The introduction of the Right to Information (RTI) Act, 2005, was a landmark moment in India’s democratic journey. It was envisioned as a tool to empower citizens, enhance transparency, and curb corruption by making the government accountable to the people.
RTI was seen as a mechanism to realize the true essence of Swaraj, where citizens, as the real rulers, could demand information with dignity and respect. However, over the years, various challenges and systematic erosions have significantly weakened its impact, leading to concerns over its effectiveness in strengthening democracy.
Significance of the RTI Act
The RTI Act was heralded as one of the most progressive transparency laws globally. It recognized citizens’ fundamental right to information under Article 19(1)(a) of the Indian Constitution, which guarantees the freedom of speech and expression. The Act aimed to:
- Enhance government accountability.
- Curb corruption and arbitrary decision-making.
- Strengthen participatory democracy by giving citizens access to public records.
- Facilitate better governance by ensuring proactive disclosure of information.
As per Section 2(f) of the RTI Act, information includes any material in any form, such as:
- Records
- Documents
- Memos
- Emails
- Opinions
- Advice
- Press Releases
- Circulars
- Orders
- Logbooks
- Contracts
- Reports
- Data
- Samples
- Material in electronic form
Moreover, this definition extends to information held by private bodies if public authorities can access them under any existing law. In addition, the Central Information Commission clarified that opinions qualify as information only if they are held in material form.
Exempted Organizations Under RTI Act
Section 24 of the RTI Act
Certain intelligence and security organizations are exempted from the provisions of the RTI Act unless cases of corruption or human rights violations are involved.
These organizations are listed in Schedule 2 of the RTI Act and include:
- Central Intelligence Bureau
- Research and Analysis Wing
- Directorate of Enforcement
- National Technical Research Organization
- Central Reserve Police Force
- Border Security Force
- National Security Guard
Data Protection Bill 2023
The Data Protection Bill 2023 introduced a new dimension by exempting personal information entirely from disclosure under the RTI Act. This measure aims to safeguard citizens’ privacy by prioritizing personal data protection
Challenges in Implementation
1. Bureaucratic Resistance and Appointment of Information Commissioners
- The RTI Act established Information Commissions at the central and state levels as final appellate authorities.
- However, most of these positions have been occupied by retired bureaucrats, many of whom see the post as a sinecure rather than a means to empower citizens. There has been little effort to appoint individuals with a proven commitment to transparency.
- The backlog of cases in these commissions has steadily increased, with pendency running over a year in many cases.
2. Delay in Providing Information
- While the RTI Act mandates a 30-day period for responding to information requests, there is no time limit for Information Commissions to resolve appeals.
- This has led to excessive delays, making the right to information more of a right to history, where information loses relevance before it is provided.
3. Weak Enforcement of Penal Provisions
- The Act contains penal provisions for public officials who fail to provide information, yet information commissioners rarely impose penalties.
- This has emboldened public authorities to routinely deny information or delay responses without fear of consequences.
4. Judicial Interpretations Weakening RTI
- Judicial pronouncements have significantly altered the way RTI is applied. The 2011 Supreme Court judgment in CBSE vs Aditya Bandopadhyay marked a shift in approach. The Court argued that indiscriminate RTI requests could burden the administration and disrupt governance. This reasoning has since been used to justify denials of information.
- Another landmark case, Girish Ramchandra Deshpande vs CIC (2012), restricted access to information on public servants, including their service records and assets, by declaring such details as “personal information” under Section 8(1)(j) of the RTI Act. This has been widely used to deny access to information related to corruption and public accountability.
Recent Threats to RTI
- A major blow came with the Digital Personal Data Protection Act, 2023, which amended the RTI Act to exempt personal data from disclosure, further limiting transparency. This change reflects a larger trend of withholding crucial public information under the pretext of privacy concerns.
- Additionally, government delays in appointing Information Commissioners have created severe backlogs, weakening the system. The reluctance to fill vacancies suggests an intentional strategy to curb RTI’s effectiveness.
Way Forward
To restore the RTI Act to its original strength and purpose, the following steps are necessary:
- Appoint Information Commissioners with a Proven Transparency Record: Individuals committed to upholding transparency, rather than retired bureaucrats, should be appointed.
- Set a Time Limit for Appeals: The government must amend the law to ensure timely disposal of cases by Information Commissions.
- Enforce Penal Provisions Strictly: Public authorities who delay or deny information without justification must face strict penalties.
- Revisit Supreme Court Judgments: There needs to be a legal review to correct judicial interpretations that have diluted the RTI Act.
- Strengthen Citizen Awareness and Advocacy: Civil society and media must remain vigilant and push back against attempts to weaken RTI.
The Right to Information Act was a revolutionary step towards participatory democracy, but systemic challenges and institutional resistance have significantly reduced its impact. Citizens must actively defend their fundamental right to information and demand reforms that restore the RTI Act to its full potential. Only then can India truly uphold the principles of transparency, accountability, and good governance, ensuring that democracy remains by and for the people.
