Right to Information: Achievement and Challenges

Achievements and Challenges: 2G spectrum scam, Coal Gate scam etc.

The Right to Information Act, 2005

The Right to Information Act, 2005 ( Act 22 of 2005) protects citizens’ right to learn about the functioning of their government, its decisions and how they are financed. The Act, enacted by the parliament and brought into force on 15 June 2005, empowers every citizen with the right to seek information from any public authority.

All universities and colleges established by parliamentary laws or orders, by state legislatures or by notification by the appropriate government ministries that are funded directly or indirectly by the governments shall fall under the auspices of the Right To Information Act.

Objectives of the RTI Act

To provide citizens with a legal framework for accessing information

To push public authorities to be more accountable, hence eliminating corruption

To reconcile contradictory claims and prioritise government operations and resource allocation

To keep democracy’s values alive

Significance of the RTI Act

As per several SC judgments, RTI is a fundamental right flowing from Articles 19 & 21 of the Indian Constitution. Article 19 guarantees citizens the freedom of speech and expression whereas Article 21 confers the Right to Live upon all citizens of India

Citizens can inspect government documents and request information from the government under the RTI Act

One can access a plethora of information from government-owned sources and any state or central government organisation

RTI is essential to the smooth operation of a healthy democracy

The information that the RTI acts gather can be useful in making the government accountable and for other purposes that would help society

Around 6 Million RTI applications are filed annually. This strongly indicates that it is one of the most prominently used freedom of information legislations in any country globally

These RTI applications seek information pertaining to numerous issues, ranging from ensuring accountability regarding basic rights to entitlements to holding the country’s highest offices accountable for their actions

The RTI Act has been used by thousands of people worldwide to request government information regarding corruption, human rights violations and bad practises by officials

RTI Act 2005 – important provisions

Section 2(h): “Public authorities” refer to all government agencies at both the local and union levels, including subordinate state and local bodies such as city councils. This includes public institutions like government schools, colleges etc. Private associations that accept funding from central or local governments must also follow certain requirements under the RTI Act

Section 4(1)(a): The Government holds all of its records in a central, well-organised archive. They are painstakingly catalogued and cross-referenced so that anyone seeking information can grab it right away

Section 4(1)(b): The government is responsible for maintaining and disclosing information in a timely manner

Section 6: A person who desires to obtain any information shall make a request to the Public Information Officer (PIO)

Section 7: PIOs must provide information(s) within a stipulated time range

Section 8(1): Information, disclosure of which would prejudicially affect the sovereignty and integrity of India or lead to incitement of an offence, shall not be disclosed

Section 19: A two-tiered appeals system is in place

Section 20: Stiff penalties for public servants who fail to provide or deliberately hinder access to information

Achievements

RTI is one of the first acts to have significantly boosted government accountability and transparency towards citizens. RTI makes it possible for anyone to ask questions of the government and receive an answer, which gives ordinary citizens more confidence and respect from their authorities

RTI’s primary goal is to ensure that public records are correctly maintained and available all the time for public access

RTI places a strong emphasis on a citizen-centred approach

RTI act ensures effective access of information across all levels of public governance

Every year, about 60 lakh applications are filed under the RTI Act

Challenges

Misuse of the act: It is observed that many people have misused the RTI Act as the locus standi rule does not apply, and no reasons for seeking information are required

Delay in process and huge backlog: The Right to Information Act is revolutionary, in that one has the right to ask for information from a public authority and is entitled to a response within a fixed time with penalties in the event of delayed response; this reduces its efficiency and effectiveness

Law dilution: According to the RTI Act (Amendment) Act, 2019, the Central government has the authority to alter the terms of services within which State Information Commissions are to operate

Low awareness: In India, people are mostly unaware of their rights and responsibilities

No enforceability: If a public authority fails to comply with the existing provisions of the RTI Act, any citizen can complain about such behaviour to an Information Commission. The commission may then give directions to rectify such noncompliance but is not allowed to take any measures if those directions are violated

Mismanaged Applications: RTI filed by many applicants on the same subject usually results in higher RTI pendency and burden of work on PIOs

Conclusion

The RTI Act is a powerful tool that allows citizens to seek information from public authorities. It has opened up the space for transparency and accountability in governance, which India has always aspired to achieve. It has provided people with the power to fight corruption and has given them hope. It has also given them faith in the system, enabling them to come forward, take responsibility and demand change.