Recently, a report by Satark Nagrik Sangathan (SNS) reveals that both Central and several State Information Commissions (CIC/SICs) are understaffed or defunct, leading to massive delays in hearing RTI appeals.
Key Highlights from the Report
- Defunct Commissions: Six SICs — Jharkhand, Himachal Pradesh, Telangana, Goa, Tripura, and Madhya Pradesh — were non-functional between July 2024 and October 2025 due to lack of appointments.
- Partial Functioning: Karnataka, Maharashtra, Tamil Nadu, Bihar, and Madhya Pradesh are operating without full strength.
- Central Commission: The CIC currently has only two Commissioners with nine vacancies, including the post of Chief Information Commissioner.
- Pending Appeals: Over 2.4 lakh appeals were recorded in 2024; total pending appeals exceed 4 lakh as of June 2025.
- Disposal Rate: With a capacity to dispose of 1.8 lakh cases annually, it would take decades to clear backlogs.
- States with Highest Backlog: Maharashtra (95,340), Karnataka (47,825), and Tamil Nadu (41,059).
- Institutional Shortcomings:
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- Administrative Neglect: 20 of 29 Commissions have not published their 2023–24 annual reports.
- Penalty Non-Enforcement: In 98% of cases where penalties were applicable, none were imposed on erring Public Information Officers (PIOs).
Implications
- Erosion of Accountability: Long delays defeat the RTI Act’s purpose of ensuring time-bound transparency.
- Citizens’ Right Compromised: Citizens are left waiting years for access to information on public decisions and spending.
- Administrative Apathy: Lack of proactive oversight weakens the institutional framework of transparency and public trust.
Right to Information (RTI) Act, 2005
Overview
- Establishment: Enacted by the Parliament in June 2005, effective from 12 October 2005.
- Based on the principle of transparency and accountability in public administration.
- Replaced the earlier Freedom of Information Act, 2002.
- Derives its authority from Article 19(1)(a) (Right to Freedom of Speech and Expression).
- Aims to promote transparency, accountability, and citizen empowerment by granting access to information held by public authorities.
- Nodal Ministry: Ministry of Personnel, Public Grievances and Pensions
Key Provisions
- Applicability: All public authorities — Central, State, and local bodies, including ministries, PSUs, and constitutional institutions.
- Exemptions (Section 8): National security, intelligence, and personal information unless linked to corruption or human rights violations.
- Time Limits:
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- Within 30 days of application.
- Within 48 hours if it concerns life or liberty.
- Public Information Officers (PIOs): Designated in every public office to process RTI applications.
- Information Commissions (Sections 12–15)
- Central Information Commission (CIC) — at the Union level.
- State Information Commissions (SICs) — at the State level.
- Chief Information Commissioner + up to 10 Information Commissioners.
- Appeals: Can Appeal against the PIOs, if the requests were denied or not addressed satisfactorily.
Level |
Appointing Authority |
Selection Committee |
Central Information Commission |
President of India |
Prime Minister (Chairperson), Leader of Opposition in Lok Sabha, Union Cabinet Minister nominated by PM |
State Information Commission |
Governor of the State |
Chief Minister (Chairperson), Leader of Opposition in Legislative Assembly, State Cabinet Minister nominated by CM |
- Tenure and Conditions:
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- Original RTI Act, 2005: 5-year term or till 65 years of age, whichever earlier.
- RTI (Amendment) Act, 2019: Tenure, salary, and service conditions now decided by the Central Government.
- Removal: By the President (for CIC/ICs) or Governor (for SCIC/SICs) on proved misbehavior or incapacity after Supreme Court inquiry.
PW Only IAS Extraedge:
Constitutional and Judicial Backing
- Article 19(1)(a): The “right to know” is implicit in freedom of expression.
- Landmark Cases:
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- State of Uttar Pradesh v. Raj Narain (1975): Established that citizens have a right to know about government activities.
- Union of India v. ADR (2002): Recognised the public’s right to information on candidates’ assets and criminal background.
- These judgments shaped the RTI Act as a pillar of democratic accountability
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About Satark Nagrik Sangathan (SNS)
- Establishment: Founded in 2003 as Satark Nagrik Sangathan (SNS) or Society for Citizens Vigilance Initiatives (SCVI), it is a non-partisan citizens’ group.
- Objective: Promotes transparency and accountability in governance and ensures citizen participation in government functioning.
- Focus: Raises awareness about the Right to Information (RTI) Act, 2005; Encourages citizens to use RTI to obtain government information.