INTRODUCTION
The Right to Information (RTI) Act 2005, is a piece of legislation in India which is not just a legal framework but also a transformative governance tool. It was enacted to empower citizens with public access to information. This was to enhance transparency, responsibility and accountability of public officials. It has improved governance by exposing corruption and negligence and thereby has also contributed to strengthening democratic principles. Initially, the RTI Act replaced the Official Secrets Act 1923, which limited public awareness of certain State activities.[1] The RTI Act allows citizens of India to be active participants in society. Every citizen can apply as per section 6(1) of the Act.[2], requesting information about various matters, such as government policies, orders and notifications, budget allocations, expenditure reports, employee details and service records, public welfare scheme progress reports, status and updates on infrastructure projects, official emails and correspondence records, complaints and actions taken, pending cases, copies of official documents, etc. The Act also established Information Commissions at the state and national levels to hear appeals and address grievances related to non-disclosure of information. This blog looks at the advantages of the Act and the challenges it faces with changing times.
SIGNIFICANCE OF THE RTI ACT
Political Accountability: The RTI Act, 2005, is major in bringing political accountability. This is of great importance because it helps in exposing corruption, mismanagement, and inefficiencies in government and its subsidiaries. It is important to identify such problems in bureaucracy as it affects the public and its working to a large extent. The famous Adarsh Housing Scam of 2010 was revealed through an RTI application[3]. The illegal appointment of flats to bureaucrats and powerful public authorities came to light with one RTI application, which led to the resignation of senior officials, and even the then Chief Minister of Maharashtra, Mr. Ashok Chavan. The CBI and Enforcement Directorate (ED) investigated the matter, and in the meanwhile, several people were acquitted. However, the matter is still pending before the Bombay High Court.[4]
Social Movements: RTI applications have been a great help to social activists who constantly render awareness programmes and enhance public participation in social movements. This prevents arbitrariness and acts as a reminder to the State that power is indeed in the hands of the people. Whether it’s environmental issues, corruption in welfare schemes, or educational policies, RTI applications have helped people question the actions of the government and keep track of its work. The 2G spectrum scam of 2008 was uncovered by many RTI applications filed by activists. This revealed how spectrum prices were being sold at a very low cost, and this resulted in the resignation of the then Telecom Minister A Raja.[5]
Assistance to Journalists and Researchers: RTI applications are also key references and sources of information for media personnel. Just like the social activists, RTI applications majorly help in uncovering untold and unknown facts through mass media and academic research. These can be used as primary sources of information or as verification references. Journalists regularly use RTI to access documents, gather data, and validate information for investigative reports. Often considered the fourth pillar of democracy, journalists, unlike activists and influencers, have an additional inherent responsibility to spread awareness about things unknown to the public. Stories of corruption, inefficiency and maladministration, often left unnoticed by the public, might get attention and cognizance. Very recently, in October 2024, four MLAs were booked by the police for misuse of Members of Parliament Local Area Development Scheme (MPLADS) funds in Bengaluru that were meant to be allocated for local development projects. This information was derived with the help of RTI applications filed by journalists. [6]
Evidence in Court: RTI application responses are very often used in civil and criminal matters as evidence. Whether it is used as the crux of the entire argument or just as a supporting document, RTI responses are admissible in Courts to help reveal important facts. Cases relying on numbers and facts have especially used RTI applications, which have proved to be great sources of evidence. The Medical Seat Blocking Scandal in private medical colleges unveiled a great amount of benefit the Karnataka Examination Authority was enjoying at the cost of many medical aspirants’ family funds. This data was used in courts as this information led to the filing of many cases against the authorities and the admission processes.[7]
CHALLENGES FACED BY THE RTI ACT
Undue Delay in Response: Many people have complained that sometimes the response to an RTI application takes a long time. The general time limit as per section 7(1)[8] of the Act is 30 days (it may differ based on the type of request). There have, however, been complaints that the time limit was not met. This causes frustration among people, and they end up losing faith in the Act itself. Recently, backlogs and delays in Telangana became a matter of concern to its RTI reputation.[9]
Non-Compliance: In some cases, public officials ignore or refuse to respond to RTI applications. Although penalties exist for such behaviour, enforcement remains weak in certain instances. An appeal is the way forward for such discrepancies. But even so, unreasonable non-compliance sets a bad precedent. As understood previously, RTI applications are useful in various circumstances, and a failure on the part of the authorities may ruin the purpose of the application.
Misuse of the Act: There are surprisingly a large number of examples available for misuse of RTI Applications. Like any other law meant to enhance the quality of life, this Act has also been blatantly and repeatedly misused. It is often done to threaten or harass public authorities or particular officers with malicious intentions. The Act is also misused by filing applications to seek information immaterial to the public interest. A recent case at the Punjab-Haryana High Court, Pardeep Kumar v. State of Haryana (2024), dealt with how the petitioner and his father constantly threatened several educational institutions by filing RTI applications against these institutions. After finding out details through RTI application, they would then call the institutions and blackmail them to pay ransom amounts of up to Rs.50 lacs, failing to do so would lead to the petitioner harming the reputation of the institutions. A series of recorded conversations were taken into consideration, which clearly and infallibly established that the petitioner and his father had blatantly misused the RTI Act, 2005, to extort money in the garb of seeking donations. The Hon’ble court held that even though the institution had violated certain norms, it was also established that the petitioner had, beyond reasonable doubt, misused the RTI Act to extort money, which made a prima facie offence.[10]
RTI in the digital era: Over the past few decades, rapid development in technology has led to various reforms in every field. Whether it is paying for commodities, applying for a driver’s licence or even fixing mistakes on Voter ID and Aadhaar Card, everything can be done through digital means. Likewise, RTI applications can also be filed online. The Supreme Court in 2023 passed an order directing all State governments, Union Territories and High Courts to set up online RTI portals in case it had not been done yet. This was a response to a petition seeking online portals in all High Courts and District Courts. When government organisations themselves fail to provide information, people can approach Information Commissions. The Supreme Court had in 2023 given three months for all the High Courts, State governments and UTs to set up online platforms, only to remind and seek the status of the matter from them again in September 2024.[11] The proper execution of online portals is crucial for good and extensive access.
CONCLUSION
The Right to Information Act, 2005, has been instrumental in ensuring that the Indian government is held accountable to its citizens. Like every other Act, perfectly well-written legislation remains useless without proper implementation. The Right to Information, as discussed previously, has significant pros and stands as one of the bricks supporting the wall of Indian Democracy. However, lack of coordination between States and the Centre, ignorance from public authorities, misuse by people and technological difficulties hinder its very purpose. Apart from just the application, when public authorities do not have RTI portals or do not respond or receive applications, people are free to go to Information Commissions. To support this Act and people who use it to expose corruption and other illegal activities, the Whistleblower Protection Act, 2013 was also enacted. But problems such as non-compliance, which must be dealt with by efficient and strong enforcement, have a long way to go, and promoting and expanding access to information through digital means while also carefully balancing the need to ensure that the privacy of individuals is not compromised, is still in progress. Thus, a stronger, more cooperative system of execution and implementation must be adopted to ensure that the purpose of the Right to Information Act, 2005, is satisfied.
Author(s) Name: Namratha M (School of Law, CHRIST(Deemed to be University), Bengaluru)
References:
[1] Varsha Khanwalker, ‘The Right To Information Act In India: Its Connotations And Implementation’ (2011) 72(2) The Indian Journal of Political Science 387–393 <http://www.jstor.org/stable/42761423> accessed 20 January 2025
[2] Right to Information (RTI) Act 2005
[3] Vaidehi Tandel et al., ‘Vulnerabilities of Institutional Checks in Indian Federalism: The Case of the Adarsh Society Scam in Mumbai’ (2014) 13(2) India Review 112 <http://dx.doi.org/10.1080/14736489.2014.904152> accessed 20 January 2025
[4] ‘What is the Adarsh Scam?’ The Indian Express (22 December 2017) <https://indianexpress.com/article/what-is/what-is-the-adarsh-scam-4994206/> accessed 21 January 2025
[5] ‘2G spectrum scam: Here’s all you want to know about it’ India Today (21 December 2017) <https://www.indiatoday.in/education-today/gk-current-affairs/story/all-about-the-2g-spectrum-scam-1113151-2017-12-21> accessed 21 January 2025
[6] ‘Four booked for alleged misuse of MPLADS funds in Bengaluru’ The Hindu (10 October 2024) <https://www.thehindu.com/news/national/karnataka/four-booked-for-alleged-misuse-of-mplads-funds-in-bengaluru/article68737872.ece> accessed 21 January 2025
[7] Sunitha Rao R, ‘Medical Seat-Blocking Scandal leaves Karnataka Examination Authority richer by 40 crore’ The Times of India (15 February 2020) <https://timesofindia.indiatimes.com/city/bengaluru/seat-blocking-scam-leaves-kea-richer-by-rs-40-crore/articleshow/74142033.cms> accessed 21 January 2025
[8] Right to Information (RTI) Act 2005
[9] Syed Mohammed, ‘Long delays in responses undermine Telangana’s RTI framework’ The Hindu (21 November 2024) <https://www.thehindu.com/news/national/telangana/long-delays-in-responses-undermine-telanganas-rti-framework/article68889879.ece> accessed 21 January 2025
[10] Pardeep Kumar v State of Haryana [2024] 2024:PHHC:055812
[11] Anmol Kaur Bawa, ‘Supreme Court Seeks Response From States/UTs On Compliance Of Directions To Set Up Online RTI Portals’ (Live Law, 23 September 2024) <https://www.livelaw.in/top-stories/supreme-court-seeks-response-from-statesuts-on-compliance-of-directions-to-set-up-online-rti-portals-270439> accessed 21 January 2025
