Introduction

The World Bank defines e-governance as the use of information and communication technologies by government agencies to transform relations with citizens, business world and other arms of the government. Ever since the creation of Ministry of Information Technology in the Union Government, State and union Territories expressed commitment for providing effective, responsive and transparent citizen governance through the use of Information Technology. E-governance is used as a synonym for an Information Technology driven system of governance that works better, costs less and is capable of servicing people’s needs. It is also broadly defined as the use of Information Technology for efficient delivery of Government services to the people, business world and industry. The term e-governance involves the computerization and networking of all government departments and linking each district and taluka, with the State headquarters. The objective of e-governance in India goes beyond mere computerization of government offices. It fundamentally means changing the way the government operates and implies a new set of responsibilities for civil servants, business world and the public. Plans such as online services will give an average citizen access to Government services, with faster responses at more convenient hours. These services include providing information, collecting taxes, granting licenses, administering regulations and paying grants and benefits. The aim of e-governance is to eliminate middlemen and corruption. Once people know that information could not be monopolized, they would demand access to it[1].

Right to Information and E-Governance

The right to impart and receive information is a species of the right to freedom of speech and expression guaranteed by Art.19 (1)(a) of the Constitution. A citizen has a fundamental right to use the best means of imparting and receiving information. The State is not only under an obligation to respect the Fundamental right of the citizens, but also equally under an obligation to ensure conditions under which the right can be meaningfully and effectively be enjoyed by one and all. Freedom of speech and expression is basic to and indivisible from a democratic polity. A true democracy cannot exist unless all citizens have a right to participate in the affairs of the polity of the country. The right to participate in the affairs of the country is meaningless unless the citizens are well informed on all sides of the issues, in respect of which they are called upon to express their views. One sided information, disinformation, misinformation and non-information all equally create an uninformed citizenry which makes democracy a farce when medium of information is monopolized either by a partisan central authority or by private individuals. This is particularly so in a country like ours where about 65% of the population is illiterate and hardly 50% of the population has an access to the print media, which is not subject to pre-censorship. Hence to have a representative central agency to ensure the viewer’s right to be informed adequately and truthfully is a part of the right of the viewers under Art.19 (1)(a). The aim of e-governance is to make the interaction of the citizens with the government offices hassle free and to share information in a free and transparent manner. It further makes the right to information a meaningful reality. In a democracy, people govern themselves and they cannot govern themselves properly unless they are aware of social, political, economic and other issues confronting them. To enable them to make a proper judgment on those issues, they must have the benefit of a range of opinions on those issues. Right to receive and impart information is implicit in free speech. This plurality of opinions, views and ideas is indispensable for enabling them to make an informed judgment on those issues, to know what is their true interest, to make them responsible citizens, to safeguard their rights as also the interests of society and State. All the constitutional courts of leading democracies have recognised and reiterated this aspect. In U.O.I v Association for Democratic Reforms[2] the Supreme Court observed that the citizens of India have a right to know every public act, everything that is done in a public way by the public functionaries. Public education is essential for functioning of the process of popular government and to assist the discovery of truth and strengthening the capacity of an individual in participating in the decision making process. The right to get information in a democracy is recognised all throughout and it is a natural right flowing from the concept of democracy. A reference to Articles 19 (1) and (2) of the International Covenant of Civil and Political Rights can be made in this regard. Moreover, Art.19 (1)(a) of the Constitution of India provides for freedom of speech and expression, which can be restricted only in exceptional circumstances. In P.U.C.L. v U.O.I[3] the Supreme Court specified the grounds on which the government can withhold information relating to various matters, including trade secrets. The Supreme Court observed: “ Every right- legal or moral- carries with it a corresponding objection. It is subject to several exemptions/ exceptions indicated in broad terms. Generally, the exemptions/ exceptions under those laws entitle the Govt to with hold information relating to the following matters:
(1) International relations;
(2) National security (including defiance) and public safety;
(3) Investigation, detection and prevention of crime;
(4) Internal deliberations of the Govt;
(5) Information received in confidence from a source outside the Govt;
(6) Information, which, if disclosed, would violate the privacy of the individual;
(7) Information of an economic nature (including Trade Secrets) which, if disclosed, would confer an unfair advantage on some person or concern, or, subject some person or Govt, to an unfair disadvantage;
(8) Information, which is subject to a claim of legal professional privilege, e.g. communication between a legal adviser and the client; between a physician and the patient;
(9) Information about scientific discoveries”.

Thus, e-governance and right to information are interrelated and are the two sides of the same coin.

For more details, kindly see  http://perry4law.blogspot.com/2005/06/electronic-governance-and-transparency.html.