RTI Appeals Disposal Nears 100%
Kartavya Desk Staff
Syllabus: Governance: RTI
Source: PIB
Context: Union Minister Dr Jitendra Singh announced that nearly 100% of Right to Information (RTI) appeals are being disposed of, with pendency decreasing annually, (from approximately 35,000 (2019-20) to 23,000 (2023-24))
About RTI Act 2005
• Purpose: Grants citizens the right to access information from Public Authorities (PAs) to promote transparency, accountability, and public participation in governance, while combating corruption.
• Nodal Agency: Department of Personnel and Training under MoPPG&P.
• Replacement: Replaced the Freedom of Information Act, 2002.
Key Features
• Information Commissions: Establishes Central and State Information Commissions, outlining their constitution, composition, and functions.
• Public Information Officers: Obligates PAs to designate Central/State Public Information Officers (CPIO/SPIOs) to provide requested information.
Appeals System:
• First Appeal: To a senior officer within 30 days of filing the RTI application.
• Second Appeal: To the Central/State Information Commissioner (CIC/SIC) within 90 days of the first appeal decision.
• Burden of Proof: On CPIO/SPIOs to justify denial of information.
• Appeal Resolution: Must be resolved within 30 days, extendable to 45 days.
• Binding Decisions: CIC/SIC decisions are binding.
How RTI Act remain a vital tool?
• Transparency and Accountability: The Act has played a pivotal role in fostering transparency and holding public institutions accountable. Eg: RTI applications have been instrumental in identifying and addressing ghost workers in the case of the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS).
• Eg: RTI applications have been instrumental in identifying and addressing ghost workers in the case of the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS).
• Curbing corruption: Increased transparency through RTI has shed light on corrupt practices, empowering citizens to hold authorities accountable. Eg: Transparency International India’s annual Corruption Perception Index has shown improvement since the enactment of the RTI Act.
• Eg: Transparency International India’s annual Corruption Perception Index has shown improvement since the enactment of the RTI Act.
• Promoting good governance: The Act fosters citizen participation in decision-making and policy formulation, leading to more responsive and inclusive governance.
• Empowering citizens: Access to information empowers individuals from disadvantaged groups to access entitlements and hold authorities accountable for discrimination. Eg: Over 3.02 crore RTI applications were filed in the last 15 years.
• Eg: Over 3.02 crore RTI applications were filed in the last 15 years.
• Democratizing knowledge: RTI democratizes access to information, ensuring greater public awareness about government functioning and social issues. Eg: The Press Council of India has found that the RTI Act has led to an increase in investigative journalism in India.
• Eg: The Press Council of India has found that the RTI Act has led to an increase in investigative journalism in India.
Challenges Facing the RTI Act:
• Vacant posts: There are currently seven vacancies out of 11 positions in the Central Information Commission, and several state information commissions are also facing vacancies.
• Backlog of requests: Public authorities often grapple with overwhelming backlogs of RTI requests, leading to delays and frustrations for applicants. Eg: over 3.2 lakh appeals and complaints were pending as of June 2023.
• Eg: over 3.2 lakh appeals and complaints were pending as of June 2023.
• Non-compliance and apathy: Some public officials exhibit apathy towards adhering to the Act’s provisions, failing to respond to requests within the stipulated timeframe or providing incomplete or misleading information. Eg: The Official Secrets Act of 1923 has also been frequently used as an excuse to not implement RTI wholly.
• Eg: The Official Secrets Act of 1923 has also been frequently used as an excuse to not implement RTI wholly.
• Frivolous and repetitive requests: While the Act encourages active citizen engagement, a surge in frivolous or repetitive requests can strain resources and divert attention from genuine queries of public interest.
• Fee barriers and intimidation tactics: Such tactics against RTI applicants can discourage individuals from exercising their right to information, particularly marginalized communities.
• Lack of awareness and training: Inadequate public awareness about the Act and insufficient training for public officials on its proper implementation hamper its effectiveness.
• Eg: In 2021, a study found that 40% of RTI requests denied were without a valid reason.
Needful measures:
• Streamlining procedures and reducing fees: Simplifying application processes and rationalizing fees can encourage wider participation and remove unnecessary hurdles for information seekers.
• Stricter Implementation: Stringent measures to prevent misuse of exemptions and refusals, ensuring compliance with the Act’s provisions.
• Safeguarding Whistleblowers: Enhanced protection and support for individuals using the Act, safeguarding them against threats and harassment.
• Proactive Disclosure: Encouraging proactive disclosure of information by public authorities to reduce reliance solely on RTI applications. Eg: provisions under Section 4(1) (b) of the RTI Act.
• Eg: provisions under Section 4(1) (b) of the RTI Act.
• Strengthening Commissions: Ensuring the independence and adequate resources for Information Commissions to function effectively. Eg: 8 States and 2 UTs have low-cost and accessible online RTI portals, this can be replicated by the rest.
• Eg: 8 States and 2 UTs have low-cost and accessible online RTI portals, this can be replicated by the rest.
Conclusion:
The right to information is a fundamental right under Article 19 (1) of the Indian Constitution. In light of the recent case, the court has directed the government to collate information on vacancies and pending complaints under the RTI Act and take immediate steps to fill the vacancies. This and other challenges must be addressed to realise the fundamental rights of the citizens.
Insta Links:
• New draft digital data protection bill: How it compares with the older version and laws elsewhere
Mains Links:
The Digital Personal Data Protection Bill must ensure that individuals’ personal data is collected and processed in a manner that respects their privacy rights under Article 21 of the Indian constitution. Comment. (250 Words)