RIGHT TO INFORMATION AS A TOOL FOR GOOD GOVERNANCE

 In a democratic society, access to information is not merely a privilege—it is a fundamental right. The ability of citizens to know how public institutions are functioning, how public funds are being spent, and how decisions are made is crucial for meaningful participation in governance. Following the insertion of Article 19-A (Right to Information) as a result of the 18^th constitutional amendment in 2010, the Government of Khyber Pakhtunkhwa enacted the Right to Information Act in 2013. This legislation marked a significant shift toward transparent governance and has since become a vital tool for empowering citizens and holding the government accountable.

Historically, public sector institutions in Pakistan have operated with limited transparency. Citizens were often kept in the dark regarding budget allocations, development projects, recruitment procedures, and service delivery. This lack of openness bred corruption, inefficiency, and mistrust between the state and the people. The KP Right to Information Act 2013 emerged from a growing awareness of the need for transparency in governance. It was part of the broader good governance agenda promoted by provincial reforms. By granting citizens the right to access information held by public bodies, the law aimed to promote transparency and accountability in government affairs, empower citizens to make informed decisions, encourage citizen participation in governance, and curb corruption and administrative abuse.

The KP RTI Act 2013 applies to all public bodies, including provincial government departments, district-level administrations, educational and health institutions funded by the government, local government institutions, and non-governmental organizations (NGOs) receiving public funds. Under the law, any Pakistani citizen can request information from these bodies, regardless of their profession, social status, or intent. The law defines “information” broadly to include records, documents, memos, emails, opinions, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, and data held in electronic form.

To facilitate the implementation of the Act, each public body is required to appoint a Public Information Officer (PIO). The PIO is responsible for receiving, processing, and responding to information requests. Any citizen can submit a written request to the relevant PIO. The application can be submitted in English or Urdu, and in case the applicant is illiterate, oral requests are also entertained by the PIO who must assist in drafting them. The PIO is required to respond within 10 working days. If the information is complex or requires consultations, this period may be extended to 20 working days, but the applicant must be informed in writing. If the PIO refuses to provide information or the applicant is dissatisfied with the response, the applicant can file an appeal with the Khyber Pakhtunkhwa Information Commission, an independent body established under the Act. If a PIO deliberately delays or denies access to information without valid reasons, the Commission can impose a fine of up to Rs. 25,000 and recommend disciplinary action.

While the law promotes openness, it also recognizes that certain information must be protected for legitimate reasons. The Act specifies several categories of exempt information, including national security and defense matters, information that may endanger life or safety of any person, trade secrets and intellectual property, cabinet papers prior to decisions being taken, and personal information that would cause an unwarranted invasion of privacy. Importantly, the law includes a public interest override clause. Even exempt information may be disclosed if the public interest in disclosure outweighs the harm caused by disclosure.

The KP RTI Act has empowered ordinary citizens, journalists, civil society activists, and lawyers to access crucial information that was previously hidden behind bureaucratic curtains. Citizens have accessed service delivery data from health or education departments, journalists have investigated financial irregularities in public procurement, and activists have monitored the implementation of public development schemes. Job seekers have also used the Act to verify recruitment processes in government departments. It has helped whistleblowers raise concerns over misuse of public funds or maladministration, strengthening internal accountability mechanisms.

The Khyber Pakhtunkhwa Information Commission plays a central role in the enforcement of the RTI Act. It is tasked with hearing and deciding appeals against public bodies, imposing penalties and recommending corrective actions, training public officials and building awareness about RTI, and publishing annual reports on the implementation of the Act. The Commission is also mandated to monitor compliance across departments and provide guidance to both citizens and PIOs.

Despite its progressive nature, the KP RTI Act faces several challenges in implementation. Many citizens remain unaware of their right to information and how to exercise it. There is a need for widespread education campaigns in schools, colleges, and local communities. Some public bodies have not appointed PIOs or lack trained personnel to handle RTI requests. In some cases, officials view RTI as a threat rather than a reform tool. They may delay responses or discourage applicants. Digitization of records remains slow, making it difficult for departments to retrieve and share information efficiently.

Despite hurdles, the RTI Act has made tangible impacts. There are instances where citizens, using RTI, uncovered ghost schools and absentee teachers, exposed nepotism in job appointments, brought attention to delayed infrastructure projects, and recovered embezzled public funds through investigative follow-ups. Such outcomes not only enhance accountability but also build public trust in democratic processes.

The Right to Information is a cornerstone of democratic governance. The KP Right to Information Act 2013 has opened doors for transparency and citizen empowerment in ways previously unimagined. While implementation challenges persist, the law remains a powerful instrument in the hands of the people to demand answers, ensure justice, and participate in shaping public policy. For the promise of RTI to be fully realized, the government must invest in awareness campaigns, build administrative capacities, digitize public records, and strengthen the autonomy of the Information Commission. At the same time, citizens must actively engage, demand transparency, and use this right as a tool for change.

As someone rightly said, “Information is the currency of democracy.” And with the Right to Information Act in hand, the citizens of Khyber Pakhtunkhwa now have the currency to hold power to account.