I for Informed

The General Elections of 2014 is one of the most anticipated events in India. There are 150 million first-time voters in this election. While the idea that ‘the youth is apathetic toward voting’ is changing, the fact remains that India has historically had a low voter turnout. The average voter turnout was 59.7% in the 2009 General Elections. This is comparable to other large democracies: the 2008 Presidential Election of the USA saw a voter turnout of 64%.In smaller countries, such as Belgium and Malta, participation reaches 95%.

Some of the reasons owing to poor voter turnout include the classic ‘how will my vote make a difference?’ syndrome. Around 48.7 million youth voters are now registered to vote. Many young voters obviously believe that their vote can make a difference. But a problem that persists is the lack of information about our candidates and their performance. Voter awareness still remains low.

As part of our efforts to increase voter awareness, here are a few initiatives that provide a good starting point:

PRS Legislative Research provides extensive information on the Parliament’s functioning, bills passed, pending legislation and much more. The MP Track contains a detailed records of Members of Parliament (MPs), including attendance and participation where you can easily search by MP name, state or political party. This comprehensive database classifies MPs into categories like ‘MPs who attend Parliament regularly’, ‘MPs who ask more questions’, ‘MPs who participate regularly in debates’, and ‘MPs who introduce private member bills’.

Myneta.info is an initiative by Association for Democratic Reforms (ADR), which makes all information about candidates’ past and current criminal records, assets, and election expenses available in the public domain. ADR and PRS also released a series of interesting infographics that simplify the data on MPs demographics, and their performance in parliament.

At I for India, we have been generating real-time report cards through the ratings that users like you provide on the quality of government services in your constituency. These ratings are divided into four broad categories: Basic Needs, Growth and Progress, Governance and Administration, and Reputation. Based on these user-ratings, we have report cards for MLAs, MPs, CMs, and the PM.

To contact your MP, you can also download a mobile application called “MP Connect,” run by GrassRoute India, which lets you call, text or email your MP, at the click of a button. Through this app, your MP can also engage with constituents, get their feedback or views and address their concerns.

Last month Youth Ki Awaaz, an online platform for young people to express themselves on important issues, launched the #YouthElect2014 platform, which has several interesting stories related to the election discourse. The platform also constitutes a timeline containing major political happenings and moves which have played a crucial role in shaping Indian politics.

There are many initiatives to bridge the information gap that often makes voters skeptical about engaging with the political discourse. Here’s a simple table:

Name	Go here for:
MP Track	Detailed records of MPs, including attendance and participation
Myneta.info(Association for Democratic Reforms)	Information about candidates’ past and current criminal records, assets, and election expenses
I for India	Real-time report cards on the quality of government services in your constituency
MP Connect(GrassRoute India)	Contacting your MP through call, text and email
#YouthElect2014	Timeline containing major political happenings and moves

As part of I for India’s initiative to increase voter awareness, we are hosting a Twitter Chat “I for Informed” on Wednesday 2 April from 1-2 PM, followed by a social media contest on Parliament Trivia. Join in using #iForIndia, and follow us on Facebook and Twitter for further updates.

 Swati Rao is a Content Writer at I for India.

Know Your Right to Information (RTI): Three Easy Steps to File an RTI

The Right to Information Act (RTI) 2005 came into effect in October, 2005, with the intention to ensure access to information to all citizens and to promote accountability and transparency. 4 million Indian citizens filed RTI applications between 2011 and 2012, according to the Commonwealth Human Rights Initiative (CHRI). This points to the Act’s wide usage. At the same time, there remain several concerns with the Act. While most of us are aware that the RTI Act exists and has immense potential, how many of us are familiar with the process of filing an RTI application?

In this blog, we will simplify the process of filing an RTI application by breaking it down into three easy steps. These are (1) drafting the application, (2) filing the application and (3) paying application fees.

Drafting an RTI application

You can handwrite or type out your RTI application on plain white paper. If you are writing to a central government authority, the body of your application should not be more than 500 words (RTI Rules, 2012). This excludes annexures or attachments you may want to add along with your application. There is no word or page limit for these attachments.

Different states have their own rules on the word limitation. For instance, Maharashtra, West Bengal, and Karnataka have a 150 word limitation. Make sure you check the Rules applicable in your state, if your RTI application is addressed to a state government department.

To determine whether your question concerns a central or state government authority, you can refer to our previous blog which distinguishes between the matters that come under the central versus the state government.

Once you are clear on whether your question is a national or state issue, the next step is to determine which department to address your RTI application to. The information you are looking for may pertain to any of the following bodies:

1. A department of the central government
2. A department of the state government,
3. Panchayati raj institutions,
4. Courts of law,
5. The Parliament,
6. State legislature or
7. Other organizations and institutions, including NGOs that are controlled or substantially financed directly or indirectly by the state or central government.

If you are seeking information regarding illegal and unauthorised structures in your city, the relevant authority to approach would be the “Building & Factory Department” of the concerned Municipal Corporation. If the information you are seeking pertains to construction of roads, the Bus Routes and Roads Department of the concerned Municipal Corporation would need to be approached. Likewise, Water and Sewage Department would be the appropriate authority to go to if you need information on matters of water and drainage. A basic Google search should also help identify which government department your concern falls under.

Your application should be addressed to the Public Information Officer (PIO) of the concerned department. The Act mandates every public authority and department to designate an officer who is responsible for providing information sought under RTI applications.  To find out the details of a particular PIO check the website of the concerned public authority and look for the RTI section. This section will contain not only the name and address of the PIO, but will also give a lot of other information useful for applicants. See the image below, for an example. For state information, visit official portal of the state government and state information commission to find details of the PIO.

In case you have problems locating your PIO, you can address your application to the Head of Department who will forward it to the concerned Public Authority.  You can easily find this information the website of the public authority.

The application should contain your name, address, contact telephone number and email address. Anonymous applications are not permitted. Refer to the image below.

So, now that you’ve sorted out the logistics, the next step is to actually write the RTI: what information are you seeking? The good news is that you do not need to provide any reason for requesting the information. That is the beauty of making ‘access to information’ a right and not a privilege! Section 6(2) of the RTI Act clearly states that the information seeker is not required to either give any reasons for requesting the information or any personal details, except for those required to contact the applicant.

Keep your questions straightforward and omit information that is not directly relevant to the issue. A good RTI application should be drafted in a manner that it is fairly simple for the PIO to fulfill. Complex applications that ask a barrage of questions are more likely to be ignored.

In your application you can request for any of the following:

• Answers to your question/information from the government
• Minutes of a government meeting
• Copies of any government documents.
• Inspection of any government documents.
• Inspection of any government works.
• Samples/materials of any government work.

You should mention the details of any attachments and annexures, the receipt of payment of application fees etc. in the body of your application.

Some authorities like Gas Authority of India Limited, Rural Electrification Corporation, National Informatics Centre, etc. provide RTI application formats on their website. However, these are guiding documents and you do not have to adhere to their formats.

How to Submit an RTI application

Depending on the information sought, the application needs to be filed with the PIO  of the concerned public authority.

Once the application is ready, you can submit is  in person, online or through post. When submitting the application in person ensure that you get your copy of the application and proof of payment duly stamped, signed and dated, either by the PIO or by the inward department. Recently, the central government launched a website which allows people to file applications online. However it only accepts applications to only a few central authorities as of now. The government has also designated Post Offices for accepting RTI applications addressed to certain Public Authorities (PA’s) under central government. At the designated Post Offices the Central Assistant Public Information Officer (CAPIO) is duty bound by law to not only accept your application, but also help you fill it out. Applications addressed to state public authorities, legislatures, courts, etc. are not entertained here.

 RTI application fees

Filing an application with a public authority under the central government will cost you Rs. 10, which you can either pay in cash, through Indian Postal Order or demand draft. Photocopies of documents cost Rs. 2 per page and CDs to save information on are priced at Rs. 50. These vary according to rules formulated by different state governments. Those Below Poverty Line (BPL) are exempt of payment of these fees on attachment of BPL Certificate with their application. It is prudent to ask for a dated receipt of payment of fees when paying in cash.

PIOs are required to reply to the application within 30 days from its date of filing. If you do not receive a reply within this time frame, you can file an appeal with the First Appellate Authority. If you are dissatisfied with this response or do not get a response within 45 days of filing your first appeal, you can file a second appeal within 90 days. This appeal is either with the respective State Information Commission that the public authority belongs, or to the Central Information Commission if your RTI application concerns a central government public authorities.

The process of filing an RTI application is fairly simple once you break down the technicalities into simple steps. We hope these steps will help you to understand the process better, and enable you to participate in a ground-breaking and democratic process.

Swati Rao is a Content Writer at I for India. 

Which Representative Do I Approach?

India has three levels of government: central, state and local. Consequently, we have three layers of elected representatives, making the system complex for citizens to navigate. Even though we may want to engage with our representatives, we are often unsure who to engage with, given the multilayered administrative structure.

In this blog, we will simplify these structures by outlining the roles of the different elected representatives.

Who are the different representatives at each level of government?

In the General Elections, the next of which are just around the corner, we elect our Member of Parliament (MP) to represent our parliamentary constituency in the Lok Sabha. India has 543 parliamentary constituencies in total.

Each parliamentary constituency consists of smaller units of governance, called assembly constituencies. India has 4120 assembly constituencies. So each parliamentary constituency is made up of around seven to eight smaller assemblies, on an average. During our respective State Elections, we elect our Member of Legislative Assembly (MLA) to represent us in the State Legislative Assembly. Union Territories do not have a state assembly, with the exception of Puducherry.

You can find out who your MP or MLA is on our website, by searching for your Parliamentary or Assembly Constituency, respectively.

The third layer of government is at the local level. In urban areas we refer to this institution as the Municipal Corporations, and in rural areas as the Panchayat.  In local government elections, we elect Corporators or a Sarpanch to represent us in the Municipal Corporation or the Panchayat, respectively. A municipality is further divided into territorial constituencies called wards.

What is the role of each representatives?

Now that you are fairly familiar with the different layers of government, let us look at how the roles and responsibilities are divided among them.

MPs and MLAs have four main responsibilities: legislative, oversight, representative, and ‘power of the purse.’ The first is to pass laws, the second is to ensure that the government is performing its duties, the third is to represent the views of their constituents, and the last is to review and approve the budget, and other government expenditures. MPs perform these responsibilities at the central level, while MLAs at the state level.

The Seventh Schedule of the Indian Constitution regulates the issues which the centre and state can legislate upon. The schedule consists of three lists Central, State and Concurrent, the third of which contains issues that are jointly controlled by both levels.

Some issues that fall under the Central List include: Defence, Atomic Energy, Foreign Affairs, Railways, Banking, and the Census.

Matters that come under State jurisdiction include: Police, Public Health and Sanitation, Water, and Agriculture.

The Concurrent List includes items like: Criminal Law and Procedure, Family Law, Education, and Electricity.

For the complete lists, look here.

These lists give us a good idea of issues for which our MPs and MLAs are responsible. They also show us that our system is more centralised in nature, since the more heavyweight issues remain under the mandate of the central government.

Most issues that citizens face on a daily basis fall under the jurisdiction of their municipal corporation. The Twelfth Schedule of our Constitution provides a comprehensive list of these issues. These include Urban Planning, Construction of Buildings, Roads and Bridges, Public Health, Water Supply, Sanitation and Solid Waste Management, Fire Services, and Public Amenities including Street Lighting, Parking Lots and Bus Stops.

You may notice an overlap between the ‘State List’ under the Seventh Schedule and the Twelfth Schedule, which lists out your Corporator’s responsibilities. For such cases, it is important to understand the capacity in which an MLA and a Corporator operate.

MLAs, like MPs, are more concerned with policy formulation and maintaining oversight of the government. Their work is less hands-on as compared to that of a Corporator’s.

For instance, if your issue is related to sanitation, which is in the State list and the Twelfth Schedule, take a look at the nature of the problem. If it is at a more policy level, such as the government’s annual expenditure on sanitation, your MLA is the right person to approach.

On the other hand, if your concern is related to more operational issues, such as the maintenance of public toilets or the need to repair a specific sewerage connection, then your Corporator is the appropriate representative to contact.  

According to a Ted Talk by MR Madhavan, of PRS Legislative Research, ‘Most of the requests that MPs get from their constituents are about local issues, that do not come under their jurisdiction.’ 

While we often complain about how representatives do not adequately address our concerns, we rarely ask whether we are approaching the right representative for the correct issues.

We hope that this blog gives you a better understanding of which representative to approach in the future!

[Visuals in this blog were used from Ask How India’s analysis called ‘Who Will Solve My Problem?’. Ask How India is a campaign to improve the quality of public debate in India.]

Saanya Gulati is Research and Outreach Manager at I for India.