflicts with other rights like privacy and national security. Milestone supreme court cases enlarging RTI, the Indian Supreme Court has played a pivotal role in declaring RTI a constitutional right by deciding cases highlighting transparency, governance, and citizens' empowerment.
1. S.P. Gupta v. Union of India (1981)12
This was the first significant judicial acknowledgment of RTI in India. The Supreme Court held that government records, especially those involving judicial appointments and administrative actions, must be available to the public unless they deal with issues of national security or sensitive governance. The decision formed the basis of government functioning transparency, reiterating that secrecy in the administration is antithetical to democracy.
2. Union of India v. Association for Democratic Reforms (2002)13
12 S.P. Gupta v. Union of India, 1981 Supp SCC 87
13 Union of India v. Assn. for Democratic Reforms, (2002) 5 SCC 294
The judgment was significant in connecting RTI with electoral transparency. The Supreme Court held that citizens have the right to obtain information regarding the candidates who contest elections, their criminal backgrounds, assets, liabilities, and educational qualifications.The Court reiterated that free and fair elections cannot be held without an informed citizenry, emphasizing that RTI is not only a tool of governance but also a democratic requirement.
3. People's Union for Civil Liberties (PUCL) v. Union of India (2003)14
The Supreme Court took RTI beyond public access to documents and associated it with good governance and participatory democracy. The Court opined that transparency eliminates arbitrary decision-making as well as curtails corruption.It highlighted that public bodies have an obligation to actively disclose information instead of waiting for citizens to submit RTI applications.
4. CBSE v. Aditya Bandopadhyay (2011)15
This case explained the ambit of RTI as far as public authorities were concerned. The Supreme Court declared examination answer sheets to be public records and hence available under RTI. The decision fortified RTI in the education sector so that students had access to seek transparency in testing.
5. Reserve Bank of India v. Jayantilal Mistry (2015)16
The Supreme Court ruled that RBI is bound to provide information pertaining to banks and financial institutions under RTI, even when the same relates to regulatory affairs. The decision enshrined fiscal transparency and accountability to the people in the regulating bodies. All these cases pinpoint the way Supreme Court has consistently extended RTI over the years so that the people can be provided with necessary information having bearings on the issues of governance, elections, administration, and financial transparency.
14 People'S Union For Civil Liberties vs Union Of India & Anr ,2003 AIRONLINE 2005 SC 162
15 CBSE v. Aditya Bandopadhyay, (2011) 8 SCC 497
16 RBI v. Jayantilal N. Mistry, (2016) 3 SCC 525
6. Reliance Petrochemicals Ltd. v. Indian Express Newspapers (1988):17
It is one of the notable cases to establish this connection. In this matter, the Supreme Court stated that the right to know is necessary for participatory democracy. The Court subsequently held that free flow of information is critical for citizens to make informed decisions about participatory democracy, especially regarding issues affecting public life or public aspects of life and governance. Access to information is important to the degree of people's ability to exercise their right to life and liberty under Article 21 Judicial Limitations on RTI While the judiciary has vastly amplified RTI, it has also acknowledged certain exceptions where releasing information The courts have held that RTI is not absolute and will need to be weighed against rival interests like national security, privacy, and judicial autonomy.
1. National Security Issues – Kuldip Nayar v. Union of India (2006)18
The Supreme Court held that national security, diplomatic relations, and confidential government communications are justifications for limiting RTI. The Court supported the Official Secrets Act, 1923, through which the government can keep sensitive information away from the public eye. This case held that RTI will have to be under reasonable restrictions, particularly if it will be a threat to national sovereignty.
2. Conflict with Right to Privacy - Justice K.S. Puttaswamy v. Union of India (2017)19
In this case, the Supreme Court held that the right to privacy is a fundamental right under Article
21 of the Constitution. The judgment had raised eyebrows with respect to how privacy rights
would be weighed against rights to information, particularly when talking about personal data, government surveillance and Aadhaar information. The Court stated that RTI cannot be used as a means to infringe on a person's right to privacy.
3. Cabinet Papers and Policy Decisions – Union of India v. Central Information Commission
17 Reliance petrochemical ltd vs indian express newspaper 1988- 1989 AIR 190
18 Kuldip nayar vs uoi -2006 air 2006 sc 3127
19 Justice ks puttuswamy vs uoi 2017 -AIR 2017 supreme court AIR 2017 sc 4161
(2019)20 The Supreme Court held that cabinet deliberations, policy drafts, and sensitive government deliberations are exempt from RTI until a final decision is reached. This decision safeguarded the confidentiality of decision-making processes while making sure that once policies are in place, they need to be available for public scrutiny.
4. Misuse of RTI – Girish Ramchandra Deshpande v. Central Information Commission
(2012)21 The Court warned against the abuse of RTI for personal ends, blackmail, or harassment. It held that personal and professional details of government officials cannot be released unless there is a greater public interest. This ruling dealt with fears of frivolous RTI applications that are for private ends instead of public accountability. The judicial reading of RTI in India balances on a tightrope between openness and rival constitutional interests. As the Supreme Court has relentlessly broadened RTI, ensuring it as an instrument of potent accountability, it has also respected valid constraints where release might jeopardize privacy, national security, independence of the judiciary, or governance integrity. Progressive interpretations have made RTI a constitutional right under Articles 19(1)(a) and 21, which has become the foundation of participatory democracy.
At the same time, courts have also marked limits where unfettered disclosure may jeopardize security, privacy, and institutional autonomy. In the future, judicial vigilance will remain essential in order to ensure that RTI legislation is not misused or watered down and remains an instrument of government accountability and public empowerment. Thus, as RTI evolves, its success will depend on judicial scrutiny, parliamentary reform, and an activist citizenry to achieve the right balance between transparency and required constraints.
CHALLENGES IN RTI IMPLEMENTATION:
Notwithstanding the Right to Information (RTI) Act, 2005, being such an effective tool for transparency and accountability, its enforcement is plagued by a number of serious challenges. Such challenges weaken the potential of RTI and limit citizens' access to important information. • Bureaucratic Resistance- Resistance by government officials is one of the largest challenges
20 Uoi v central info commission -AIR (NOC) 119(DEL)
21 Girish Ramachandra v cic 2012 - 2012 AIR SCE 5865
in RTI implementation. Officials often stall or deny information requests without proper reasons like file non-availability, Section 8 exemptions, or procedural defaults. A few officials view RTI as a threat to their interests and therefore cause intentional delays, unnecessary redaction, or incorrect interpretation of law to avoid disclosure. The absence of accountability for default also aggravates the situation, discouraging governance transparency. • Dangers to Whistleblowers and RTI Activists- Whistleblowers and some RTI activists have been subjected to intimidation, harassment, and also violence for highlighting corruption and malpractices. Attacks or murders of RTI activists provide a demonstration of the risk-fraught operating environment of information seekers targeting entrenched vested interests.
The Whistle Blowers Protection Act, 2014, which protects RTI activists, is also toothless when it comes to implementing effective security protection. • Judicial Backlog and Delayed Adjudication- RTI challenges find their way to Information Commissions and high courts in appeal, leading to huge delays in delivery of justice. Information Commission case backlog as well as the judiciary results in delayed adjudications, thus the applicant fails to obtain timely information. Numerous cases remain outstanding for years, defeating the entire intent of RTI as an instrument of immediate transparency. • Privacy Issues and Data Protection Issues- RTI vs. Privacy has been increasingly becoming a test, particularly following the Justice K. S. Puttaswamy judgment (2017), by which privacy has been held as a fundamental right.
Some requests under RTI contain personal information of individuals such as government employees, and then the issue concerns balancing transparency against personal privacy. The Personal Data Protection Bill (draft law) attempts to enhance privacy legislations but potentially limits the ambit of RTI by creating conditions for curtailing data disclosures. The challenges of implementing RTI necessitate systemic changes, such as reinforcing legal protection for whistleblowers, minimizing bureaucratic obstacles, speeding up judicial procedures, and harmoniously balancing openness with privacy entitlements. Unless there is effective governance and stronger institutional mechanisms in place, the ability of RTI to further accountability and good governance will remain limited.
COMPARATIVE ANALYSIS: RTI IN OTHER COUNTRIES:
The Right to Information (RTI) is a universal concept that supports government transparency
and accountability. There are different RTI laws enacted in various countries with their own strengths and weaknesses. A comparison between India, the United States of America, the United Kingdom, and Canada gives an overview of the strengths and weaknesses of different RTI systems. United States – Freedom of Information Act (FOIA), 1966: FOIA was one of the first thorough RTI Acts in the globe, opening the door to other countries to follow suit. It entitles citizens to information in the files of the federal government with limited exemptions pertaining to national security, law enforcement, and privacy of individuals. In contrast to India's RTI Act, which extends to both central and state governments, FOIA only deals with federal agencies, curtailing its ambit. Yet, the U. S.
legislation is strongly framed and boasts an effective electronic request mechanism, making it more implementable. United Kingdom – Freedom of Information Act, 2000: United Kingdom's Freedom of Information Act, 2000 grants wide access to documents of the government to its citizens, as does India's RTI. The Act, though, has greater exemptions, including on issues relating to national security, public security, and relations with foreign states. Unlike in India, where denials of information can be challenged before autonomous Information Commissions, in the UK, appeals pass through the Information Commissioner's Office (ICO), which exercises strong enforcement powers. One advantage of the UK system is the mandatory proactive disclosure, whereby certain categories of information must be put out by public authorities without requiring RTI applications.
Canada – Access to Information Act, 1983: The Access to Information Act of Canada gives citizens a right to information with respect to government records subject to exceptions with regard to cabinet confidences, national security, and trade secrets. The legislation has a serious focus on reconciliation of transparency with protection of information to ensure protection of sensitive data. Nevertheless, as with the Indian RTI Act, processing is delayed through bureaucratic inefficiency. Canada's law also leaves certain government agencies out of its scope, limiting its scope overall to less than that of India's RTI act.
THE FUTURE OF RTI: DIGITAL GOVERNANCE & TRANSPERENCY:
As governments globally adopt digitalization, the Right to Information (RTI) can be greatly strengthened with the use of technological innovation. Digital technology can enhance access,
efficiency, and transparency to ensure information is delivered to citizens swiftly and accurately. Online RTI Portals for Speeded Application Digitization of the RTI process using online RTI portals has changed the game in the ease of accessing information. Most nations, such as India (RTI Online Portal), the UK, and the USA, have implemented electronic filing systems wherein citizens can file requests, monitor status, and get replies in a streamlined manner. Online portals minimize bureaucratic delays, paperwork, and corruption threats by cutting out intermediaries. But there are still challenges, including limited internet penetration in rural areas and technical issues that impede efficiency. To achieve maximum benefits, more robust digital infrastructure and easier user interfaces are required.
Blockchain Technology for Tamper-Proof Records Blockchain technology can make RTI more transparent and accountable by establishing unchangeable, decentralized records that do not allow for the tampering or erasure of government files. As blockchain provides tamper-proof storage, it can be used to prevent officials from changing public records in order to escape accountability. For instance, Estonia employs blockchain-based e-governance to secure public records, and any changes leave an immutable digital trace. Implementing blockchain in RTI-related data management can significantly reduce data corruption, unauthorized alterations, and record destruction in India and other countries.
Artificial Intelligence to Streamline RTI Responses Artificial Intelligence (AI) software can be incorporated into RTI systems to provide automated responses, predict patterns in the requests, and improve the dissemination of information. Chatbots and Natural Language Processing (NLP) systems driven by AI can categorize RTI requests, access specific data, and respond instantly, lessening the burden on public information officers (PIOs). Further, AI has the ability to scan for regularly sought information, allowing proactive disclosure of such information, reducing unnecessary RTI requests. But ethical issues, data prejudices, and cybersecurity risks need to be met before extensive integration of AI into RTI systems.
The destiny of RTI in online administration hangs on robust technology integration with security, privacy, and access of data. Through embracing online portals, transparency through blockchain technology, and automation through AI, RTI systems can become citizen-centric, effective, and immune to government delays, promoting accountability in democratic governance.
CONCLUSION:
Right to Information (RTI) is a constitutional imperative that ensures transparency, accountability, and participatory democracy. Although judicial interpretations have strongly established RTI as a fundamental right under Article 19(1)(a) and Article 21, its actual implementation still encounters bureaucratic resistance, judicial delays, privacy issues, and threats to whistleblowers. Enabling stronger legal protections for RTI activists, facilitating a harmonious balance between RTI and the right to privacy, and deploying digital technologies like online portals, blockchain, and artificial intelligence have the potential to make RTI more impactful. The Supreme Court has to continue being proactively engaged in reading RTI generously, restraining arbitrary curbs, and asserting the right of citizens to receive information.
Parallelly, legislative adjustments need to be made in order to seal loopholes, rationalize RTI process, and stem bureaucrat obstacles that hamper transparency. A futuristic approach of integrating legal, judicial, and technological uptakes will be necessary in the future to make RTI more effective as a good governance and democratic accountability tool.
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