Right to Information act

Published on 29 Jan 2025

RIGHT TO INFORMATION ACT, 2005 (RTI)

It’s a legal right that individuals have to access information held by public authorities and government bodies. Right enables citizen to request and receive information from governmental organizations, promoting transparency, accountability and good governance. It is a part of fundamental rights under Article 19(1) of the constitution. Act is a big step towards making the citizens informed about the activities of the Government.

Importance of RTI

• Transparency and Accountability: RTI fosters transparency, enabling citizens to access government information and holds officials accountable for actions.

• Example: Adarsh Society Scam- A six-story building for the widows of Kargil war heroes turned into a 31-story high-rise called Adarsh Housing Society.

• Governance and Policy making

• Democratic Governance: RTI empowers citizens in democracy, providing essential information for informed decisions, fostering public engagement and discourse.

• Example: Satyam Scandal- exposed corruption and malpractices. Demonstrated the benefit of RTI in democratic governance.

• Promotion of Good Governance: It ensures decision making processes are transparent, participatory and accountable. Access to information is a key element in building and sustaining good governance practices.

• Example: MGNREGA implementation in India- RTI ensures transparency, accountability & citizen participation- promotes good governance.

• Improved Decision making: RTI allows policymakers, researchers and public to access data and information necessary for informed decision making.

• Example: RTI in local projects enhances citizen participation, transparency, accountability, and improves decision-making by revealing fund utilization.

• Prevention of Corruption: RTI empowers citizens to scrutinize government actions, deter corruption, and build a more accountable system.

• Example: In Maharashtra PWD scam, RTI exposed inflated bills, curbing corruption by shedding light on malpractices.

• Ethical and Social aspect

• Empowerment of Citizen: RTI empowers citizens to seek government information, fostering ownership and active participation in the democratic process.

• Example: NREGA Watch uses RTI to obtain grassroots information, empowering members for active participation in governance and monitoring.

• Efficient Public Services: RTI ensures government accountability, enabling citizens to hold officials responsible for delivering efficient and promised services.

• Example: RTI applications, information on PDS functioning ensuring transparency.

• Human Rights Protection: RTI safeguards expression and information rights, protecting human rights, and fostering openness, accountability, and transparency culture.

• Example: In the 2007 PDS Scam in Assam, RTI crucial in exposing corruption, human rights abuses, and obtaining information about PDS activities.

• Enhanced Public Trust: It fosters a sense of openness and trust, strengthening the relationship between the government and the governed.

• Example: RTI enhanced public trust in Delhi Jal Board governance by disclosing information, raising awareness, and prompting corrective reforms.

• Social and Economic development: Informed citizens and organisations can better engage with government policies and programs, leading to more effective development outcomes.

• Example: RTI Act being used to address issues related to the implementation of welfare schemes- RTI filed reveals misuse of Nirbhaya funds in Chandigarh.

Issues with RTI

• Delays in Response: Delay in responding to RTI requests and agencies taking extended periods to respond impacting the effectiveness of the process.

• Example: Activist Nayak filed RTI for SC judges' assets, faced delays, appealed for quicker response through higher authorities.

• Lack of Awareness: Lack of awareness about how to file requests or the types of information that can be accessed hinders the potential impact of the legislation.

• Example: SNS and CES survey (2019) unveiled poor RTI awareness in Delhi slums, affecting marginalized communities' understanding.

• Intimidation or retaliation: RTI users may face intimidation, especially when seeking information exposing corruption or wrongdoing, risking retaliation.

• Example: RTI activist Satish Shetty, who exposed land deal irregularities, was murdered in Maharashtra in 2019.

• Incomplete or Inaccurate information: Incomplete or inaccurate RTI responses undermine transparency, hindering citizens' ability to make informed decisions.

• Example: RTI activist Nayak sought demonetization information, received heavily edited response from RBI citing national security concerns.

• Exemptions and restricted information: RTI exemptions, like national security or privacy, can limit public access if broadly interpreted, restricting information

• Example: In 2017, CIC upheld RBI's decision to withhold bank inspection reports citing economic interests and fiduciary relations.

• Overburdened information commissions: High appeals and complaints burden information commissions, causing delays in addressing grievances and appeals effectively.

• Example: In 2018, CIC reported a backlog due to a surge in complaints, exceeding the commission's capacity.

• Inadequate protection for Whistleblowers: Whistleblowers who expose corruption or misconduct through RTI requests may not receive adequate protection.

• Example: Engineer Satyendra Dubey exposed highway construction corruption but faced retaliation, revealing his identity, and was murdered in 2003.

Amendments done in the RTI Act

• Term: Central government will notify tenure of CIC (section 13).

• Salary and Perks: Salaries, allowances, condition of service of Central and state CIC and ICs will be determined by the central government.

• Appointment: Central government holds the powers regarding appointment.

Effect of amendment done in RTI Act

• Positive

• Dichotomy avoided: CIC had status of supreme court judge but judgements can be challenged in high court, this has been avoided.

• More control to government: Amendment gives better control over the statutory body.

• Constitutional vs Statutory comparison:  Statutory body (CIC and ICs) cannot be compared with constitutional body (CEC and ECs).

• Negative

• Separation of powers doctrine: Interference of executive in the functioning of information commissions, affects doctrine of separation of powers.

• Federalism at stake: No role to state government affects principles of federalism, Centralisation tendency.

• Transparency and accountability: Tenure and appointment decided by central government alone.

• Against democratic value: No role for opposition in appointment.

Way forward

• Raise Public Awareness: Conduct public awareness campaign to educate citizens about their rights under RTI act.

• Training for government officials: Train on RTI principles, reduce delays, enhance response quality, ensure officials grasp transparency and accountability importance.

• Streamline RTI processes: Simplify and streamline the process for submitting and processing RTI requests.

• Example: online submission platforms, user friendly interface and clear guidelines provided by the website.

• Reduce Response Time: Set clear timelines for responding to RTI requests and establish mechanisms to ensure timely responses.

• Protect Whistleblowers: Strengthen legal provisions and mechanisms to protect whistleblowers who expose corruption or misconduct through RTI requests.

• Example: Whistleblowers protection act 2014

• Address technological barriers: Ensure technological barriers do not hinder access to RTI.

• Example: Develop alternate methods for submitting requests, in-person submissions or toll-free helplines to accommodate individuals with limited access to technology.

• Enhance Oversight: Allocate sufficient resources, including staff and budget, for information commissions to handle appeals, adjudicate disputes, and monitor compliance.

• Encourage Proactive disclosure: Encourage proactive disclosure in government, voluntarily releasing information without waiting for RTI requests.

• Example: Rajasthan's Jan Soochana portal, launched in 2019, empowers the public with information about government authorities and departments.

• Facilitate appeals and complaints: Simplify the process of filing appeals and complaints and ensure it is accessible to public and that information commissions have resources.

• 2nd ARC recommendations: Amend Indian Evidence Act Section 123. CIC to establish 4 regional offices, appointing 50% non-civil service.

Tags:
Polity

Keywords:
Transparency Accountability RTI act Good governance

Syllabus:
General Studies Paper 2

Topics:
Governance and Transparency