RTI act vital in fostering a citizen-centric governance model: Dr Jitendra Singh

RTI in India:

The Right to Information (RTI) Act of 2005 is a transformative legislation in India that allows citizens to access information from public authorities, promoting government transparency, accountability, and responsiveness.
Key Features of the RTI Act:
1. Access to Information:Citizens can request information from public authorities on matters of public interest, including government records, policies, and actions.
2. Public Authorities: The Act applies to central, state, and local governments, public sector enterprises, and NGOs funded by the government.
3. Time-Bound Response:Authorities must respond within 30 days (or 48 hours in cases involving life or liberty). Delayed responses allow for appeals.
4. Exemptions: Certain information, such as national security-related details or matters impacting privacy and investigations, is exempt. However, information may still be disclosed if deemed in the public interest.
5. RTI Fees: A nominal fee (typically Rs. 10) is charged for filing applications, with additional costs for copies or printouts.
6. Appeals and Complaints:Dissatisfied citizens can appeal to a First Appellate Authority and, if unresolved, can approach the Central Information Commission (CIC) or State Information Commissions.
7. Information Commissions:These quasi-judicial bodies oversee RTI implementation, can order disclosures, and impose penalties for non-compliance.

Central Information Commission composition and members:

1. Appointment: The Central Information Commission consists of a Chief Information Commissioner and up to ten Information Commissioners. They are appointed by the President of India based on recommendations from a committee, which includes the Prime Minister (Chairperson), the Leader of the Opposition in the Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister.
2. Chief Information Commissioner (CIC): Appointed by the President of India for a term of 3 years or until 65 years of age, the Chief Information Commissioner oversees the CIC and handles RTI appeals.
3. Information Commissioners: Up to 10 members assist the CIC, with a term of 3 years or until 65 years of age.
4. Qualifications: Must be eminent in law, governance, or public administration. Must be impartial, with no political affiliations.

Key features of the RTI Act:

1. Access to Information: Citizens can request information from any public authority, which encompasses government departments, agencies, and government-funded NGOs.
2. Transparency: The Act aims to enhance transparency in government operations, ensuring that citizens are informed about governmental actions, decisions, and policies.
3. Accountability: It holds government bodies accountable to the public by mandating timely and accurate responses to information requests.
4. Timely Response: Public authorities must respond to RTI requests within 30 days. For requests concerning life or liberty, the response time is reduced to 48 hours.
5. Written or Electronic Requests:Citizens can submit RTI requests in writing or electronically, allowing for greater accessibility and convenience.
6. Appeals:  If a citizen is dissatisfied with the Public Information Officer’s response, they can appeal to the First Appellate Authority (FAA), and if still unresolved, escalate the matter to the Information Commission at the state or central level.
7. Central/State Public Information Officer:The Central Public Information Officer (CPIO) or State Public Information Officer (SPIO) is designated to handle RTI requests, ensuring the effective implementation of the Act by providing the requested information or directing requests to the appropriate authorities.

RTI milestone in Achieving citizen-centric governance:

1. Empowering Citizens: The RTI Act empowers citizens to request information from public authorities, promoting transparency and accountability. With over 6 million RTI applications filed annually, it encourages active public participation and ensures government actions are scrutinized, fostering a more informed citizenry.
2. Mining Activity in Meghalaya: RTI exposed illegal mining in Meghalaya, revealing environmental damage and prompting stricter regulations and government intervention.
3. Puja Khedkar – RTI Activist:Puja Khedkar used RTI to uncover fraud in government schemes, leading to the exposure of misappropriated funds and reforms to prevent corruption.
4. Delivery of Public Goods (PDS):RTI improved transparency in PDS, recovering over ₹200 crore of misallocated supplies in states like Rajasthan and Bihar, ensuring better food security.
5. Making Local to Central Officials Accountable:RTI holds officials accountable at all levels. In 2019, over 90,000 appeals were filed to the Central Information Commission, challenging non-disclosure of information.
6. Upholding Fundamental Rights: RTI ensures transparency in governance related to health, education, and welfare. The Supreme Court has upheld it as a key tool for protecting democratic rights.

Stifling RTI over the years:

1. Appointment and Tenure in Security (2019 Amendment): The 2019 amendment to the RTI Act reduced the tenure of Information Commissioners and gave the government more control over their appointments, weakening the independence of the RTI regime.
2. Delay in Appointment:Delays in the appointment of Information Commissioners at central and state levels have created backlogs, causing slower responses and undermining the effectiveness of the RTI process.
3. Misuse of Public Interest Provision:The public interest provision of the RTI Act has been misused to deny information under the guise of national security or public interest, limiting transparency.
4. Manpower Shortages: The lack of adequate staff in the Information Commissions has led to significant delays in processing RTI requests and appeals, affecting the overall efficiency of the system.
5. Denial of Information: Many government departments, including the Ministry of Home Affairs, have increasingly rejected RTI requests or provided incomplete information, restricting access to vital data.
6. High Penalties for Non-Compliance:The imposition of hefty penalties on public authorities for non-compliance with RTI rules has led to a more defensive approach, with authorities either avoiding or delaying responses to requests.
7. Increased Use of Exemptions:Authorities have increasingly invoked exemptions like national security or foreign relations to avoid disclosing information, often without proper justification, limiting transparency.

Strengthening RTI:

1. Timely Appointments:Ensuring timely appointments of Information Commissioners at both central and state levels can reduce backlogs and improve the efficiency of the RTI process.
2. Restoring Independence:Reversing the amendments that reduced the tenure of Information Commissioners and gave the government more control over appointments would help preserve the independence of the Information Commissions, which is crucial for ensuring transparency and accountability.
3. Improved Training and Staffing:Addressing the manpower shortages by increasing the number of trained staff within the Information Commissions would expedite the processing of RTI applications and appeals.
4. Minimizing Misuse of Exemptions:Ensuring that exemptions under the RTI Act are used judiciously and not as a blanket excuse to deny information would enhance the Act’s transparency goals.
5. Stronger Enforcement and Penalties: Strengthening enforcement mechanisms and ensuring that penalties for non-compliance are effectively applied would reduce the tendency of public authorities to delay or withhold information.
6. Public Awareness Campaigns:Increasing public awareness about the RTI Act and its benefits can encourage more citizens to use the Act and hold public authorities accountable for their actions.
7. Digitization of RTI Processes: Digitizing the RTI filing and appeal processes can make it more accessible, reduce delays, and ensure greater transparency in handling requests.

Conclusion

The RTI Act remains a powerful tool for ensuring government transparency and accountability. However, over the years, various challenges have emerged that threaten its effectiveness, including delays in appointments, misuse of exemptions, and staffing shortages. By addressing these issues and strengthening the legal and procedural frameworks around the RTI Act, India can continue its journey toward a more transparent and accountable governance system, ultimately achieving the goal of a “Viksit Bharat” (Developed India).

Prelims Question: