Right to Information: Achievement and Challenges

The Right To Information refers to the right to seek details of any government work. It ensures that every citizen shall have the legal right to “access information under the control of public authorities” in accordance with the definitions specified in the act. It aims at promoting transparency and accountability in the working of every public authority across India. Under this act, all citizens who are Indian nationals can apply for information requests anonymously. The RTI Act has given people the opportunity to participate in their own governance. It has given them the confidence to hold their governments accountable. It has helped to create a participatory democracy.

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.