UPSC Editorial Analysis: Strengthening Transparency through RTI

General Studies-2; Topic: Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Introduction

• The Right to Information (RTI) Act is one of the most important democratic reforms in India, designed to promote transparency, accountability, and citizen empowerment.
• Recently, the Supreme Court of India has stressed the urgent need to revive and reinforce the RTI framework, which has steadily weakened over time.

Background of the RTI Act

• Purpose and Vision:
  • Introduced in 2005, the RTI Act sought to ensure open governance and empower citizens to access public information.
  • It was conceived as a mechanism to build an informed and participatory democracy.
• Key Features:
  • The Act compels public authorities to provide timely responses to RTI queries.
  • It establishes Information Commissions for oversight and prescribes penalties for delays or non-compliance.
• Impact:
  • RTI has emerged as a crucial tool against corruption, helping ensure responsible governance.

Supreme Court’s Observations

• Vacancies and Backlogs:
  • The Court flagged that eight posts of Information Commissioners remain vacant in the Central Information Commission (CIC), while over 23,000 appeals are pending.
  • Many state commissions are either dysfunctional or refusing fresh petitions.
• Directive to Governments:
  • The Centre was instructed to submit an affidavit with clear timelines for filling vacant posts.
  • Emphasis was placed on swift appointments to clear backlogs.
• Criticism of Inaction:
  • The Court warned that without appointments, the purpose of RTI is rendered meaningless, calling out government apathy.

Issues Weakening RTI

• Institutional Gaps:
  • Long delays in filling vacancies and rising pendency have eroded the Act’s credibility.
• Non-Compliance & Risks to Activists:
  • Many departments either delay or ignore queries.
  • Activists are vulnerable to harassment, threats, and even violence, discouraging information-seeking.
• Erosion of Independence:
  • Amendments have curtailed the autonomy of the CIC, making it less effective.
  • Appointments often favor retired bureaucrats, sidelining diverse expertise.

Role of RTI in Democracy

• Transparency and Oversight: Provides citizens with the power to scrutinize state action.
• Anti-Corruption Tool: Information disclosure enables exposure of irregularities and misuse of power.
• Strengthening Democracy: Reinforces the principle of participatory governance by dismantling opacity.

Global Best Practices

• United States (FOIA, 1966): Strict 20-day response period and judicial review options.
• Brazil (2011): Fixed deadlines (5–20 days) with penalties for officials.
• Norway: Diverse composition in oversight bodies, including academics and civil society.
• Sweden: Focus on citizen education through schools, media, and public campaigns.
• Annual FOIA Reports (USA): Transparency in reporting requests received and processed.
• Lessons for India:
  • Build independent and empowered commissions (UK/Mexico model).
  • Proactively publish key data (Chile, New Zealand).
  • Enforce strict deadlines and penalties (Brazil, US).
  • Spread awareness through campaigns (Sweden, South Africa).

Way Forward

• Filling Vacancies:
  • Speed up transparent, merit-based appointments with representation from diverse fields.
• Enhancing Efficiency:
  • Digitization of RTI processes and strong tracking mechanisms for delays.
• Safeguarding Activists:
  • Enact comprehensive Whistleblower Protection laws.
• Restoring Autonomy:
  • Reverse amendments that undermine the independence of Information Commissions.
• Awareness Campaigns:
  • Educate citizens about their RTI rights and strengthen grassroots participation.

Conclusion

• The Supreme Court’s intervention provides momentum to revitalize the RTI Act, but sustained political and institutional commitment is necessary.
• Transparency in governance is not just a statutory right but a democratic obligation, and restoring RTI is vital to preserving India’s participatory ethos.