Mains Practice Questions

Introduction

The Right to Information (RTI) Act, 2005 has been a transformative tool in India’s governance, ensuring transparency, accountability, and citizen participation in decision-making.

• However, despite its success, the implementation of RTI has faced serious institutional challenges, particularly due to recent legislative amendments and weakening of Information Commissions' autonomy.

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Enhancement of Transparency Through RTI:

• Strengthening Democracy & Citizen Empowerment: RTI has enabled public scrutiny of government policies, financial allocations, and electoral funding, thus promoting participatory governance.
• Fighting Corruption: Major scams such as the Adarsh Housing Scam and Coalgate were exposed using RTI, demonstrating its role in uncovering irregularities.
• Ensuring Transparency in Welfare Schemes: RTI has been used to track fund utilization in schemes like MGNREGA, revealing frauds in wage payments and fake job cards.
• Upholding Fundamental Rights & Social Justice: It has played a crucial role in exposing malpractices in public distribution systems (PDS), health services, and education.
• Empowering the Media and Whistleblowers: Investigative journalism and citizen activism have been strengthened through RTI, promoting free speech and accountability.

Key Institutional Challenges Affecting RTI Implementation:

• Dilution Through Legislative Amendments
  • The RTI (Amendment) Act, 2019 granted the central government the power to determine the tenure and salaries of Information Commissioners, reducing their autonomy.
    • The Digital Personal Data Protection (DPDP) Act, 2023 amended Section 8(1) of RTI, exempting all personal data from disclosure, even in cases of public interest.
  • This has curtailed access to information about government officials, electoral bonds, and public procurement, restricting transparency.
• Weakening of Information Commissions
  • The Central Information Commission (CIC) and State Information Commissions (SICs), responsible for RTI appeals, suffer from severe vacancies, funding shortages, and political influence.
    • Several State Information Commissions remain defunct, while the CIC operates with only 3 out of 11 sanctioned members.
• Bureaucratic Resistance and Non-Compliance
  • Public officials often delay or deny information, fearing exposure of inefficiencies and corruption.
    • Nearly 42% of RTI appeals filed with the CIC in 2023-24 were returned without a hearing, showing systemic non-compliance.
• Threats to RTI Activists and Whistleblowers
  • RTI activists face serious threats, including physical attacks and legal harassment, discouraging citizens from seeking information.
    • 99 RTI activists have been murdered and 180 assaulted since 2006 for exposing corruption in land deals, mining, and welfare schemes.
  • The Whistleblower Protection Act, 2014, meant to provide safeguards, remains largely unimplemented, leaving activists vulnerable.

Measures for Strengthening the RTI Framework:

• Restoring the Autonomy of Information Commissions
  • Amend the RTI (Amendment) Act, 2019, to restore fixed tenure and independent salary structures for Information Commissioners.
  • Ensure timely appointment of Information Commissioners at both the central and state levels to clear pending cases.
• Addressing Exemptions and Overlapping Laws
  • Reform the Official Secrets Act, 1923, to align it with RTI principles, ensuring transparency in non-sensitive matters.
    • Periodically review the Second Schedule of the RTI Act, assessing which exempt agencies can disclose non-sensitive data.
• Protecting RTI Activists and Whistleblowers
  • Fully implement the Whistleblower Protection Act, 2014, with provisions for anonymous complaints and emergency protection mechanisms.
    • Fast-track court trials for cases involving attacks on RTI activists to provide a strong deterrent.
• Enhancing Public Awareness and Digital Accessibility
  • Conduct nationwide RTI awareness campaigns using digital platforms, community radio, and local governance bodies.
  • Strengthen e-RTI portals with AI-driven assistance to help citizens draft better RTI applications and track responses.

Conclusion

The Right to Information Act remains a cornerstone of Indian democracy, empowering citizens to hold the government accountable. Stronger regulatory mechanisms, proactive disclosures, and better protection of whistleblowers is crucial to ensuring RTI remains a powerful tool for transparency and good governance.