The Right to Information (RTI) Act, passed in 2005, established Information Commissions across India as statutory bodies to resolve appeals and complaints regarding access to information. With over 2 million RTI applications filed each year, the functioning of these Commissions is vital for the RTI ecosystem.
Disposal of RTI Appeals and Complaints
Over 2.8 lakh appeals and complaints were filed with various Information Commissions in 2022-23.
- The disposal rate ranged from 83% in Maharashtra State Information Commission (SIC) to 42% in Uttar Pradesh SIC.
- The Central Information Commission (CIC) disposed 73,000+ cases out of 95,000+ cases received during the year, bringing down case pendency from 37,000 to 23,000.
- The Maharashtra SIC topped with disposing 21,000+ cases against 25,000+ filed. Kerala SIC resolved 18,500 appeals from 21,300 filed.
- In Punjab, while 5,800 fresh cases were filed, 5,600 were resolved.
- On the contrary, performance of some SICs on case disposals was unsatisfactory.
- The Uttar Pradesh SIC could dispose only 14,000 appeals out of 33,000 filed, adding to the backlog.
- 28,000 appeals remained pending with West Bengal SIC at the end of fiscal.
Imposition of Penalties Under RTI
Imposing penalties on errant Public Information Officers (PIOs) is an important mechanism to ensure time-bound provision of information under the RTI Act.
- Over 4,500 cases of penalty show cause notices were issued by various SICs in 2022-23.
- The Odisha SIC led by issuing 1,700 show cause notices to PIOs.
- Actual penalties were imposed on PIOs in 1,200+ cases by SICs across India.
- The Odisha SIC again topped by collecting Rs. 12.17 lakh in 350 penalty cases.
- This included a highest single penalty of Rs. 25,000 imposed on a PIO of Koraput Municipality for repeatedly denying information.
Other leading highlights
- West Bengal SIC collected Rs 5.47 lakhs by imposing 326 penalties
- Maharashtra SIC realized Rs 3.38 lakhs in 156 cases. 49 penalties were over Rs 25,000 each.
- Karnataka SIC collected Rs 1.32 lakh by penalizing 112 PIOs
RTI Awareness Campaigns by Information Commissions
- Generating RTI awareness is a core function of Information Commissions as it leads to more informed use of the Act.
- In 2022-23, over 150 RTI awareness camps and programs were organized by various SICs across India. For instance, the Punjab SIC covered 100+ colleges and universities during an extensive RTI sensitization drive.
- The Andhra Pradesh SIC launched a unique ‘RTI clinic’ in Visakhapatnam to assist citizens on filing applications.
- Many SICs including Odisha, Tamil Nadu, Rajasthan issued advertisements in newspapers and local magazines on the RTI Act in regional languages.
- Workshops focused on women, students and marginalized communities were also conducted by Haryana, Jharkhand and other SICs.
Staff Crunch in Information Commissions
The efficiency of Information Commissions is significantly impacted by staff shortages, which has been a perennial issue.
- Central Information Commission was functioning with just 60% staff capacity in 2022-23 – against the sanctioned force of 175 officers, there were 99 officers posted. This severely constrained its ability to dispose cases faster.
- In the Maharashtra SIC, 43 of 96 officer level positions were vacant amounting to 55% shortage.
- The West Bengal SIC was relatively better off but still operated with 57 officers against sanctioned strength of 100, a 43% gap. Shortage also plagued SICs of other states like UP, Bihar, Madhya Pradesh.
Use of Technology by Information Commissions
Many Information Commissions boosted use of technology in 2022-23 for improving efficiency in case redressal.
- A highlight was the Karnataka SIC launching a dedicated online portal for filing and tracking RTI appeals. This portal enabled faster registrations and halved the case backlog.
- Over 85% of the 16,000 cases filed were through this portal.
- The Kerala SIC also successfully transitioned to online-only filing via its website. This minimized paperwork and eased tracking.
- Daily hearings through video-conferencing were also intensified bringing huge convenience to appellants.
- Across India, over 5 lakh RTI cases were disposed by Information Commissions through virtual hearings alone during 2022 reducing need for physical appearances.
Record Management and Transparency
While most SICs published updated annual reports on time which strengthened transparency around their functioning, record management by Information Commissions continued to be an area needing attention.
- Based on poor tracking of appeals and lack of digitized records, the Telangana SIC faced the brunt of state High Court which directed it to get its house in order within 3 months.
- The Central Information Commission won praise for its prompt annual report publication and relatively better use of online systems for managing case details. But concerns remained about digitization of its past records.
In 2022-23, while some parameters like disposal rates, penalties imposed and use of technology saw positive movement across Information Commissions, systemic issues around vacancies, record management continue to hamper their output. With more staff and investment in e-governance solutions, Information Commissions can play a pivotal role in unlocking the full potential of the RTI regime in empowering citizens and enhancing transparency. Greater focus is also needed on public outreach for generating mass RTI awareness.