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The Right to Information (RTI) Act 2005, born from a citizen movement in Beawar, Rajasthan, is now threatened by the Digital Personal Data Protection Act (DPDPA), 2023, and weakened Information Commissions, risking its effectiveness in empowering citizens and exposing corruption.
The Right to Information (RTI) is a legal right given to citizens that allows them to ask public authorities for information held by the government. In India, this right is codified in the Right to Information Act, 2005.
Under the RTI Act:
The RTI Act replaced the earlier Freedom of Information Act, 2002, which had serious limitations (no real external appeal, restricted scope).
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Why Does Information Matter in a Democracy? Accountability Transparent government decisions and actions prevent corruption and misuse of power by allowing citizens to scrutinize public officials and demand answers, promoting responsible governance, and build public confidence in government institutions, Citizen Empowerment Access to information on policies like land acquisition, welfare schemes, and subsidies empowers citizens to verify fair implementation, correct errors, and raise objections, directly impacting their lives. Reduce Power Imbalance Information is often concentrated with government and bureaucrats, transparency mechanisms like the RTI Act to bridge this gap, to create a more equitable playing field. Evidence-based Policy Availability of data facilitates informed public discourse, rigorous media examination, and improved policy formulation, preventing debates from being superficial or based on speculation. |
Scope and Coverage
The Act applies to public authorities, including central, state, local bodies, constitutional institutions, and any body “substantially financed or controlled” by the government.
All records in various formats (text, video, digital) fall under its ambit.
Section 4 mandates proactive disclosure: public authorities must publish key information (functions, duties, budgets, norms, etc.) without being asked.
Request & Response Process
A citizen “requests” information via a written (or electronic) application to the PIO.
The PIO must either deliver the information or reject it with valid reasons within 30 days (48 hours in certain cases).
If the request is rejected or delayed, the applicant can appeal to First Appellate Authority in that public body. If unsatisfied, the applicant can approach the State or Central Information Commission.
Exemptions (Section 8)
Section 8 lays down categories of information which may be withheld, e.g. national security, privacy, trade secrets, etc.
But the Act includes a “public interest override.” Even exempt information must be disclosed if public interest outweighs harm.
The Digital Personal Data Protection (DPDP) Act, 2023 weakens Section 8(1)(j) by broadly limiting disclosure of personal data without assessing public interest.
Information Commissions
Central Information Commission (CIC) and State Information Commissions (SICs) act as independent tribunals to handle appeals and complaints.
They can order disclosure, levy penalties on PIOs who delay or deny without valid reason, and monitor implementation.
However, appointments, removal, salaries, and terms of commissioners are subject to government rules (2019 amendment).
Significance of the RTI Act for IndiaCombating Corruption and Misuse of Power
RTI applications have exposed numerous instances of financial irregularities, such as diverted funds, stalled projects, and hidden scams.
Citizens have utilized RTI to scrutinize public works expenditures, uncovering phantom beneficiaries and inflated invoices.
High-profile cases like the 2G spectrum scam, along with various local-level frauds, were brought to light through RTI, generating public pressure for action.
The awareness that their actions can be scrutinized acts as a deterrent, encouraging officials to maintain ethical conduct.
Enhancing Service Delivery
Marginalized communities have leveraged RTI to monitor the implementation of crucial welfare programs, including the Public Distribution System (PDS), Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), and scholarship schemes.
Strengthening Citizen-State Engagement
RTI empowers citizens to actively participate in governance, transforming it from a top-down monologue into a dynamic dialogue between the state and its people.
Driving Institutional Reform and Data Culture
Public bodies are increasingly compelled to digitize records and proactively publish data, promoting a culture of internal transparency within government.
What Are the Emerging Challenges Facing the RTI Regime?
Institutional Weakening
Many Information Commissions are non-functional or lack leadership. Jharkhand and Himachal Pradesh commissions have been defunct since May 2020 and July 2025, respectively, and CIC is headless with only two commissioners. (Source: Indian Express)
Massive backlogs: over 4 lakh cases pending across various Commissions. (Source: The Wire)
Because of this, citizens wait months or even years for decisions—defeating the purpose of timely transparency.
Legislative and Regulatory Dilution
The 2019 Amendment gave the government discretion over terms and salaries of Information Commissioners. Many critics argue this undermines their independence.
The recent DPDP Act (2023) tightens the disclosure of personal data by prioritizing privacy, weakening the public interest clause under RTI’s Section 8(1)(j).
Reluctance to Impose Penalties
The RTI's main enforcement tool is the power to fine officials up to ₹25,000. However, commissions failed to impose penalties in 95% of eligible cases, signaling that RTI Act violations carry no serious consequences and fostering impunity among officials. (Source: Down To Earth)
These challenges are not due to mere loopholes but indicate institutional fatigue, political resistance, and erosion of democratic will.
Restore Independent Authority for Commissions
Fix tenure, salary, and removal procedure for Information Commissioners via a transparent statutory mechanism (not executive discretion).
Ensure full strength appointments—Strengthen internal capacity: adequate staff, infrastructure, digital tools.
Full Digitization & Proactive Disclosure
Mandate digitization of all records (past and current) in public authorities, enabling fast retrieval.
Enforce full implementation of Section 4: proactive publication of functions, budgets, audit reports, inspections, etc.
Build public dashboards to show scheme performance, tender data, delivery status in real time.
Capacity Building & Sensitization
Compulsory training for PIOs, appellate authorities, lower-level staff.
Awareness campaigns for citizens (especially in rural areas) on how to use RTI.
Tutorials, helplines, mobile apps to simplify submission.
Stronger Legal Protection & Incentives
Strict enforcement of the Whistle Blowers Protection Act, 2014 (or improved version), so RTI activists get security, anonymity, compensation.
Penalize malicious or unjustified denials—ensure that fines are realistic deterrents.
Incentivize compliance: recognizing proactive public authorities.
Clear Interface with Data and Privacy Laws
Amend or clarify Section 8(1)(j) to restore “public interest override” even when personal data is involved, with safeguards.
Develop guidelines to harmonize RTI with the DPDP Act, ensuring privacy does not become a blanket bar to accountability.
Performance Metrics and Public Reporting
Mandate annual comprehensive reports, published publicly, stating backlog, disposal rates, penalties, etc.
Introduce performance metrics for PIOs, including penalty history, timeliness, quality of responses.
Conclusion
The Right to Information Act (RTI), a vital democratic tool for accountability, is at risk due to institutional decay, legislative weakening, and threats to activists. To survive, it needs decisive reforms: independent commissions, digitization, activist protection, and legal clarity. Reviving RTI with political will ensures power remains with the people.
Source: INDIAN EXPRESS
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PRACTICE QUESTION Q. Examine the role of the RTI Act in tackling corruption and promoting economic efficiency. 150 words |
The definition of "information" is broad. It includes any material in any form, such as records, documents, memos, emails, opinions, press releases, and circulars. This material can be in any physical or electronic format.
Any citizen of India can file an RTI application. The Act does not provide for giving information to corporations, associations, or companies, though a citizen who is an office-bearer of such a body can file on their behalf.
The prescribed fee for an RTI application is ₹10 for central government public authorities. The mode of payment can vary and includes cash, a demand draft, or an Indian Postal Order. The fee may vary for state government bodies. Applicants in the Below Poverty Line (BPL) category are exempt from paying any fees.
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