18 years of Right to Information (RTI) Act

Latest Context:

Recently, the Central Information Commission (CIC) celebrated the 18^th year of enactment of Right to Information Act (RTI).

Right to Information Act, 2005

1. About: It empowers citizens to access information from public authorities. It replaced the former Freedom of Information Act, 2002.
2. Objective: The primary objective of the RTI Act is to promote transparency, accountability, and openness in the functioning of government agencies and public authorities by providing a mechanism for citizens to access information held by these entities.
3. Applicability: It covers public authorities at the central, state, and local levels, as well as bodies, institutions, or organizations substantially financed or controlled by the government.
4. Definition of Information: The Act defines "information" broadly to include records, documents, memos, emails, opinions, advice, press releases, circulars, orders, contracts, reports, papers, samples, models, and data held by public authorities.
5. Request for Information: Any citizen of India can file an application for information under the RTI Act. Requests can be made in writing or electronically. The request should specify the information sought and the name and address of the applicant.
6. Timeframe: Public authorities are required to provide the requested information within 30 days of receiving the application. In certain cases, this period may be extended by an additional 30 days, provided the applicant is informed of the reasons for the extension.
7. Fundamental Right: Having a right to information is the part of fundamental rights under Article 19(1) of Constitution. Article 19(1) specifies that every citizen has freedom of speech and expression but the informed speech can only be made, if one is having access to information.
8. Exemptions: While this Act promotes transparency, it also provides for specific exemptions to disclosure. Some of the exempted categories include information related to national security, information that could harm the privacy of individuals, information that might affect the process of ongoing investigations.
9. Fees: Public authorities can charge a fee for providing information. The fee structure is set by the government and may vary depending on the nature of the information and the mode of access (paper or electronic).
10. Penalties: The RTI Act includes provisions for penalties against officials who do not comply with its provisions, including fines and disciplinary action. These penalties are imposed by the Information Commissions.

Significance of RTI Act

1. Transparency and Accountability: This Act is instrumental in promoting transparency and accountability within the government. It empowers citizens to access information held by public authorities, ensuring that government actions and decisions are open to public scrutiny.
2. Empowerment of Citizens: It empowers Indian citizens to actively participate in the democratic process by allowing them to obtain information on government policies, actions, and expenditures. This, in turn, enables informed decision-making and effective participation in civic life.
3. Reduction of Corruption: The RTI Act has been a vital tool in the fight against corruption. Citizens and activists have used it to expose corruption, irregularities, and misconduct within public offices and government agencies.
4. Promotion of Good Governance: The act has encouraged a culture of proactive disclosure, with public authorities voluntarily disclosing a wide range of information to reduce the need for citizens to file RTI requests. This promotes good governance practices.
5. Citizen Participation: The act promotes citizen participation in decision-making processes. Citizens can request information about proposed policies, projects, and programs, allowing them to engage with government officials and provide feedback.
6. Education and Awareness: The act has contributed to raising awareness about the right to information and the importance of transparency and accountability in governance. It encourages citizens to be more informed and engaged.

Challenges with RTI Act are:

1. Procedural Complexities: Despite its empowering nature, it can be challenging for some citizens to use the rights given by this act. The process of filing an RTI request, understanding the exemptions, and following up on appeals can be complex for those with limited education or resources.
2. Backlog of Requests: Public authorities sometimes face a significant backlog of RTI requests, leading to delays in responding to applicants. This can be frustrating for those seeking timely information. As of June 2023, there were almost 3.21 lakh pending appeals and complaints.
3. Lack of Awareness: Many people, especially in rural areas, are not aware of their rights under the RTI Act. Lack of awareness can hinder the act's effectiveness.
4. Retaliation and Intimidation: Some RTI activists, government whistleblowers, and citizens who file RTI requests have faced harassment, threats, or violence as a result of their efforts to expose corruption or wrongdoing. The act does not provide adequate protection against such retaliation.
5. Limited Application: The RTI Act does not cover private entities, which can be conduits for public services or government contracts. This can limit transparency in certain sectors.
6. Administrative Hurdles: Public authorities may sometimes impose administrative barriers, such as imposing high fees, to deter applicants from seeking information.
7. Excessive Exemptions: It includes exemptions for certain categories of information, including those related to national security and personal privacy. Critics argue that these exemptions can be invoked excessively to deny access to information.
8. Amendments and Weakening: Amendments to the RTI Act, such as the RTI (Amendment) Act, 2019, have raised concerns about the potential weakening of the independence of Information Commissions, which are responsible for handling appeals and ensuring compliance with the act.
9. Burden on Public Authorities: Public authorities sometimes find it burdensome to respond to a large number of RTI requests, diverting resources away from their primary functions.

About Central Information Commission (CIC)

1. CIC is an independent, statutory and quasi-judicial authority established under the provisions of the Right to Information Act, 2005.
2. Its primary role is to oversee and ensure the implementation of the Right to Information (RTI) Act at the central government level.
3. It has the authority to hear and decide appeals and complaints filed by individuals who are dissatisfied with the response or inaction of central government departments or public authorities regarding their RTI requests. It can mediate between the parties involved to resolve disputes and facilitate the release of information.
4. In cases where public officials have violated the RTI Act, the CIC can impose penalties on them.
5. It is headed by the Chief Information Commissioner (CIC), who is assisted by several Information Commissioners (ICs).
6. They are appointed by the President on the recommendation of a committee which consists of:

• PM as Chairperson
• Leader of Opposition in Lok Sabha
• Union Cabinet Minister, who is nominated by PM.

7. CIC is not eligible for reappointment.
8. At present, CIC is working with only 4 commissioners, even as 7 posts are vacant.
9. The RTI (Amendment) Act, 2019 reduced the tenure of the Information commissioners to 3 years from a tenure of 5 years or a retirement at the age of 65 years, whichever is earlier. This amendment was done to ensure that Information Commissioners can use their powers even with the senior-most officers of the administration without any fear of losing the job.

Conclusion:

The RTI Act, has been a transformative piece of legislation in India, fundamentally changing the relationship between the government and its citizens. It has given people a powerful tool to hold their government accountable and participate actively in the democratic process. This has led to a more transparent, responsible, and accountable government in India.

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