The Right to Information (RTI) Act, a groundbreaking legislation in India, is currently under scrutiny for its lagging performance. Despite many years of being operational, there are still increasing backlogs and a lack of transparency that need addressing urgently. Hence, the concept of RTI as a tool for promoting transparency and accountability is under review.
The Growing Backlog in Information Commissions
In recent years, the volume of pending appeals and complaints related to the RTI Act has been steadily increasing. Currently, nearly 3.15 lakh cases are pending with 26 information commissions across India. The number of pending appeals and complaints grew from 2,18,347 in 2019 to 3,14,323 in 2022. The highest number of these pending cases are in Maharashtra, Uttar Pradesh, and Karnataka.
Issues with Defunct Information Commissions
Of the existing 29 information commissions across the country, two are completely defunct, four are without heads, and only 5% of the positions are filled by women. The situation is most alarming in Jharkhand and Tripura, being entirely defunct for 29 and 15 months respectively. Manipur, Telangana, West Bengal, and Andhra Pradesh are operating without chiefs, adding to the inefficiency.
Negligence in Imposing Penalties
The commissions have failed to impose penalties in 95% of the cases where penalties could have been enforced. This demonstrates a lack of action against non-compliance, leading to more violations.
Slow Case Disposal and Lack of Transparency
Many commissions have been flagged for their tardy disposal rates and lack of transparency in their operations. Furthermore, the e-filing facility for RTI applications is provided by only 11 out of 29 information commissions, and only five of these are functional.
Understanding the Right to Information (RTI) Act
The RTI Act of 2005 mandates a timely response to citizen requests for government information. It was designed to empower citizens, promote transparency and accountability in government operations, contain corruption, and enhance democracy’s functioning. The act underwent an amendment in 2019 that shifted the powers related to the appointment and terms of the Chief Information Commissioner and Information Commissioners towards the Central Government.
Challenges in RTI Implementation
Several key challenges impair the effectiveness of the RTI Act. These include non-compliance in proactive disclosure by public authorities, a hostile approach by Public Information Officers towards citizens, ambiguity in defining public interest and right to privacy, rejection of information requests on important matters, and threats against RTI activists and applicants.
Insight into the Central Information Commission
The Central Information Commission, established by the Central Government in 2005 under the RTI Act, constitutes a Chief Information Commissioner and up to ten Information Commissioners. The President appoints them based on a committee’s recommendation involving the Prime Minister and other key figures. Their tenure is decided by the Central Government or until they attain 65 years.
The Way Forward
For the RTI law to be effective, proper functioning of information commissions is vital. Transparency in their operations is paramount. Digitising the system can result in more efficient and citizen-friendly services, benefiting both the transparency seekers and the government.
Last Modified: February 18, 2024