"The Right to Information is a beacon of light that exposes the murky waters of governance."  - Aruna Roy, Social Activist

 

The Right to Information (RTI) Act, 2005, is a landmark legislation in India that empowers citizens to access information from public authorities. This Act has been pivotal in promoting transparency and accountability within the government. By enabling citizens to request information from any public authority, RTI serves as a tool to ensure that governmental actions are open to public scrutiny.

For UPSC aspirants, understanding the RTI Act is essential as it is a significant topic in the syllabus of Indian polity and governance. This article delves into the key aspects of the RTI Act, its importance, effectiveness, landmark cases, challenges, recent developments, and organizational structure.

 

Constitutional Basis and Legislative Framework

 

The RTI Act derives its authority from the fundamental right to freedom of speech and expression enshrined in Article 19(1)(a) of the Indian Constitution. Additionally, the Act is a realization of the right to information, an implicit part of the right to life and personal liberty under Article 21. The RTI Act, enacted in 2005, replaced the erstwhile Freedom of Information Act, 2002.

NOTE

In S.P. Gupta v. Union of India (1981), also known as the judges transfer case, the Supreme Court followed its earlier decision pronounced in the State of Uttar Pradesh v. Raj Narain case(1975). It stated that the citizens have the right to know what their government is doing and how it is functioning as a representative head of the people and hence provided the right to information with the status of a fundamental right.

Apart from this, the Supreme Court in Reliance Petrochemicals Ltd. v. Indian Express Newspapers Bombay Pvt. Ltd. (1988) stated that the right to information found its inception in the right to life under Article 21 of the Constitution.

 

Objectives of the RTI Act

• Empowerment of citizens by granting them the right to access information held by public authorities.

• Promotion of transparency in governance by ensuring information availability.

• Enhancement of accountability of public authorities to the citizens.

• Reduction of corruption by increasing transparency in government actions.

• Encouragement of good governance practices through citizen participation and scrutiny.

 

Key Provisions of the RTI Act

1. Section 1 (Scope and Coverage): This provides foundational details about the Act itself, including its title, geographical extent, and commencement:

NOTE

Section 1(2): It extends to the whole of India except the State of Jammu and Kashmir.

2. Section 2(Definitions): Defines important terms like "information," "public authority," "record," etc., which are crucial for understanding the scope of the Act.

• Section 2(f): "Information" means any material in any form, including records, documents, memos, emails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form.

• Section 2(h): "Public authority" means Any authority or body or institution of self-government established or constituted by or under the Constitution.

• Section 2(i): "Record" includes documents, files, memos, emails, opinions, advice, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, and data material held in any electronic form.

• Section 2(j): "Right to Information" means the information accessible under this Act which is held by or under the control of any public authority and includes the right to:

  • Inspection of work, documents, and records.

  • Taking notes, extracts, or certified copies of documents or records.

  • Taking certified samples of material

3. Section 3 (Right to Information): 

"Information is the currency of democracy." - Thomas Jefferson.

It grants every citizen the right to information. It specifies that subject to the provisions of the Act, all citizens have the right to request information from public authorities. 

 

4. Section 4 (Obligations of Public Authorities): The RTI Act Imposes an obligation on public authorities to maintain records and publish certain categories of information to promote transparency.

5. Section 5 & 6 (Public Information Officers): Every public authority must designate PIOs to handle RTI requests. They are responsible for processing and responding to applications.

6. Section 7 (Procedure for requesting information): Citizens have the right to request information from public authorities. The information must be provided within 30 days, or 48 hours in matters concerning life and liberty.

7. Section 8 & 9 (Exemptions from Disclosure): The Act specifies certain exemptions where information may not be disclosed, such as national security, personal privacy, and trade secrets. However, even exempt information can be disclosed if the public interest outweighs the harm.

8. Section 19 & 20 (Appeals and Penalties): Applicants can appeal to higher authorities if their request is denied or if they are dissatisfied with the response. The Act also prescribes penalties for PIOs who fail to comply with its provisions. 

 

Organizational Structure

1. Central Information Commission (CIC):

   • Head: Chief Information Commissioner (CIC)

   • Members: Up to 10 Information Commissioners (ICs)

   • Appointment: Appointed by the President of India on the recommendation of a committee consisting of the Prime Minister (Chairperson), the Leader of the Opposition in the Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister.

2. State Information Commissions (SICs):

   • Head: State Chief Information Commissioner (SCIC)

   • Members: Up to 10 State Information Commissioners (SICs)

   • Appointment: Appointed by the Governor of the state on the recommendation of a committee consisting of the Chief Minister (Chairperson), the Leader of the Opposition in the Legislative Assembly, and a State Cabinet Minister nominated by the Chief Minister.

 

Importance of RTI in Governance

1. Transparency and Accountability:

"Transparency is the antidote to corruption, and RTI is the means to achieve it." - Shailesh Gandhi, Former Central Information Commissioner

RTI promotes transparency by making government functioning open to public scrutiny. It holds public officials accountable for their actions and decisions.

2. Empowerment of Citizens: By accessing information, citizens can participate more effectively in democratic processes. It empowers them to question and challenge arbitrary and corrupt practices.

3. Good Governance: RTI is a tool for ensuring good governance. It enhances the quality of decision-making and reduces the scope for corruption and mismanagement.

4. Social Justice: RTI has been instrumental in addressing issues of social justice. It has been used to uncover irregularities in the implementation of welfare schemes and public services.

 

Landmark Cases Under RTI

1. State of U.P. v. Raj Narain (1975): This pre-RTI Act case laid the groundwork for the principles of transparency and accountability. The Supreme Court ruled that citizens have the right to know about every public act and the conduct of public officials. It emphasized that the right to know is derived from the fundamental right to freedom of speech and expression.

2. S.P. Gupta v. President of India (1981): In this case, the Supreme Court of India held that the right to information is a fundamental right under Article 19(1)(a) of the Constitution. It stated that open government is the foundation of democracy and highlighted the necessity of access to information for a functioning democracy.

3. Central Information Commission (CIC) vs. State Information Commissions (2010): This case clarified the powers and jurisdiction of the CIC and State Information Commissions, ensuring that they work harmoniously to enforce the RTI Act.

4. RTI on Political Parties (2013): A landmark decision by the CIC brought political parties under the ambit of the RTI Act, mandating them to provide information on their funding and functioning.

5. Central Board of Secondary Education (CBSE) v. Aditya Bandopadhyay (2011): The Supreme Court ruled that students have the right to access their evaluated answer sheets under the RTI Act, promoting transparency in the education system.

6. Union Public Service Commission (UPSC) v. Angesh Kumar (2018): The Supreme Court decided that the answer sheets of candidates who appeared for the civil services examination conducted by UPSC are subject to disclosure under the RTI Act. This decision reinforced the transparency in the competitive examination process.

 

How effective has the RTI Act been?

1. Transparency

The RTI Act has significantly increased the transparency of governmental processes and decisions. For instance:

• Adarsh Housing Society Scam: RTI requests played a crucial role in exposing the Adarsh Scam, where information about the involvement of politicians and military officials in illegal allocations of apartments was brought to light.

• Public Procurement: RTI has been used to obtain details about various government contracts and procurement processes, ensuring that these processes are transparent and fair.

2. Accountability

The RTI Act has been instrumental in holding government officials accountable for their actions. Examples include:

• Kargil War Funds Misuse: An NGO from Punjab filed an RTI request that uncovered misuse of funds allocated for Kargil War victims. Bureaucrats had misappropriated these funds to purchase cars and air-conditioners, leading to public outcry and corrective actions.

• Public Works: Citizens have used RTI to check the status and quality of public works, ensuring that allocated funds are properly utilized. Like, RTI applications have monitored fund utilization and prevented leakages in the implementation of schemes like MGNREGA, enhancing accountability in public service delivery.

3. Empowerment

RTI empowers citizens by providing them with the information needed to participate actively in governance and decision-making processes. For instance:

• Highway Construction: In 2015, an RTI request revealed plans to build a new highway that would have displaced hundreds of families. The resulting public pressure led to the government canceling the project, demonstrating the power of informed citizenry.

4. Reducing Corruption

The Act has played a crucial role in uncovering corrupt practices and holding officials accountable, thereby acting as a deterrent against corruption. For instance:

• Satyendra Dubey Case (2003): Satyendra Dubey used RTI to expose corruption in the NHAI, highlighting the role of RTI in protecting whistleblowers and holding authorities accountable for malpractices

• Commonwealth Games Scam (2010): RTI applications exposed widespread corruption and mismanagement in the organization of the 2010 Commonwealth Games in Delhi, enhancing transparency in public expenditure.

 

Challenges to the Effectiveness of the RTI Act

1. Lack of Awareness

Many citizens are still unaware of their rights under the RTI Act, leading to underutilization of the law.

A study by the National Centre for Good Governance: Only 15% of Indian citizens are aware of the RTI Act. This lack of awareness limits the Act’s potential impact as many people do not utilize this powerful tool.

2. Lack of Resources

Commonwealth Human Rights Initiative Study: The average time taken by the government to respond to an RTI request is 60 days, often exceeding the stipulated time frame due to inadequate resources and staffing.

3. Resistance from Government Officials

Centre for Media Studies Survey: 40% of government officials view the RTI Act as a nuisance, leading to non-cooperation and reluctance to provide information.

4. Red Tape

Indian Institute of Public Administration Study: The process of filing an RTI request is cumbersome, requiring an average of 20 hours, which discourages many potential applicants.

5. Cost

Filing Fees: The cost of filing an RTI request can be prohibitive for some citizens. For example, the fee for filing an RTI request in Delhi is 100 rupees, which may be a barrier for economically disadvantaged individuals.

6. Threats and Intimidation

RTI activists often face threats and harassment for seeking information that exposes corruption or wrongdoing. 

National Foundation for India Report: 20% of RTI activists have faced threats or intimidation, which deters others from seeking information that could expose corruption or malpractice.

 

How to Overcome Challenges

1. Increasing Awareness: The government should take steps to increase awareness of the RTI Act, both among citizens and government officials. The govt. can conduct awareness campaigns and educational programs to inform citizens about their rights under the RTI Act and how to use it effectively. 

2. Strengthening Implementation: The government should streamline the process of filing and responding to RTI requests. This would make it easier for people to access information Also, Ensuring strict adherence to the timelines and penalties specified in the Act to reduce administrative hurdles.

3. Enhancing the Powers of the Information Commissions: The powers of the Information Commissions should be enhanced so that they can more effectively enforce the RTI Act. 

4. Providing Legal Aid: The government should provide legal aid to RTI applicants who are unable to afford to file an application on their own.

5. Protecting Whistleblowers: Establishing robust protection mechanisms for RTI activists and whistleblowers can safeguard them from threats and harassment, encouraging more citizens to use the Act.

 

Recent Developments and Reforms

1. Digital RTI Portal: To make the process more accessible, the government has launched an online portal for filing RTI applications. This portal has made it easier for citizens to submit and track their requests digitally.

2. Awareness Campaigns: Various NGOs and civil society organizations have been conducting workshops and seminars to educate people about the RTI Act and how to utilize it effectively.

3. Judicial Interventions: Recent judgments have further strengthened the RTI framework by reiterating the importance of transparency and the right to information as fundamental to democracy.

4. RTI Amendment Act, 2019: The RTI Amendment Act, 2019, brought significant changes to the original Act.

 

Arguments by the Government for these Reforms:

1. Distinction between Constitutional and Statutory Bodies: The government emphasizes that comparing statutory bodies like CIC and ICs to constitutional bodies like CEC and ECs is not appropriate since they have distinct roles and functions.

2. Rationalisation of Status and Service Conditions: The previous arrangement where CIC held the status of a Supreme Court Judge, but his judgments were challengeable in High Courts, has been rectified to eliminate such discrepancies.

3. Enhanced Rule-making Authority for the Government: The recent amendment provides the government with improved control over the statutory body by granting it the power to make rules more effectively.

Challenges:

1. Undermining Democratic Values: The appointment process now excludes the opposition, limiting its involvement.

2. Blow to Federalism: The authority of State Governments has been weakened as a result of these changes.

3. Threat to Transparency and Accountability: The previous system ensured the independent functioning of CICs and ICs due to their fixed tenure and salary, but the new provisions make them vulnerable to influence, compromising sensitive information protection.

4. Lack of Tenure Guarantee: The removal of the basic guarantee of tenure undermines the independence of oversight institutions like CVC, CEC, and the Lokpal.

5. Contrary to Supreme Court Judgement & Parliamentary Committee: The changes go against the essence of the RTI Act as upheld by the parliamentary standing committee and the Supreme Court in the case of Anjali Bhardwaj & Ors. V/s UOI, which aims to safeguard freedom of speech and ensure transparency.

 

Way Forward:

 

1. Constitutional Status to CIC and ICs: Granting constitutional status will ensure the autonomy and authority of RTI and CIC.

2. Awareness Campaigns: Mobilizing NGOs and citizens through awareness campaigns will involve stakeholders in the empowerment and transparency drive.

3. Protection for RTI Activists: Ensuring protection for RTI activists will encourage whistleblowing against corruption without fear of reprisal.

4. Balancing RTI with the Privacy and Official Secrets Act: Clear definitions and guidelines must be established to balance the right to information with concerns about sensitive data, preventing arbitrary dismissals of RTI applications by Public Information Officers.

 

Conclusion

 

The RTI Act is a powerful instrument for ensuring transparency, accountability, and good governance in India. For UPSC aspirants, a thorough understanding of this Act is essential, not only for the examination but also for their future roles as public servants. By understanding the provisions and implications of the RTI Act, aspirants can contribute to a more transparent and accountable governance system.