Right to Information (RTI)

Right to Information (RTI)

14-12-2023

Why in the News Now?

  1. Overview: The Supreme Court recently directed the Centre and State governments to fill critical vacancies in the Central Information Commission (CIC) and State Information Commissions (SICs).
  2. Concerns about unfilled vacancies compromising the effectiveness of the Right to Information Act 2005 prompted this decision.

What is the Role and Importance of CIC and SICs?

Feature

Central Information Commission (CIC)

State Information Commission (SIC)

1- Role and Importance

  1. Oversee and enforce transparency and accountability in the Central Government. Highest appellate body under RTI for grievances against central government offices.
  2. A statutory body established under the RTI Act 2005.
  3. Headed by the Chief Information Commissioner.
  1. Oversee and enforce transparency and accountability in the state government. Highest appellate bodies under RTI at the state level.
  2. Established under the RTI Act by state governments.
  3. Headed by the State Chief Information Commissioner.

2- Composition

  1. CIC consists of a Chief Information Commissioner and not more than ten Information Commissioners.
  1. SIC consists of a State Chief Information Commissioner and not more than ten State Information Commissioners.

3- Jurisdiction

  1. Holds jurisdiction over all central government authorities like ministries, public sector companies, etc.
  1. Hold jurisdiction over state government authorities like state government departments, public sector companies under states, etc.

 

4- Appointment

  1. Appointed by the President on the recommendation of a committee consisting of the Prime Minister as Chairperson, the Leader of Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister.
  1. Appointed by the Governor on the recommendation of committee consisting a of Chief Minister as Chairperson, the Leader of Opposition in the Legislative Assembly, and a State Cabinet Minister nominated by the Chief Minister.

 

Vacancies and Their Impact

  1. Status of vacancies: Several vacancies exist in both CIC and SICs across the country, leading to a shortage of personnel to handle RTI appeals and complaints.
  2. Consequences:
    1. Large backlog of pending cases: Limited personnel result in backloged cases, causing long delays in disposal and weakening the RTI framework.
    2. Reduced access to information: Delays or unsatisfactory responses discourage citizens from using the RTI Act, hindering its effectiveness.
  3. Stats from recent performance review: A study by Satark Nagrik Sangathan revealed approximately 3.14 lakh appeals and complaints were pending as of June 2022, highlighting the severity of the backlog issue.

Supreme Court's Directions

  1. Acknowledging the detrimental impact of vacancies, the Supreme Court recently directed the Centre and State governments to fill up all vacant positions in CIC and SICs within a specified timeframe.
  2. The Court emphasized that unfilled vacancies render the RTI Act "a dead letter" and impede citizens' right to information.

 

Problems

Impact

Solutions

1- Critical Vacancies in CIC and SICs: Insufficient personnel to handle RTI appeals and complaints

1- Large backlog of pending cases, delays in disposal, weakened RTI framework, reduced access to information

1- Prioritize filling vacant positions in CIC and SICs within a specified timeframe.

2- Lack of Transparency and Accountability: Inadequate proactive disclosure of information, potential for information concealment by public authorities

2- Reduced access to information, weakened public trust in governance, hindered citizen participation

2- Proactive disclosure: Public authorities should proactively publish relevant information without waiting for RTI requests. - Training: Train government officials on RTI provisions and importance of transparency. - Whistleblower protection: Strengthen legal framework to protect individuals who disclose information in the public interest.

3- Reduced Awareness and Utilization of RTI Act: Limited knowledge about the Act, particularly in rural areas

3- Reduced access to information, citizens unable to exercise their right, weakened accountability of public authorities

3- Awareness campaigns: Conduct targeted campaigns to educate citizens about their RTI rights, especially in rural areas. - Community outreach: Partner with NGOs and civil society organizations to spread awareness.

4- Ineffective Implementation by Public Information Officers (PIOs): Misinterpretation of Act provisions, delays in response, discouragement of RTI requests

4- Reduced access to information, frustration and apathy among citizens, weakened effectiveness of the Act

4- Training: Train PIOs on RTI procedures and responsibilities. - Accountability: Enforce penalties for non-compliance with RTI provisions. - Grievance redressal mechanisms: Improve channels for complaint against PIOs.

 

By addressing these concerns and implementing the suggested measures, we can strengthen the Right to Information Act and ensure its effectiveness in promoting transparency and accountability in the Indian governance system. 

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