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Governance > Right to Information > Governance
SYLLABUS
GS 2 >> Constitution, Governance >> RTI Act
REFERENCE NEWS
The Supreme Court, through its recent judgment on the Electoral Bonds Scheme, has reaffirmed the importance of the principle of the Right to Information in ensuring the robust functioning of the Indian democracy.
ABOUT RIGHT TO INFORMATION(RTI)
The right to information is the right that ensures that the public becomes ‘citizens‘ rather than becoming ‘subjects‘ in a democratic state, by having unhindered access to the flow of information regarding the functioning of the different arms of the government.
The Right to information has not been mentioned explicitly as a fundamental right in the Constitution. SC has held the Right to Information (RTI) to be a derivative of Article 19 (1) (a) which grants the freedom of speech and expression. RTI is also linked to the Indian constitution’s Right to Life and Personal Liberty (Article 21).
State of U.P. v Raj Narain (1975)
SC held that the right is implicit in the right to freedom of speech and expression, explicitly guaranteed in Article 19 of the Indian Constitution.
S.P. Gupta v. President of India (1982)
SC asserted the right of the people to know about every public act and the details of every public transaction undertaken by public functionaries.
People’s Union for Civil Liberties v. Union of India case
SC elevated the status of the right to information to a human right and linked it to the right to life enshrined in Article 21 of the Constitution.
Later, the RTI movement by Mazdoor Kisan Shakti Sangathan (MKSS), and judicial emphasis on RTI, compelled the Parliament to enact the Right to Information Act in 2005.
RTI Act 2005 aims to provide a practical regime for citizens to obtain information from public authorities, as well as to promote transparency and accountability in the work of all public authorities.
SUCCESSES OF RTI:
Empowers common man: With access to authentic information, people are now more aware and proactive. It has helped them question the efficiency and rationality behind public policies and improve upon participatory democracy. RTI is being used to redress individual grievances, access entitlements such as ration cards and pensions, investigate government policies and decisions, and expose corruption and misuse of government resources.
Improved transparency & accountability: The Act provides an added layer of scrutiny of public offices.Officials and agencies are now more responsible for their acts.
Reduction in corruption: RTI has emerged as a tool to fight corruption in India. Ex:the RTI applications filed by activists Yogacharya Anandji and Simpreet Singh in 2008 exposed the infamous Adarsh Housing society scam
Better Government-Public relationship: The citizen centric approach of the Act provides a framework for promotion of citizen-government partnership in carrying out the programmes for welfare of the people. It brings into reality the fact that people are not only the ultimate beneficiaries of development but are the agents of development.
CASE STUDIES:
Sidhakahna Jot Keshav village in Bahraich district of Uttar Pradesh: Five inspired residents of the village filed RTI applications and questioned the district administration about the conditions of the village roads and drains. They also raised questions as why there were no allotments under the Indira Awaas Yojna. The administration immediately acted and the construction of the roads and drains began in the village. Since then, many villagers have been allotted the houses under the Indira Awaas Yojna and the administration has displayed a list on the village wall, containing the names of the villagers eligible for the allotments under the scheme.
Commonwealth Games Scam: An RTI filed by a non-profit organization, Housing and Land Rights Network, revealed that the Delhi government had diverted Rs 744 crore from funds earmarked for the welfare of the Dalit community to the Commonwealth Games. The non-profit body also found that most of the diverted funds were expended on amenities that existed only on paper, suggesting further corruption and money laundering.
“Jaankari”: It is a Bihar government-initiated call centre that accepts RTI applications, first and second appeals over the phone. Here RTI can be filed through a phone call. Even an illiterate villager can file his RTI application by a call. It also has a helpline where citizens can report, if they have received threats as a result of using this transparency law.
FAILURES OF RTI:
Misuse & Fear of the Act: Frivolous and repeatedfiling of applications is a major reason for the large number of applications. It has also given birth to a community of people who are using it as an instrument of extortion and blackmail. Due to fear of possible misjudgment, many bureaucrats hesitate in taking decisions, especially in areas of discretionary powers.
Emphasis on letter of law than spirit of law: Government agencies and institutions are increasingly finding ways to decline information sought under the Right to Information Act. Also, very few central ministries and departments have been proactively disclosing information to the citizens under section 4 the Right to Information (RTI) Act.
Constraints faced in filing applications: Non-availability of User Guides, lack of standard format for RTI applications and inconvenient channels of application are major constrains in filing a query. These have resulted in rejection of applications and need for multiple visits by applicant.
Institutions outside RTI’s purview: Some major institutions are not being covered under the Act. E.g. Political parties.
Low public awareness: Between 40 and 60 lakh RTI applications are filed every year, but less than 3 per cent Indian citizens have ever filed an RTI plea. Awareness level is low especially among the disadvantaged communities such as women rural population, OBC/SC/ST population.
ISSUES & CHALLENGES WITH RTI:
Rising pendency of cases: The number of appeals and complaints pending with the 26 information commissions in 2021 was 2,86,325 and in 2022, it was 3,14,323.
Vacancies & Delays in appointments: Central and state governments continue to be reluctant when it comes to the timely appointment of commissioners to the Information Commissions, despite explicit directions from the Supreme Court. Currently, two out of 29 information commissions (Jharkhand and Tripura) are completely defunct, four of them (Manipur, Telangana, West Bengal and Andhra Pradesh) are without chiefsand only 5% of the positions being occupied by women.
RTI vs Official Secrets- There are certain Govt functions which demand a veil of secrecy for protection of national interest and maintenance of public order. For ex- Demand of Right to information about Rafael Aircraft procurement, which could have led to the public availability of information about its specifications. This could be utilised by hostile neighbours to counter the advantages.
RTI vs Right to Privacy- RTI and the right to privacy conflicting to each other in certain cases. This conflict has been used to draft certain contentious legislations and schemes. For ex- Govt defence of the denial of information in the electoral bonds scheme on the grounds of protection of donor’s privacy.
Deficit of basic Infrastructure: The effective implementation of RTI requires the PIOs to provide information to the applicant through photocopies, soft copies etc. However, facilities like photocopier machines and uninterrupted internet connections are not available at many levels of government.
Low level of digitisation: The entire system is in need of digitisation. Only 11 information commissions out of 29 provide e-filing facility for RTI applications or appeals, but only five are functional.
Non-imposition of penalties: An analysis of penalties imposed shows that the commissions did not impose penalties in 95% of the cases where penalties were potentially imposable.
Attacks against activists: Data by the National Campaign for People's Right to Information states that 95 people were murdered, 211 people harassed and 163 people physically harmed for seeking information through RTI.
Lack of training: As per the findings of the survey conducted by DoP&T, only 55% of surveyed PIOs had received RTI training. There are no avenues for behavioral training or refresher training of officials. The frequent transfer in PIOs adds to the issue.
WAY FORWARD
Making the information available in local languages- The information associated with the RTI Act and its functioning must be made available in the local language, considering the diverse nature of our country.
Education about the right- Education about the right to know should be made mandatory at the school level in our new education policy to develop a sense of responsibility and vigilant citizenship in the forthcoming generation.
Making RTI applicable on Political parties- The parliament must bring the Political parties under the ambit of RTI to ensure proper functioning of the Great Indian democracy.
Grant constitutional status: The RTI is safeguarding a fundamental right guaranteed under the Constitution and so the government should seriously look into the possibility of elevating the Information Commission to the status of a constitutional authority.
The Right to Information Act has significantly empowered citizens, promoting transparency and accountability in governance, yet challenges such as misuse, bureaucratic hesitation, and the need for greater public awareness and infrastructure improvement persist. To further strengthen democracy, there is a compelling need for addressing these challenges and enhancing the accessibility and effectiveness of the RTI mechanism.
PRACTICE QUESTION
Q. Analyze the challenges that hinder the efficacy of the Right to Information Act in attaining the objectives of good governance. Also suggest measures to overcome these challenges? (15M, 250W)
