By: Waqas Qamar Bhatti
The Right to Information (RTI) is recognized as a fundamental aspect of democratic governance in Pakistan. Enshrined in the Constitution under Article 19-A, this right grants citizens access to information held by public authorities, aiming to promote transparency, accountability, and participation in government processes. Operationalized through laws such as the Punjab Transparency and Right to Information Act 2013, the RTI serves as a critical tool for ensuring good governance.
Constitutional Basis: Article 19-A
The foundation for RTI in Pakistan was laid through Article 19-A of the Constitution, introduced by the 18th Amendment in 2010. Article 19-A states: “Every citizen shall have the right to have access to information in all matters of public importance, subject to regulation and reasonable restrictions imposed by law.” This constitutional provision marked a significant step toward enhancing transparency and accountability by allowing citizens to access information on public matters.
However, the right comes with certain limitations. Information related to national security, privacy, or public interest is subject to restrictions, reflecting the balance between transparency and protecting sensitive information.
Punjab Transparency and Right to Information Act 2013:
The Punjab Transparency and Right to Information Act 2013 is a pivotal piece of legislation aimed at increasing transparency and accountability in the province of Punjab. It provides a legal framework for citizens to access information from public institutions and encourages openness in government operations.
Objectives of the Act:
Promoting Transparency: The Act seeks to ensure that citizens can access information about public policies and decisions, increasing openness in governance.
Ensuring Accountability: By providing access to information, the Act strengthens accountability within public institutions, helping to reduce corruption.
Fostering Public Participation: It empowers citizens with the information needed to actively participate in governmental decision-making processes.
Key Provisions:
Right to Access Information: Citizens are granted the right to access information held by public institutions, including policies, decisions, and other public matters.
Proactive Disclosure: Public institutions are required to proactively disclose certain types of information, ensuring transparency without the need for formal requests.
Timeframe for Providing Information: Institutions must respond to information requests within 14 days, with a reduced period of 48 hours for urgent cases.
Public Information Officers (PIOs): Each public institution designates a PIO responsible for handling requests for information.
Exemptions: Information related to national security, personal privacy, or other sensitive matters may be exempt from disclosure.
Challenges in Implementation:
While the RTI is a critical tool for promoting transparency, its effective implementation faces several obstacles:
Lack of Awareness: Many citizens remain unaware of their right to access information, limiting the potential impact of the law.
Bureaucratic Resistance: Public institutions are sometimes hesitant to disclose information, leading to delays and a lack of cooperation.
Resource Constraints: A shortage of resources and trained personnel in public institutions can slow down the process of providing information.
Broad Scope of Exemptions: In some cases, the exemptions provided
