RTI ACT 2005: Benefits, Issues, and Way Forward

Context: 

Recently, the Delhi High Court set aside the Central Information Commission (CIC) order and directed the IT department to disclose details of tax exemption under RTI for PM CARES Fund.

About RTI Act

• RTI Full Form: Right to Information 
• Passed: In 2005,  to enable the citizens to exercise their freedom of speech and expression under Article 19(1)(a) of Indian Constitution. 
• Public Information Officer (PIO): To give information within 30 days but applications requesting information regarding a citizen’s life and liberty must be granted or refused within  48 hours. 
• Provision for Appeal: An appeal can be made to a departmental Appellate Authority and also a second appeal can be made, if the decision of the Appellate Authority is not satisfactory. 
• Section 4 of the Act: It calls for proactive disclosure of information by all authorities so that the public have minimum resort to the use of this RTI Act to obtain information. 
• Section 8 of the RTI Act: It provides exceptions to the disclosure of information, on that basis sharing of information can be denied. 
• Provision for Exceptions under Section 8 of the RTI Act:
  • The sovereignty and integrity of India
  • Security, strategic, scientific or economic interests of the State 
  • Relations with Foreign States 
  • Lead to incitement of an offense 
  • Section 8 (2) provides exemption under Official Secrets Act, 1923.

Benefits of the RTI Act

• Anti-corruption Tool: In the past 17 years, it has been instrumental in uncovering various scams. 
• Empowering People’s Voice: By giving citizens the confidence and right to ask questions. 
• Strengthened Democracy: Citizens have the right to claim information from public authorities. 
• Transparency and Accountability: Various information has to be placed in the public domain. 

Issues associated with the Functioning of the RTI Act

• Threats to RTI Activists: According to the Commonwealth Human Rights Initiative (CHRI), across India, 99 RTI activists have lost their lives,180 assaulted and 187 were threatened since 2006. 
• Dysfunctional: Due to exceptions, the Information Commissions have remained dysfunctional. 
• Rising Pendency: The pendency of cases under the CIC has been rising. 
• Judicial Bottlenecks: Several RTI cases are embroiled in judicial procedures. 
• Frivolous RTIs: An oft-repeated excuse by bureaucrats for their unprofessional attitude is the number of frivolous queries or those with perverse motives. However, it is only around 4% of the total appeals, which can easily be managed. 

Reasons for Exclusion of Political Parties from the RTI Act:

• Autonomy and Privacy: Parties claim that they need a level of autonomy and privacy. 
• Misalignment in Definition: “Public authority” under the Act does not include political parties. 
• Voluntary Nature of Parties: Their engagement with the public is based on their own choice. 
• Risk to Internal Discussions: Parties under the Act could expose sensitive internal discussions. 
• Already Available: Important information is already accessible through the EC’s website.

Steps that Need to be Taken

• Need for a Code of Conduct: A code of conduct must be evolved for Information Commissioners. 
• Following of Judiciary’s Guidelines: The Supreme Court’s guidelines in DDA vs Skipper Construction (P) Ltd should be followed in letter and spirit. The High Courts must resist the temptation to exercise their writ jurisdiction in order to correct errors made by the SICs/CICs. 
• Maintaining Autonomy of the Information Commissions: Need to ensure freedom of the press and democratic institutions in the interest of the people and the nation at large. 
• Education about the Information Laws: By raising awareness amongst the people and organizing rigorous training of government officials. 
• Availability of Information in Vernacular Languages: All information must be made available in the local language considering the diverse nature of our country. 
• Availability of Information in Early Ages: Education about the RTI should be made mandatory at the school level to develop a sense of responsibility and vigilant citizenship. 

Way Forward

• Need more Transparency that respects democratic principles while promoting accountability.
• Proactive Public Disclosures using their official  websites or other public platforms. 
• Strengthening Election Commission’s Role, which would enhance accountability. 
• Redefining Anonymous Donations. The EC proposes lowering the donation to ₹2000. 
• Raise Awareness about the importance and accountability of political processes and parties.
• Adoption of International Best Practices and draw upon successful transparency practices.

Conclusion

Rightly observed by Thomas Jefferson “Information is the currency of democracy”. Modern democracy requires an informed citizenry and transparency of information to hold the government accountable.

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