Indian Institute of Public Administration: Right to Information

12/10/2010 I was fortunate enough to be able to visit the Indian Institute of Public Administration (IIPA) with PS Bawa, Transparency International's Chairman.  IIPA provides training and research on public administration and policy topics.  They also publish the Indian Journal of Public Administration.  Most relevant to this topic is its volume on the Right to Information.

That day, IPII was hosting a day long seminar for employees of Oil and Natural Gas Corporation, a contractor of the state of India on the the 2005 Right to Information law  The seminar was entitled, Initiation for Change: Addressing the Civil Society Expectations, Right to Information. ONGC wanted to be better aware of what they needed to share with the public.  ONGC was the first adopter of the Integrity Pact, sponsored by Transparency International, to encourage honest business and stop corruption by ensuring that information is readily accessible and most importantly establishing a code of conduct for doing business..  On its website, you can see that ONGC has embraced the idea; it publishes its promotional programs and salary ranges for its executive, corporate governance, code of conduct, and annual reports.  ONGC receives public funding so it is covered under the law. It wants to continue this effort by better understanding what it's responsibilities are under the right to know.

The panel I heard included Transparency International's chair, a faculty member of the Institute who was a journalist, and an attorney who presents to the Supreme Court.

India's agencies are all to have public information officers to spread the word about the public's right to information.   As one speaker put it, you don't have the right to information if you don't have knowledge of it.
The law requires that authorities publish information such as what ONGC has already published but also "publish all relevant facts while formulating important policies or announcing the decisions which affect the public." It should also "provide reasons for its administrative or quasi-judicial decisions to affected persons."  Obviously this is a rather broad ranging, comprehensive law.  The law even states that when a person cannot write or use electronic means to request information, a PIO should assist. The Supreme Court of India is even trying to figure out what it needs to publish regarding hiring practices. Even politicians' records must be known. This is an extension of the 1988 Prevention of Corruption Act and the Central Information Commission is responsible for its implementation and arbiter if a PIO refuses a request for information. Mr. Bawa has asked the Central Information Commission to promulgate rules on this as a Right to Information Request.

What ONGC learned was to keep good records about their contracts and contracting with other companies.  There is a fine if a public information officer does not do so, but the panel wanted to make it clear that the benefit of this law was that the attendees were citizens and they might wish information themselves one day.
Until 2005, the law and the attitude was more akin to keep everything secret. The need to know basis was that you don't need to know.  Under the new law, one can think of the process in steps to make this law work 1) freedom of information 2) the right of people to information that affects them, 3) the right to access to the information. What Bawa suggested was that the Commission investigate what information is requested and working on making that more widely available.

It now requires pro-active disclosure not simply a method to request information. In that sense it is different from the US law in which it is a request process.  There is no central location for requesting federal agency information.  Additionally, with the increasing reliance on the web and directives from presidents and cabinet officials, the availability of information in the US has never been greater.