Recent Right to Information Amendments

Recently, The Department of Personnel and Training, Government of India, has introduced a new requirement mandating the entry of a one-time password (OTP) received via email on the Right to Information (RTI) portal, making it more difficult to check the status of RTI queries. Along with other amendments in the recent past, there has been a debate on the effectiveness of RTI.

The Right to Information (RTI) Act, once celebrated as a groundbreaking tool for transparency and accountability in governance, has gradually lost its effectiveness due to persistent resistance from those in authority. Although it remains one of the world's most robust transparency laws, its implementation has been weakened by Information Commissions filled with retired bureaucrats, delays in appointments, and a growing backlog of cases. The latest blow comes from the Digital Personal Data Protection Act, which, according to critics, is turning RTI into a "Right to Deny Information".

Judicial Recognition of Right to Information (1975-1989)

• 1975: Supreme Court recognized the Right to Know as part of fundamental rights.
• 1982: Expanded interpretation under Article 19(1)(a) & Article 21, linking RTI to freedom of speech and the right to life.
• 1985: NGOs demanded access to environmental information after the Bhopal Gas Tragedy.

Grassroots Movements and Early Drafts (1990-1999)

• 1990s: Movements like Mazdoor Kisan Shakti Sangathan (MKSS) in Rajasthan exposed corruption in wage payments through Jan Sunwai (public hearings).
• 1996: Formation of the National Campaign for People's Right to Information (NCPRI), which drafted an RTI Bill with the Press Council of India.
• 1997: Government referred the draft to the H.D. Shourie Committee, which later submitted its recommendations.

Legislative Attempts and Early State RTI Laws (2000-2004)

• 2000: Parliamentary Standing Committee reviewed the RTI draft; Rajasthan, Maharashtra, Goa, Tamil Nadu, Delhi, and Karnataka passed State RTI laws.
• 2002: Parliament passed the Freedom of Information Act, but it was never notified.
• 2003: The Supreme Court pressured the government to implement RTI-based governance reforms.
• 2004: The UPA government’s Common Minimum Programme promised a stronger RTI law.

Passage of the RTI Act (2004-2005)

• 2004: NCPRI submitted amendments to the National Advisory Council (NAC).
• December 2004: Government introduced a limited RTI Bill covering only the Central Government, leading to protests.
• 2005: After lobbying, Parliament passed a comprehensive RTI Act covering both Central and State Governments.
• The right to information act came into force on October 12, 2005, with Shahid Raza Burney’s RTI application in Pune being the first filed under the law.

Strengthening Democracy and Citizen Empowerment

• RTI enables citizens to access government records, policies, and decisions, ensuring accountability.
• It strengthens participatory democracy by allowing people to question authorities and demand better governance.
• Acts as a tool for social audit, helping marginalized communities assert their rights. For example: RTI applications played a key role in questioning irregularities in the electoral bond scheme.
• The Supreme Court held that the Electoral Bond Scheme was unconstitutional for violating the right to information of voters.

Fighting Corruption and Promoting Good Governance

• RTI helps uncover corruption, bureaucratic inefficiency, and policy failures, making public officials more accountable.
• Reduces secrecy in governance, ensuring that government contracts, fund allocations, and decision-making processes are subject to scrutiny.
• Example: The Adarsh Housing Scam (2010) was exposed when an RTI query revealed how flats meant for war veterans and their families were illegally allotted to politicians and bureaucrats.

Ensuring Transparency in Public Welfare Schemes

• RTI helps track the implementation and fund utilization of government schemes, preventing leakages and inefficiency.
• Citizens can demand attendance records, expenditure details, and beneficiary lists to ensure public funds reach the intended recipients.
• Example: Recent RTI queries exposed irregularities in West Bengal's MGNREGA scheme, revealing fake work records, outdated job cards, and a flawed tendering process.

Upholding Fundamental Rights and Social Justice

• RTI is linked to Article 21 (Right to Life) and Article 19(1)(a) (Freedom of Speech and Expression), as access to information is essential for informed decision-making.
• Serves as a crucial tool for human rights activists, journalists, and marginalized groups to fight discrimination and injustice.
• Example: In Bilaspur, Chhattisgarh (2008-09), RTI findings exposed the misuse of BPL ration cards, depriving genuine beneficiaries of their entitled grains, forcing the government to rectify the issue.

Empowering Media and Whistleblowers

• RTI serves as a powerful investigative tool for journalists, activists, and whistleblowers, enabling them to access official records and expose wrongdoing.
• Strengthens investigative journalism by making government contracts, judicial proceedings, and administrative decisions more accessible.
• Example: The coal allocation scam ("Coalgate") was unearthed through RTI, leading to the cancellation of illegal coal block allocations.

Vacancy and Backlog in Information Commissions

• The efficiency of RTI is crippled by the high number of vacancies in Central and State Information Commissions, leading to delays in appeals and complaints.
• Without adequate commissioners, cases remain unresolved for years, reducing RTI’s effectiveness.
• As of June 2024, over 4 lakh appeals and complaints were pending across 29 information commissions.
• As of October 2024, 4 State Information Commissions remain defunct due to the absence of commissioners, while the Central Information Commission operates with only 3 out of 11 sanctioned members, according to a Satark Nagrik Sangathan report.

Dilution through Legislative Amendments

• Recent amendments have undermined the independence of the Information Commissions, making them susceptible to government influence.
• The RTI (Amendment) Act, 2019, gave the central government power to determine the tenure and salaries of Information Commissioners, reducing their autonomy.
• The DPDP Act, 2023, amended Section 8(1) of RTI, exempting all personal information from disclosure, even if it concerns public officials.

Bureaucratic Resistance and Non-Compliance

• Many public officials deliberately delay or deny information, fearing exposure of inefficiencies and corruption.
• Some institutions even refuse to appoint Public Information Officers (PIOs), making it difficult for citizens to access information.
• Political parties have also defied RTI, limiting scrutiny of their funding and internal workings.
• In 2023-24, nearly 42% of RTI appeals to the Central Information Commission (CIC) were returned without hearing.

Expansion of Exemptions and Secrecy Laws

• Several government bodies remain outside the purview of RTI due to broad exemptions.
• Government departments often deny information under RTI, citing national security concerns under the Official Secrets Act, 1923.
• 27 security agencies, including RAW, IB, and CERT-In, are exempt under the Second Schedule of the RTI Act.

Inordinate Delays in Information Disclosure

• The RTI Act mandates a response within 30 days (or 48 hours in life and liberty cases), but authorities often violate these deadlines.
• This delays justice, especially in cases involving human rights violations, environmental clearances, and corruption inquiries.
• The lack of stringent penalties for such delays encourages lethargy among officials.
• A 2022 report stated that 12 of 29 information commissions in India have a waiting time of over a year to hear an appeal on wrongful denial of information or complaint.

Threats to RTI Activists and Whistleblowers

• RTI activists face serious threats, including harassment and violence, discouraging citizens from exposing corruption.
• Many activists have been attacked or killed for seeking sensitive information, yet protection mechanisms remain weak.
• The Whistleblower Protection Act, 2014, meant to safeguard informants, has not been effectively implemented.
• According to the Commonwealth Human Rights Initiative (CHRI), across India, 99 RTI activists have lost their lives and 180 have been assaulted since 2006.

Skewed Gender Representation in RTI Institutions

• The lack of gender diversity in Information Commissions limits the perspective on issues affecting women.
• Since its inception, the RTI framework has been dominated by male officials, failing to ensure gender-sensitive governance.
• This weakens the representation of women's concerns in transparency mechanisms.
• Since the passage of the Right to Information Act in 2005, merely 9% of all information commissioners across the country have been women.
• 12 out of 29 information commissions have not had a single woman commissioner since their inception.

Lack of Awareness Among Citizens

• Many citizens, especially in rural areas, remain unaware of their RTI rights, leading to its underutilization.
• Government efforts to promote RTI awareness through campaigns and education remain inadequate.
• Without knowledge of the process, marginalized communities struggle to demand accountability.
• According to a PWC study, only 12% of the rural population and 30% of the urban population were aware of the RTI Act.

Misuse of the Right to Information (RTI) Act

• The RTI Act is a vital tool for transparency, but its misuse for frivolous or non-serious queries burdens public offices and diverts resources from critical governance matters.
• Some individuals file RTIs to harass officials or settle personal disputes, undermining the Act’s original intent.
• For instance, an RTI was once filed to count the number of cattle in a region, highlighting how irrelevant queries can strain administrative efficiency.
• Such misuse weakens the effectiveness of the RTI Act and hampers its role in ensuring accountability.

Filling Vacancies and Clearing Pending Cases

• Appointing Information Commissioners at both Central and State levels without delays is essential to resolving backlog issues.
• Setting a fixed recruitment timeline and adopting an independent selection process can help minimize political interference.
• Introducing fast-track procedures and additional benches can accelerate case resolution.
• Implementing AI-driven systems can help prioritize urgent cases and speed up hearings.
• Conducting regular audits of Information Commissions can ensure they function efficiently.

Restoring Autonomy of Information Commissions

• Enhancing financial and administrative independence of Information Commissions can prevent government influence.
• The selection process should involve parliamentary oversight instead of being controlled solely by the executive branch.
• Regular judicial reviews by the Supreme Court and High Courts can reinforce the commissions’ independence.

Enhancing Proactive Disclosure (Section 4 of RTI Act)

• Government bodies should be required to publish key information online to reduce the need for RTI requests.
• Websites must be updated regularly with details of budgets, tenders, contracts, and decision-making processes.
• Creating Open Data Portals can provide real-time access to non-sensitive government information.
• Conducting social audits and third-party evaluations can improve transparency in government schemes and programs.

Reducing Bureaucratic Resistance and Strengthening Compliance

• Officials delaying or denying information without valid reasons should face strict penalties.
• Establishing a ranking system for ministries and departments based on RTI compliance can promote transparency.
• Public Information Officers (PIOs) should receive annual training to improve efficiency and awareness.

Protecting RTI Activists and Whistleblowers

• The Whistleblower Protection Act, 2014, should be fully enforced with provisions for anonymous complaints and urgent protection measures.
• Fast-track courts should handle cases involving threats or attacks on RTI activists with strict legal action.
• Helplines and dedicated support cells should be set up at district levels for RTI activists.
• Collaboration between the government and civil society can help establish legal aid funds for activists facing threats.

Improving Gender Representation in Information Commissions

• A minimum quota should be introduced to ensure more women are appointed as Information Commissioners.
• Recruitment policies should actively encourage women to apply for PIO and commissioner roles.
• RTI awareness and training programs should specifically target women’s organizations and self-help groups.
• Initiatives focusing on transparency in women-centric sectors such as healthcare, social welfare, and rural development should be promoted.

Increasing Awareness and Digital Accessibility

• RTI education should be incorporated into school and college curricula to build awareness from a young age.
• Nationwide RTI awareness campaigns should be conducted through digital platforms, community radio, and local governance bodies.
• Filing RTI applications should be made easier by providing regional language support and mobile-friendly platforms.
• Local self-government bodies, such as Gram Panchayats, should hold RTI awareness programs to boost rural participation.

Reforming Overlapping Laws like the Official Secrets Act, 1923

• The Official Secrets Act (OSA), 1923, should be revised to align with RTI principles and reduce unnecessary secrecy.
• Government decision-making should be made more transparent, especially for matters unrelated to national security.
• Periodic reviews of the Second Schedule of the RTI Act, which exempts 27 security agencies, should be conducted to ensure non-sensitive information is made public.

Utilizing Technology for Better RTI Implementation

• AI-powered chatbots and automated RTI assistants can help citizens draft better applications.
• Blockchain-based systems can ensure secure record-keeping and prevent data manipulation.
• RTI portals should integrate with DigiLocker for easy access to publicly available documents.
• A real-time tracking system should be introduced, allowing applicants to monitor the status of their RTI requests.

Read This Article Here: AI in Governance

To make the Right to Information more effective, India must focus on timely appointments, improve digital transparency, and safeguard whistleblowers. Strengthening proactive disclosures and using AI for case management can help reduce delays and enhance governance. A robust RTI framework will strengthen democracy by ensuring accountability and public trust. Revitalizing RTI is essential for fostering participatory governance and upholding transparency.

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