Right to Information Act, 2005 “Where a society has chosen to accept democracy as its creedal faith, it is elementary that the citizens ought to know what their government is doing.” – Justice P N Bhagwati

“Information is the currency of democracy,” – Thomas Jefferson

Right to Information Act, 2005

The Right to Information (RTI) Act, enacted in 2005, aims to enhance transparency, and accountability, and curb corruption.

Constitutional Basis:

• Article 21: RTI is a derivative right under this article, ensuring the protection of life and personal liberty.
• Article 19(1)(a): RTI complements the fundamental right to freedom of speech and expression, which includes the Right to Know.

Goals of the RTI Act:

1. Citizen Empowerment: Informed Citizenry
   1. Allows citizens to question and review government actions.
   2. Empower individuals to influence government policies and schemes.
   3. Enhances transparency and accountability by providing the right to access state information.
2. Information Access:
   1. Ensures proactive disclosure and reporting.
   2. Improves record-keeping in government offices.
   3. Mandates dedicated public information officers in all government departments.
   4. Supreme Court ruling: RTI Act overrides the Official Secrets Act, fostering greater transparency.
3. Promoting Good Governance:
   1. Utilized for women’s rights, youth development, democratic rights, and the rights of the underprivileged.
   2. Addresses misuse of executive power and strengthens participatory governance.
   3. Helps expose various scams, such as the Crawford Market redevelopment issues in Mumbai.
4. Right to Know: RTI is a crucial tool for citizens to promote, protect, and defend their right to know.

Supreme Court on Right to Information:

1. Bennett Coleman and Co. v. Union of India (1973): Recognized the right to information as part of the right to freedom of speech and expression under Article 19(1)(a).
2. Indira Gandhi v. Raj Narain (1975): Emphasized that secrecy in public affairs is against the public interest, and officials must explain and justify their actions to prevent oppression and corruption.
3. SP Gupta v. Union of India (1981): Affirmed the public’s right to know about every public act and transaction by public officials.
4. People’s Union for Civil Liberties v. Union of India (1996): Held that public scrutiny is essential for ensuring clean and transparent governance.

Evolution of the RTI Act in India

Key Features of the RTI Act, 2005:

1. Right to Information (Section 3): Citizens have the right to access information from public authorities.
2. Obligations of Public Authorities (Section 4): Public authorities must maintain and proactively disclose information.
3. Designation of Public Information Officers (PIOs) (Section 5): Public authorities must designate PIOs to handle requests and provide information.
4. Request for Obtaining Information (Section 6): Citizens can submit a request in writing or electronically to the PIO, specifying the information required.
5. Disposal of Request (Section 7): PIOs must respond to requests within 30 days. If the information concerns the life or liberty of a person, the response time is 48 hours.
6. Exemptions from Disclosure (Section 8): 
   • Section 8(1):
     1. Sensitive Information:
        • Affects India’s sovereignty, security, or economic interests.
        • Damages foreign relations.
        • Incites offenses.
     2. Court-Restricted Data: Forbidden by courts or constitutes contempt of court.
     3. Parliamentary Privilege: Breaches the privilege of Parliament or State Legislature.
     4. Trade Secrets and Intellectual Property: Harms the competitive position unless public interest justifies disclosure.
     5. Confidential Information: Received from foreign governments.
     6. Cabinet Documents: Includes deliberations of the Council of Ministers and other officials (disclosed after decisions are made).
     7. Personal Data Unless it serves a greater public interest.
   • Section 8(2): Allows disclosure of exempt information under the Official Secrets Act, 1923, if it serves the public interest.
7. Third-Party Information (Section 11): In case the requested information relates to a third party, the PIO must inform the third party within five days and take their representation into account.
8. Constitution of Information Commissions (Section 12 & 15): Establishment of the Central Information Commission (CIC) and State Information Commissions (SICs).
9. Powers and Functions of Information Commissions (Section 18 & 19): CIC and SICs have the authority to receive complaints, conduct inquiries, and handle appeals regarding RTI requests.
   • Appeals process:
     • First appeal to the departmental First Appellate Authority.
     • Second appeal to the Central or State Information Commission.
10. Penalties (Section 20): Imposes penalties on PIOs for non-compliance, including Rs. 250 per day of delay, up to a maximum of Rs. 25,000.
11. Jurisdiction of Courts (Section 23): Courts are barred from entertaining suits or applications challenging any order made under the RTI Act. Appeals against CIC/SIC orders can only be made to the High Court.
12. Protection of Action Taken in Good Faith (Section 21): Provides protection to PIOs from any legal action for anything done in good faith while performing their duties under the Act.
13. Timely Response:
    1. Information must be provided within 30 days, or 48 hours for urgent matters related to life and liberty.
    2. Penalties for delays and disciplinary actions for officials who deny information with malafide intent.

Importance of RTI:

1. Promotes Transparency and Accountability: By allowing access to information, it holds public officials accountable for their actions and decisions, reducing corruption and enhancing governance.
2. Empowers Citizens: Citizens can use RTI to obtain information on public services, local development projects, and government spending, enabling them to advocate for their rights and better services.
3. Strengthens Democracy: RTI promotes an informed citizenry, which is crucial for a functioning democracy. It ensures that citizens have the information needed to make informed choices and hold their representatives accountable.
4. Facilitates Investigative Journalism: RTI is a powerful tool for journalists, enabling them to access government records and documents, which are essential for investigative reporting.
5. Enhances Government Efficiency: By mandating transparency, RTI can lead to more efficient and effective government administration. RTI applications have revealed delays and mismanagement in public services, prompting authorities to streamline processes and improve service delivery.
6. Protects Public Interest: RTI helps in protecting public interest by ensuring that government actions are subject to public scrutiny. It acts as a deterrent against arbitrary and unjust decisions.
7. Empowerment of Marginalized Communities: Enables poor communities to use information to demand their rights.
8. Grievance Redressal: Establishes Central and State Information Commissions to address RTI-related complaints.

Key Achievements of RTI:

1. Effective Anti-Corruption Mechanism: Recognized as a top anti-corruption tool, ranking fourth out of 111 countries in 2016 for promoting transparency and accountability.
2. Case Studies:
   • Exposure of Major Scams:
     • 2G Spectrum Scam: An RTI filed by activist Subhash Chandra Agrawal revealed massive corruption in the telecom sector during the UPA regime.
     • Misappropriation of Relief Funds:
       • In 2008, an RTI application by a Punjab NGO uncovered the misuse of funds meant for Kargil war and disaster victims by local Indian Red Cross Society officials.
       • The responsible officials were charged with fraud, and the misused funds were transferred to the Prime Minister’s Relief Fund.
     • Adarsh Society Scam and Assam Public Distribution Scam: RTI played a crucial role in exposing these scams, leading to legal actions and systemic reforms.
   • Local Accountability:
     • Ration Shop Misconduct in Bikaner: Villagers used RTI to obtain records of their local ration shop, uncovering the illegal sale of grains meant for the poor. The corrupt dealer was removed, and the villagers received compensation equivalent to the stolen grains.

RTI Act Amendment 2019:

Reasons for Amendment:

1. Inconsistent implementation across states.
2. Lack of clarity regarding terms and conditions of service for Information Commissioners.
3. Challenges in maintaining the independence of Information Commissions.

Key Changes Brought by the 2019 Amendment:

Criticism of the Amendments:

1. Impact on Federalism: The central government now controls the tenure and salaries of state information commissioners, reducing the autonomy of state governments.
2. Threat to Transparency and Accountability: The fixed tenure and salary that provided relative independence to the Chief Information Commissioner (CIC) and Information Commissioners (ICs) have been removed.
   1. Risk of Manipulation: The new provisions may turn CIC and ICs into tools for protecting sensitive government information.
   2. Loss of Basic Guarantees: Essential tenure guarantees for independent oversight institutions like the Central Vigilance Commission (CVC), Chief Election Commissioner (CEC), and Lokpal have been undermined.

Issues in Implementing the RTI Act

1. Low Utilization: Despite 40 to 60 lakh RTI applications filed annually, less than 3% of Indian citizens have ever filed an RTI plea.
2. Ineffective Information Delivery: A 2018-19 report by Satark Nagrik Sangathan (SSN) and the Centre for Equity Studies (CES) revealed that less than 45% of applicants received the information they sought. Of the 55% who didn’t, fewer than 10% filed appeals.
3. Decline in Data Reporting: A study by the Commonwealth Human Rights Initiative noted a significant drop in mandatory data reporting by Ministries and Departments to the CIC between 2012-13 and 2018-19.
4. Backlog of Appeals: The CIC takes an average of 388 days to dispose of a case. As of June 30, 2021, 2.56 lakh appeals were pending with 26 Information Commissions. In Odisha, it takes over 6 years to dispose of a matter, according to the Satark Nagrik Sangathan (SNS) 2021 report.
5. Public Awareness:
   1. Low Awareness Levels: Less than 35% in rural areas and 40% in urban areas are aware of the RTI Act, as per the RTI Assessment and Advocacy Group (RaaG) 2013 survey.
   2. Limited Process Knowledge: Even fewer people know the complete process of seeking information.
6. Filing Constraints: Absence of user guides causes hardship in understanding the RTI request process.
7. Quality of Information: Applicants often receive raw data instead of precise information.
8. Attitude of Public Information Officers (PIOs): 59% of respondents in a survey rated PIOs’ courteousness as “poor” or “just fair,” discouraging RTI applications.
9. Outdated Practices: Ineffective record management leads to delays in processing RTI applications.
10. Monitoring and Review: No centralized database for RTI applicants exists.
11. Motivation and Resources for PIOs: PIOs often lack motivation and resources to implement the RTI Act effectively.
12. Infrastructure Issues: Lack of printers, computers, and other necessary infrastructure.
13. Minimal IT Integration: Low use of Information Technology for handling RTI applications.
14. Enforcement Powers: CIC has minimal enforcement powers, making it ineffective in some cases (e.g., bringing political parties under RTI).
15. High Vacancies: As per a 2020 report by Satark Nagrik Sangathan (SNS) and Centre for Equity Studies (CES), 31% of information commissions were without a chief commissioner. Some states like Odisha, Rajasthan, Jharkhand, and Tripura are severely understaffed or defunct.
16. Safety Concerns: RTI activists face threats and attacks.
17. Rejection of Applications: Applications are sometimes rejected for trivial reasons like not being typed or written in English.
18. Applicability Issues:
    1. Political Parties and Funding: Remain outside the RTI’s scope.
    2. Qualified Applicability: Exemptions for judiciary and intellectual property rights (e.g., RBI denying information on demonetization).
    3. Private Sector: Major service providers in the private sector are not adequately covered under RTI.

Misuse of the RTI Act

“The Right to Information Act is a good law, but it is being abused.”    — Chief Justice S.H. Kapadia

The RTI Act is often misused due to the lack of a requirement for applicants to demonstrate a justified reason for seeking information (locus standi).

1. Evasion of Clauses like Section 2(h): Government evades this clause by denying public authority status to certain bodies, like the PM-CARES fund.
2. Non-Compliance: The Act lacks provisions to hold officials in contempt for not complying with information commission orders, reducing its effectiveness.
3. Settling Scores: Some individuals misuse RTI to settle personal grudges.
4. Pressure Tactics: RTI is used to intimidate and harass senior officials. For example, a teacher in Vidya Bharti school, Delhi, filed around 15 RTI petitions to harass authorities.
5. Personal Vendetta: RTI is misused to settle personal disputes. In Mr. Narayan Singh vs Delhi Transport Corporation, the CIC noted the misuse of RTI for personal vendetta.
6. Extortion: Some people use RTI to blackmail others, preventing officials from making decisions.
7. Data Collection: RTI is sometimes used for non-essential purposes, such as PhD students using it to gather data for their theses.

Way Forward

1. Strengthen Implementation:
   1. Enhance Public Awareness: Conduct extensive awareness campaigns to educate citizens about the proper use of RTI.
   2. Improve Infrastructure: Invest in better infrastructure, such as computers and printers, for processing RTI requests.
   3. Utilize Information Technology: Integrate IT solutions to streamline the acceptance and processing of RTI applications.
2. Enhance Accountability:
   1. Ensure Compliance: Strengthen provisions for holding officials accountable for non-compliance with RTI orders.
   2. Monitor and Review: Establish a centralized database for RTI applications and implement regular monitoring and review mechanisms.
3. Support Information Commissions:
   1. Address Vacancies: Fill vacancies in Information Commissions promptly to reduce backlog.
   2. Training for PIOs: Provide regular training for Public Information Officers to enhance their understanding and implementation of the RTI Act.