RIGHT TO INFORMATION ACT
1. Context
For 13 years, the Right to Information Act, of 2005, helped citizens obtain information and data from Central and State institutions that are not readily available in the public domain. The RTI Act allows any citizen to request access to data, documents, and other information in the government’s possession. India’s RTI Act has been commonly cited as among the most comprehensive public records access legislations in the world. In recent years, though, activists worry that the system is being made less and less effective, shutting off a crucial means to hold public officials accountable.
2. The Right to Information (RTI) Act:
- The Right to Information (RTI) Act is a landmark legislation enacted in India in 2005.
- It empowers citizens to access information held by public authorities and promotes transparency and accountability in government functioning.
Here are key points about the RTI Act:
Objective
The primary objective of the RTI Act is to provide citizens with the legal right to request and receive information from government agencies and departments.
Applicability
The Act applies to all government bodies at the central, state, and local levels, including ministries, departments, public sector undertakings, and even non-governmental organizations receiving government funding.
Information Disclosure
It mandates government bodies to proactively disclose certain categories of information to the public, reducing the need for citizens to file RTI applications for routine information.
Request Process
- Citizens can file RTI applications in writing, seeking specific information. They need to pay a nominal fee with the application.
- Information must be provided within 30 days (or 48 hours for information concerning life and liberty), failing which authorities must explain the delay.
Exemptions
The Act specifies certain categories of information that are exempt from disclosure, primarily to protect national security, privacy, and sovereignty.
Public Interest Override
Even if the information falls under exempt categories, it must still be disclosed if there is an overriding public interest.
Promoting Accountability
- The RTI Act is a powerful tool for holding public officials accountable for their actions and decisions.
- It has been instrumental in exposing corruption, inefficiency, and human rights violations.
Challenges and Amendments:
Over the years, there have been concerns about the Act's effectiveness due to delays, procedural hurdles, and some amendments that activists argue weaken its provisions.
Impact
- The RTI Act has empowered citizens to participate in governance, making the government more transparent and accountable.
- It has been hailed as a significant step toward strengthening democracy in India.
Role of Information Commissions
Information Commissions at the central and state levels are responsible for hearing appeals and resolving disputes related to RTI applications.
3. RTI Act Amendment:
- The Digital Personal Data Protection Act, of 2023, amended the RTI Act.
- It changed the prohibition on disclosing personal data from qualified to the total.
- NCPRI opposed this change, as it hinders social audits and may protect powerful officials.
- The Right to Information (Amendment) Act, of 2019, gave Union Government unilateral power over information commissioners' tenure and salaries.
- This raised concerns about their independence and effectiveness.
4. Undermining the RTI Act:
Dependence on Subordinate Rules:
- The RTI Act's effectiveness relies on subordinate rules set by Union and State Governments.
- States have autonomy in determining payment methods for RTI applications, causing disparities.
Payment Method Variations
- Inconsistencies exist in payment methods across states.
- Example: Tamil Nadu doesn't accept Indian Postal Orders (IPOs), a convenient payment method.
- Court fee stamps and demand drafts may be less accessible and burdensome alternatives.
Tardy Appointments to Information Commissions
- Delays in appointing members to Information Commissions, like the Central Information Commission (CIC) and State Information Commissions (SICs), erode confidence.
- Appeals can languish for months or years without resolution.
- Jharkhand SIC, for instance, lacked commissioners since May 2020, rendering the appeals process ineffective.
5. Online RTIs:
- Online RTI applications ease accessibility by eliminating the need for uncommon financial instruments.
- Payment via UPI simplifies the process.
- Many Indian states lack online RTI portals, limiting access for citizens.
- Even when available, some state government bodies may not be registered on these portals.
- The Union Government's RTI portal, launched in 2013, faces usability issues.
- Account creation, which streamlined the application process, has been removed.
- Users must now enter personal details for each application.
- Past applicant data has experienced glitches, with applications disappearing and later being restored.
6. Challenges and Dissatisfaction:
- Dissatisfaction with the RTI Act's effectiveness is increasing at a fundamental level.
- More first appeals are being filed, indicating public dissatisfaction with the information provided by public officials.
- The RTI Act faces structural problems related to institutions and websites.
- These issues hinder citizens' ability to conveniently access information and file requests.
- Activists highlight that the weakening of the RTI Act isn't limited to changes in the law's text.
- It stems from various government institutions' ways of discharging duties, narrowing avenues for information access, and understaffed appellate bodies.
|
For Prelims: Right to Information Act, 2005, Central Information Commission (CIC), State Information Commissions (SICs), Indian Postal Orders (IPOs), Digital Personal Data Protection Act, of 2023.
For Mains: 1. Examine the impact of recent amendments to the Right to Information (RTI) Act on its core principles of transparency and accountability. How can the Act strike a balance between protecting sensitive information and ensuring citizens' access to government-held data?
|
Previous year Question1. Which of the following is related to the Right to Information Act, of 2005? (UPPSC 2015)
A. Lily Thomas v/s Union of India
B. Nandini Sundar v/s State of Chhattisgarh
C. Namit Sharma v/s Union of India
D. None of the above
Answer: C
|
Source: The Hindu
