Syllabus
GS Paper 4 – Information sharing and transparency in government, Right to Information
Context
20 years of Right to Information (RTI) Act, 2005
Source
The Hindu| Editorial dated 14th October 2024
Scuttling people’s right to information
The Right to Information (RTI) Act, 2005 , has played a transformative role in empowering Indian citizens by promoting transparency and accountability in governance. It has exposed corruption, highlighted irregularities, and enabled citizens to access information about government functions.
However, in its 20th year, the RTI Act is facing significant challenges due to systemic hurdles and deliberate undermining, which threaten to dilute its impact and effectiveness.
Significance of RTI Act 2005
- Informed Citizenry: Central to democracy, the right allows citizens to question government policies.
- Accountability: Access to government information ensures accountability for its actions.
- Good Governance: RTI acts as a gauge for a country’s growth, empowering citizens and exposing corruption.
- Public Participation: Government information encourages citizen participation in democracy.
- Transparency: Fosters openness, building public trust and confidence.
- Fundamental Right: Recognized by the Supreme Court, the right to information is a fundamental right under Article 19(1)(a).
Regressive Amendments to the RTI Act
- 2019 Amendments:
- In 2019, the Central government introduced amendments that weakened the autonomy of information commissions by giving the government control over their tenure, salaries, and pensions.
- This undermined the independence of these commissions, making them more susceptible to political influence.
- DPDP Act, 2023:
- The Digital Personal Data Protection (DPDP) Act further weakened the RTI Act by amending section 8(1)(j) to exempt all personal information from disclosure, limiting citizens’ access to information.
- Additionally, a key provision granting citizens the right to information on par with MPs and MLAs was removed.
- Impact on Privacy:
- The original RTI Act provided certain safeguards for personal privacy.
- However, the 2023 amendments expanded the scope of exemptions, allowing authorities to deny access to personal information even if it had a public interest dimension.
Major Issues with RTI
Vacant Posts and Functionality of Information Commissions
- Lack of Appointments:
- Governments have failed to appoint information commissioners in a timely manner, resulting in non-functional commissions.
- For instance, the Jharkhand Information Commission has been defunct for over four years, while those in Tripura and Telangana have been inactive for multiple years.
- Commission Backlogs:
- Many commissions are grappling with massive backlogs due to inadequate staffing.
- The Maharashtra commission, with over 1 lakh pending appeals and complaints, has no head, and six out of its 11 commissioner positions are vacant.
- Legal Interventions:
- Since 2015, the Central government has not appointed a single information commissioner without citizens having to seek legal recourse.
- Despite Supreme Court orders, eight out of 11 positions remain vacant in the Central Information Commission.
Threats to RTI Activists and Lack of Whistleblower Protection
- Targeting of Activists:
- According to Transparency International India, nearly 100 people have been killed for exercising their rights under the RTI Act, and thousands more have faced threats, assaults, and false legal cases.
- Whistleblower Protection:
- Although the Whistleblowers Protection Act was passed in 2014, it has not been operationalized as the government has failed to establish the necessary rules, leaving RTI activists vulnerable.
- High-Risk Use:
- Despite the risks, around 6 million RTI applications are filed annually.
- These applications have helped expose critical issues, but the lack of protection for activists continues to be a major concern.
Impact of Delayed Appeals
- Long Wait Times:
- The delay in appointments has led to a massive backlog of over 4 lakh appeals and complaints across India.
- In 14 commissions, it takes more than a year to resolve an appeal or complaint.
- For example, new appeals in Chhattisgarh or Bihar are expected to be resolved only by 2029.
- Supreme Court’s Concern:
- The Supreme Court has raised concerns over the vacancies in information commissions, noting that the RTI Act is at risk of becoming a “dead letter” due to delays in filling key posts.
- Failure to Impose Penalties:
- Despite clear violations of the RTI Act, penalties are not imposed in 95% of cases where they are warranted, contributing to a culture of impunity among public officials and undermining the effectiveness of the law.
Way Forward for Strengthening the RTI Act
- Filling Vacancies in Information Commissions:
- Expedite the appointment process for information commissioners to ensure fully functional commissions. This will help clear backlogs and reduce delays in disposing of appeals and complaints.
- Ensure appointments are made based on merit, not political patronage, to maintain independence.
- Strengthening Penalty Provisions:
- Enforce stricter penalties on public officials who fail to comply with RTI provisions. This will deter non-compliance and promote accountability.
- Regular audits of the commission’s functioning to assess enforcement of penalties.
- Restoring Autonomy of Information Commissions:
- Amend the RTI Act to ensure that the tenure, salaries, and post-retirement benefits of information commissioners are not under the control of the government, safeguarding their independence.
- Revise the DPDP Act to balance privacy protection with the need for public interest disclosures.
- Protecting RTI Activists and Whistleblowers:
- Implement the Whistleblower Protection Act to provide safety and support for RTI users and whistleblowers, minimizing risks like threats, assaults, and false cases.
- Set up fast-track grievance redressal mechanisms to address the concerns of RTI activists under threat.
- Enhancing Public Awareness and Transparency:
- Increase public awareness of the RTI Act’s benefits through campaigns and education, encouraging more citizens to exercise their rights.
- Promote digitization of government records to facilitate faster responses and transparency.
Conclusion
The RTI Act has proven to be a powerful tool for citizens to hold the government accountable and challenge corruption. However, systemic delays, regressive amendments, and threats to activists are eroding the effectiveness of this vital legislation. The failure to appoint information commissioners, impose penalties, and protect whistleblowers jeopardizes the RTI Act’s core objective of promoting transparency. As the law enters its 20th year, preserving the integrity of this fundamental right is essential to safeguard democracy in India.
Related PYQ
“The Right to Information Act is not all about citizens’ empowerment alone, it essentially redefines the concept of accountability.” Discuss? [ UPSC Civil Services Exam – Mains 2017]
Practice Question
The Right to Information (RTI) Act, 2005, has been a cornerstone of democratic governance in India, yet its effectiveness is being undermined by systemic issues. Discuss the challenges faced by the RTI Act and suggest measures to ensure its robust implementation? [150 words]
Guidelines to Answer
- Introduction:
- Start by briefly introducing the RTI Act and its significance in empowering citizens and promoting government transparency.
- Body
- Mention the broad challenges it faces today to set the context.
- Suggest fast-tracking appointments and clearing backlogs.
- Propose legal amendments to protect the independence of information commissions.
- Conclusion
- End by emphasizing the need to strengthen the RTI Act to uphold democratic values and enhance governance transparency.