A recent report by Satark Nagrik Sangathan and the Centre for Equity Studies reveals a worrying backlog of over 2.2 lakh Right to Information (RTI) cases awaiting resolution at the Central and State Information Commissions (ICs). These are the final courts of appeal under the RTI Act, 2005. The findings were released upon the fifteenth anniversary of the RTI Act.
Impact of Covid-19: Unavailability and Inaccessibility
Out of the total of 29 ICs studied, 21 were not conducting any hearings due to the Covid-19 pandemic. Furthermore, 3 ICs, Bihar, Madhya Pradesh and Nagaland, had inaccessible websites during the lockdown, while 11 out of 29 had no information about their functioning during this period. It is apparent that the pandemic hampered the operation of these institutions significantly.
Reduced Capacity: High Level Vacancies
In another concerning finding, two ICs, Jharkhand, and Tripura, were completely defunct as they had no commissioners for varying lengths of time. Additionally, four ICs – from Bihar, Goa, Rajasthan, and Uttar Pradesh – were operating without a Chief Information Commissioner. The RTI 2005 act stipulates that each commission should have one chief and up to ten commissioners to function optimally.
Delays and Backlogs: A Closer Look
The study found that it took the CIC an average of 388 days, or over a year, to dispose of an appeal or complaint. The most substantial number of pending appeals, more than 59,000, were in Maharashtra, followed by Uttar Pradesh and the Central Information Commissions (CIC).
Accountability: The Absence of Penalties
Another alarming revelation from the report is the lack of penalties imposed on Government officials for violating the law. Despite prior analyses showing a 59% violation rate, penalties were only imposed in 2.2% of resolved cases.
Amendments to the RTI Act (2019): Points to Consider
The RTI Amendment Act of 2019 brought about several significant changes. The term of office, salary, allowances and other service conditions for the Chief Information Commissioner and Information Commissioners are now decided by the Central Government, and provisions regarding salary deductions due to pension or other retirement benefits from prior government service have been removed.
These amendments were met with criticism as they are perceived as diluting the law and providing the Central Government with more power.
The Central Information Commission (CIC) Explained
Established by the Central Government in 2005, the CIC is not a constitutional body but plays a vital role in processing RTI requests. It consists of a Chief Information Commissioner and up to ten Information Commissioners, appointed by the President. As of 2019, the commission has six serving Information Commissioners.
Recommendations for Improving the RTI System
Several recommendations have been made to address these issues:
– Ensuring timely appointments of IC chiefs and members
– Prioritizing cases dealing with life and liberty information
– Digitisation of records
– Online filing of RTI applications
The Way Forward
During Covid-19, the role of Information Commissions is crucial for ensuring access to necessary information. Democracy is about governance ‘by the people, for the people’ – to truly achieve this, the state must recognize the importance of an informed public. Therefore, underlying issues related to the RTI Act must be resolved promptly.
