Background of the Right to Information

The RTI Act came into existence in 2005. Before this, it was not a part of fundamental rights under Article 19 of the Indian Constitution. The original Constitution did not explicitly mention the right to information. During British rule, administrative secrecy was deeply ingrained, reinforced by the Official Secrets Act, 1923, which kept bureaucratic decisions and government affairs hidden from the public. Even after independence, this secrecy culture persisted, preventing citizens from knowing how their money was being spent.

Several landmark Supreme Court judgments gradually laid the foundation for the RTI Act:

1. Raj Narain vs. State of Uttar Pradesh (1975): The Supreme Court ruled that the public has the right to know what the government is doing, as it is part of their fundamental rights.
2. S.P. Gupta vs. Union of India (1982): The Court emphasized that public access to information is necessary to ensure government accountability.
3. PUCL vs. Union of India (2003): The Court held that voters have the right to know the criminal background, assets, and education details of candidates they are electing, linking it to the right to informed voting.

Through these judgments, the Supreme Court linked the right to information with Article 19(1)(A), which guarantees freedom of speech and expression. Without access to accurate information, the right to free expression becomes meaningless.

Why Was the RTI Act Needed?

While Supreme Court judgments recognized RTI as a fundamental right, it was not effectively implemented in the absence of a clear legal framework. There was a need for a systematic process to obtain information, which led to the enactment of the RTI Act in 2005.

The RTI Act provides a structured mechanism for citizens to seek information about government actions and decisions. If information is denied, there is a clear process for appeal. However, certain provisions of the Act also restrict access to sensitive information related to national security and confidentiality.

Legal Recognition of RTI

Although the Supreme Court acknowledged RTI as a fundamental right under Article 19(1)(A), there were no concrete guidelines for its implementation. Just declaring a right is not enough; a legal framework is required to ensure its enforcement.

To address this, the RTI Act introduced a three-tiered appeal system:

1. If an officer does not provide the requested information, an appeal can be filed with the respective department’s Appellate Authority.
2. If the issue is still unresolved, the case can be taken to the State Information Commission or the Central Information Commission.
3. If the Information Commission fails to provide satisfactory relief, the applicant can approach the High Court or the Supreme Court.

This structured system ensures accountability and enhances transparency in governance.

RTI Application Process

The RTI Act was designed to make public information easily accessible to citizens. Any person can seek information from a public authority.

Public authorities covered under RTI include:

• Government institutions: Ministries, departments, PSUs, municipal corporations, panchayats, etc.
• Constitutional bodies: Election Commission, Information Commission, Human Rights Commission, etc.
• Government-funded institutions: NGOs and private institutions receiving government grants.
• Legally established bodies: Entities created by Parliament or state legislatures.

Filing an RTI Application:

• Applications can be submitted in writing to the relevant public authority, clearly specifying the required information. It can be submitted physically or via postal mail.
• Online applications can be submitted through platforms like rtionline.gov.in for central government departments.

Response Timeline and Appeal Process:

• Every department has a designated Public Information Officer (PIO) responsible for handling RTI applications. PIOs must provide the requested information within 30 days.
• If information is denied or delayed, the applicant can file an appeal.
• The first appeal is filed with the department’s Appellate Authority within 30 days.
• If unsatisfied, a second appeal can be filed with the State or Central Information Commission.
• If the issue remains unresolved, it can be escalated to the High Court or Supreme Court.

Exemptions Under the RTI Act

Although RTI promotes transparency and accountability, certain exemptions exist under Sections 8 and 9 of the Act, including:

1. National security and sovereignty: Information related to intelligence agencies, military operations, and cybersecurity.
2. Judicial confidentiality: Court-sealed information cannot be disclosed.
3. Parliamentary privileges: Certain legislative proceedings remain confidential.
4. Executive deliberations: Confidential advice given to the President or Governor.
5. Prosecution and law enforcement: Information that could impact ongoing investigations.
6. Personal privacy: Protection of private individual data.
7. Foreign relations: Details of international agreements and diplomatic negotiations.
8. Commercial secrecy: Sensitive business documents affecting market stability.
9. Official Secrets Act, 1923: Classified information deemed secret by law.

These exemptions are necessary to balance transparency with national security and individual privacy.

Impact and Achievements of RTI

Since its enactment, the RTI Act has significantly impacted Indian democracy:

1. Increased transparency: Citizens can access government records, reducing opacity in governance.
2. Enhanced accountability: Public officials are more responsible, knowing that their actions are subject to scrutiny.
3. Curbing corruption: RTI has exposed major scams, including the 2013 coal scam and 2010 Commonwealth Games scam.
4. Improved governance: Policies and schemes have become more citizen-friendly due to public oversight.
5. Social empowerment: Citizens can question government actions, leading to better implementation of welfare programs.
6. Breaking secrecy culture: RTI has weakened the legacy of bureaucratic secrecy inherited from British rule.
7. Policy improvements: Government policies have been refined based on RTI disclosures and public feedback.

Amendments and Controversies

The RTI Act was amended in 2019, leading to concerns about reduced autonomy of Information Commissions. Key changes include:

1. Control over Information Commission: The government now decides the tenure, salary, and conditions of Information Commissioners, reducing their independence.
2. Uncertain tenure: Previously fixed at five years, now subject to government discretion.
3. Removal process changes: Earlier, Supreme Court judges investigated removal cases; now, the government can directly recommend removals.

These amendments sparked concerns that the government may exert influence over RTI decisions, weakening transparency.

RTI and Political Parties

There has been an ongoing debate about the Right to Information (RTI) Act and transparency in political parties. The RTI Act of 2005 aims to ensure transparency and accountability in government functioning.

However, the issue of bringing political parties under the RTI Act has been controversial. In 2013, the Central Information Commission (CIC) ruled that major national political parties should be considered public authorities under the RTI Act. However, these parties rejected the decision and appealed against it.

Political parties argue that they are not government bodies and, therefore, should not be brought under the RTI Act. On the other hand, transparency advocates believe that since political parties use public funds and resources, they should be subject to this law.

The government also introduced an amendment bill in 2013, proposing to keep political parties out of the RTI's scope, but it was not passed. The debate continues in courts and among civil society organizations.

If political parties are brought under the RTI Act, it could lead to greater transparency in election funding, decision-making processes, and internal operations.

Conclusion

The RTI Act has played a vital role in strengthening democracy by making governance more transparent and accountable. Despite challenges and amendments, it remains a powerful tool for citizens to question the government and ensure responsible governance. Proper use of RTI can bring positive change, making it an indispensable pillar of a vibrant democracy.

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