Implementation of the Right to Information Act

What is RTI?

The Right to Information Act (hereinafter ‘The RTI Act’) was passed in the year 2005 by the Government of India with a vision to bring transparency and accountability to the functioning of the public authorities. The RTI Act gives the citizens of India a right to access information which is under the control of public authorities. The basic idea behind the implementation of the RTI Act was to contain corruption and empower the citizens to question the government. The RTI Act covers central, state, and local government bodies, as well as other entities funded or controlled by the government.

Implementation Mechanism

The functioning of the RTI Act works through a well-established process. Following is the breakdown of how the RTI Act functions:

• Application submission: Any citizen of India can submit an RTI application to a public authority and the application can be submitted either online or offline, addressing the Public Information Officer (PIO) of the concerned public authority. The application should clearly and comprehensively specify the information sought by the applicant.
• Payment of Application Fee: A nominal application fee is required to be paid along with the RTI application. This fee varies for different categories of applicants, people Below Poverty Line applicants may be exempt from this fee.
• Processing of RTI Application: Upon receiving the application and fee, the PIO is responsible for processing it. This involves acknowledging receipt of the application, verifying details, and determining whether the requested information is held by the public authority. If the information is not within their jurisdiction, the PIO may need to transfer the application to the appropriate authority.
• Response Timeframes: The PIO must respond to the RTI request within 30 days of receipt. In cases involving the life or liberty of a person, the information must be provided within 48 hours. The response may include the information requested or reasons for denial, citing relevant sections of the RTI Act that justify withholding the information.
• Grounds for Denial: Information can be denied if it falls under the exemptions provided in the RTI Act, such as information affecting national security, personal privacy, or commercial confidence. The PIO must provide specific reasons for denial and inform the applicant of their right to appeal.
• First Appeal: If the applicant is dissatisfied with the response provided by the PIO or if no response is received within the stipulated time frame, they have the right to file a first appeal within 30 days to the designated First Appellate Authority (FAA) within the same public authority. The FAA reviews the appeal and decides within 30-45 days, either directing the PIO to provide the information or upholding the denial.
• Second Appeal: If the applicant is still not satisfied with the decision of the FAA or if no response is received then applicant can file a second appeal within 90 days with the Central or State Information Commission. The Commission conducts a detailed hearing, and its decision is binding. It can order the public authority to disclose the information or uphold the denial.
• Implementation of Commission's Decision: The public authority is obligated to comply with the decision of the Information Commission and take necessary steps to provide the requested information or remedy any deficiencies identified in the processing of the RTI application. The Commission can impose penalties for non-compliance, recommend disciplinary action, and issue guidelines to improve RTI processes.

Exemptions

The Right to Information (RTI) Act in India provides for certain exemptions where information may not be disclosed to the public such as:

• National security: Information that might affect the integrity and sovereignty of India. Along with the information that may affect the security, strategic, scientific, or economic interests of the state, or relation with foreign states.
• Parliamentary and court orders: Information expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute a contempt of court.
• Information received in confidence from foreign governments.
• Cabinet and council papers: Cabinet papers and deliberations of the council of ministers, secretaries, and other officers.
• Confidential Business Information: Commercial confidence, trade secrets, or intellectual property, where disclosure would harm a third party's competitive position, unless public interest demands it.
• Privacy of Individuals: Personal information that would invade someone's privacy unless public interest warrants disclosure.

Challenges

Some of the major challenges faced in the implementation of the RTI Act are:

• Misuse of Exemptions: Public authorities sometimes misuse exemptions to deny legitimate requests, hindering transparency.
• Overburdened Information Commissioners: Information Commissions often face a high volume of appeals, leading to delays and backlogs in resolving cases.
• Poor Quality or Incomplete Dissemination: Some public authorities provide information in a manner that is difficult to understand or incomplete, defeating the purpose of the RTI Act.
• Lack of Awareness: Many citizens are unaware of their right to information or how to use the RTI Act, limiting its impact effectively.
• Retaliation Against RTI Users: Some individuals who file RTI applications face threats or harassment, discouraging others from using the Act.
• Inadequate Implementation Mechanisms: Some states lack the infrastructure or resources to implement the RTI Act's provisions effectively.
• Delayed Responses: Public authorities often delay responding to RTI requests, leading to frustration among applicants and undermining the effectiveness of the Act.
• Lack of Accountability: In some cases, public authorities fail to comply with the decisions of Information Commissions, highlighting a lack of accountability.

Recent Developments

The Hon’ble Supreme Court in the case of Raj Narayan v. The State of Uttar Pradesh (AIR 1975 SC 865) held that the Right to Information and the Right to know are also part of constitutional and fundamental rights under Article 19(1) (a) of the Indian Constitution. This decision laid the foundation for the RTI Act's objectives of transparency and accountability.

Some of the major amendments under the RTI act are:

• 2019 Amendment: The RTI Amendment Act, 2019, introduced changes related to the terms of the Information Commissioners, their salaries, allowances, and terms of service. It also permitted the central government to decide the tenure, salaries, and other terms of service of Information Commissioners at the central and state levels.
• 2013 Amendment: The RTI Amendment Act, 2013, revised the fee structure for filing RTI applications. It introduced a uniform fee of Rs. 10 for filing applications, which was previously variable across states.
• 2012 Amendment: The RTI Amendment Act, 2012, included certain intelligence and security organisations under the RTI Act but exempted them from disclosing information about their organisations, functions, and personnel, except in cases of corruption or human rights violations.
• 2009 Amendment: The RTI Amendment Act, 2009, clarified that information about the examination process for recruitment or appointments conducted by public authorities is exempt from disclosure under Section 8 of the RTI Act.
• 2006 Amendment: The RTI Amendment Act, of 2006, mandated that public authorities publish certain categories of information on their websites to promote transparency and reduce the need for filing RTI applications, amending Section 4 of the RTI Act.

Impact of the Amendments

The amendment allows the interference of the executive in the functioning of information commissions which are quasi-judicial bodies. Further, the amendment also impacts the constitutional principles of federalism, as now the Union government can change terms of service of the Information Commission.

Conclusion

The RTI Act in India has been instrumental in promoting transparency, accountability, and good governance by empowering citizens to access information held by public authorities. Thus, the RTI Act is not merely a piece of legislation, it is a beacon of hope, illuminating the path towards a more transparent, accountable, and participatory democracy.

References

1. THE RIGHT TO INFORMATION ACT, 2005 No. 22 of 2005.
2. Raj Narayan v. The State of Uttar Pradesh AIR 1975 SC 865.
3. THE RIGHT TO INFORMATION (AMENDMENT) ACT, 2019 NO. 24 OF 2019.
4. THE RIGHT TO INFORMATION (AMENDMENT) ACT, 2013.
5. THE RIGHT TO INFORMATION (AMENDMENT) ACT, 2012.
6. THE RIGHT TO INFORMATION (AMENDMENT) ACT, 2009.
7. THE RIGHT TO INFORMATION (AMENDMENT) ACT, 2006.