A recent analysis of the Central Information Commission’s annual data for 2019-20 shows that the Centre rejected a mere 4.3% of all RTI requests – the lowest rejection rate recorded so far. This number has steadily declined from a 13.9% rate in 2005-06, with a significant plunge witnessed post the 8.4% spike in 2014-15.
A Glimpse at Rejections without Reason
An alarming 40% of the rejections failed to provide a valid reason, given that they did not invoke any of the permissible exemption clauses stipulated in the RTI Act. Such rejections fall under the ‘Others’ category in the CIC data. The Finance Ministry alone is responsible for rejecting 40% of its total RTI requests without a legitimate reason under the Act. Moreover, the Prime Minister’s Office, the Delhi High Court, the Comptroller and Auditor General, among others, accounted for over 90% of unspecified refusals.
Who Rejected the Most?
The Home Ministry emerged as the top rejecter, declining 20% of all received RTIs. Meanwhile, the Delhi Police and the Army marked increases in their rejection rates as well.
Why are RTI Requests Rejected?
The main reasons for rejecting the RTI requests can be found under Section 8(1) of the act, which provides exemption from disclosing information that relates to national security, strategic interests, individual safety, ongoing investigations or personal data unrelated to public activity. About 46% of permissible rejections used Section 8(1) as grounds for refusal.
Description of Other Exemption Sections
Section 9 empowers the designated officers to reject a request if it involves infringement of copyright, while Section 24 exempts information concerning security and intelligence organisations, barring allegations of corruption and human rights violations. About 20% of permissible rejections fell under this category.
Amendments in RTI Act, 2019
The Right to Information (Amendment) Act, 2019 revised the terms of office, salary structure, and service conditions for the Chief Information Commissioner and Information Commissioners (at both Centre and States). It also removed provisions regarding deductions in their salaries due to previous retirements benefits.
The Central Information Commission: A Brief Account
The Central Information Commission (CIC) was established in 2005 by the Central Government under the Right to Information Act (RTI). The commission is not a constitutional body and comprises of a Chief Information Commissioner along with up-to-ten Information Commissioners. As of 2019, there were six Information Commissioners apart from the Chief Information Commissioner.
Appointment and Tenure of Information Commissioners
Information Commissioners, including the Chief Information Commissioner, are appointed by the President based on the recommendations of a committee led by the Prime Minister, with the Leader of Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister as its members. The tenure of these officials is determined by the Central Government until they attain the age of 65 years.
The Role of CIC
The Central Information Commission is tasked with receiving and investigating complaints regarding RTI requests. The commission also has the authority to initiate an inquiry into any matter if reasonable grounds exist. While conducting an inquiry, it possesses the same powers as a civil court.
