Legislation on Access to Information: The Perspective of Azad Jammu and Kashmir Right to Information Act

Abstract

Information encourages active participation of public in affairs of state. Keeping in view the importance of Right to Information (RTI), the United Nations (UN) has termed it as "touchstone of all the freedoms to which the UN is consecrated". The government introduced 13th Constitutional amendment in 2018 by which RTI was incorporated in Azad Jammu and Kashmir Interim Constitution, 1974. The fact that RTI has been explicitly protected by the constitution can't be undermined however this constitutional provision needs assistance by an ordinary legislation. Because, only an Act can prescribe the scope of right,responsibility of officials, kinds of information to be made available proactively, procedure to be followed to request and the mechanism to grant remedies in case of denial or unsatisfactory response to requested information etc. To resolve the issue of lack of RTI Act in AJK the study shows that there is no legal or constitutional barrier for the enactment of RTI Act, besides it is an immense need in the territory. The study foresees RTI Act as significant mean to bring democratic reforms and to bridge the gap among the individuals and the government.