Mains Marathon 2024

Approach Give a brief introduction about RTI DIscuss RTI as paradigm shift in Governance Mention Accountability a fundamental expectation under RTI Conclude suitably

Introduction

The Right to Information (RTI) Act of 2005 marks a significant shift in governance, transforming accountability from an option to a fundamental expectation. Rooted in Article 19 of the Indian Constitution, the RTI Act reflects a governance philosophy that emphasizes transparency and citizen empowerment. It represents both an institutional reform and a cultural shift, linking the spheres of secrecy and information in governance with democratic principles.

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Paradigm Shift in Governance and Accountability

• Empowering Citizens and Enhancing Transparency
  • The RTI Act empowers citizens by granting access to information held by public authorities, shifting governance from a closed model to a more inclusive and participatory one. This promotes greater public involvement in decision-making.
  • Mandating timely disclosure and responses to information requests, the RTI Act enhances transparency and reduces opportunities for corruption and inefficiency.
    • It has led to significant revelations, such as misuse in the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), prompting reforms for better implementation.
• Institutional and Cultural Impact
  • The establishment of the Central Information Commission and State Information Commissions under the RTI Act institutionalizes transparency and accountability. These bodies oversee compliance and address grievances, fostering a culture of openness and responsiveness.
• Embedding Democracy and Economic Impact
  • By making government actions transparent and subject to public scrutiny, the RTI Act reinforces democratic values. It bridges the gap between government secrecy and the public’s right to information, supporting the notion that democracy thrives on informed citizen participation.
    • The RTI Act also contributes to effective economic management by revealing inefficiencies and corruption in public spending, ensuring resources are allocated fairly and used effectively.
• Accountability as a Fundamental Expectation
  • The RTI Act enforces accountability by legally requiring public authorities to disclose information and respond to requests, making accountability a central aspect of governance. This legal framework is reinforced by the Central and State Information Commissions.
    • Transforming governance from a tradition of secrecy to one of transparency, the RTI Act embeds accountability into public administration. It enhances democratic engagement by allowing citizens to scrutinize and influence government actions, thereby integrating accountability into the democratic process.

Challenges:

• Misuse of RTI Act and Enforceability Issues
  • Non-applicability of the locus-standi rule and lack of requirement to provide reasons for seeking information lead to misuse by non-serious petitioners.
  • Information Commissions lack authority to enforce decisions effectively; they can direct actions but cannot act if directions are ignored.
  • This misuse diverts public servants' time, affecting their work.
• Low Public Awareness and Secrecy
  • Limited awareness about rights and duties, particularly in rural and disadvantaged communities like women, SC/ST/OBC, due to lack of education and outreach.
  • The Official Secrets Act, 1923, and other restrictive legislation severely limit the free flow of information.
• Backlog, Delays, and Ineffective Record Management
  • Insufficient Information Commissioners cause high backlog and delays in hearing cases.
  • Incomplete and inaccurate information increases First Appeals, and the lack of a time limit for Second Appeals to the Chief Information Commission (CIC) results in long wait times.
  • Ineffective record management systems and procedures lead to delays in processing RTI applications.
• Dilution of the Law
  • The RTI Act (Amendment) Act, 2019 centralizes power by giving excessive authority to the central government, impacting the autonomy of Information Commissioners.

Way Forward:

• Training for Public Officials: Provide training on proactive disclosure rules and the effective use of ICT tools and traditional dissemination methods.
• Public Records Office (PRO): Establish a PRO under the CIC/SIC for record-keeping, digitization, and website monitoring.
• Strict Punishments: Enforce criminal charges against officials who conceal information to hide corruption or negligence.
• Improved Record Management: Mandate updated, organized, and easily retrievable record-keeping procedures, including digitization and indexing.

Conclusion

The RTI Act signifies a paradigm shift in governance by making accountability a fundamental expectation. Rooted in Article 19 of the Indian Constitution, it aligns with a governance philosophy that values transparency and public participation.

By linking the traditional sphere of secrecy with the sphere of accessible information, the RTI Act reinforces democratic principles and ensures that public administration operates with greater openness and integrity. As both an institutional reform and a cultural shift, the RTI Act plays a crucial role in promoting accountable governance and addressing economic and social issues in a democratic society.