20 years of RTI Act, 2005 | 11 Oct 2025

Source: ET 

Why in News?

As the Right to Information (RTI) Act, 2005 completes 20 years of implementation in October 2025, a study has highlighted significant gaps in its functioning, exposing a transparency system under severe strain. 

What are Key Facts About the RTI Act, 2005? 

• About: Enacted in 2005, the Right to Information (RTI) Act, 2005 seeks to enable citizens to freely access information held by public authorities. 
  • It was designed to promote openness in government operations, strengthen accountability, and advance the principles of good governance across public institutions. 
  • Shahid Raza Burney’s RTI in Pune was the first one to be filed under the law. 
• Core Components: The Act applies to all levels of government, including central, state, and local bodies. 
  • Section 8(2) permits disclosure when public interest outweighs confidentiality, and Section 22 ensures the RTI Act, 2005 takes precedence over any inconsistencies with other laws. 
• Exemptions: Despite anything contained in the RTI Act, 2005 citizens are not entitled to information that could harm India’s sovereignty, integrity, security, strategic, scientific, or economic interests, affect relations with other countries, or incite an offence. 
• Right to Information (Amendment) Act, 2019: Originally under the RTI Act, 2005, the Chief Information Commissioner and Information Commissioners served for 5 years or until age 65, whichever is earlier and their salary and terms of service matched those of the Chief Election Commissioner and Election Commissioners.  
  • However, the 2019 amendment changed this, giving the Central Government the power to set their term of office, salaries, allowances, and terms of service.  
• Achievement of RTI Act, 2005: It has enhanced accountability in public fund use, enabling citizens to access MGNREGA expenditures, PDS records, and local development projects, reducing leakages and misuse.  
  • It has exposed high-profile scams like the Adarsh Society, 2G spectrum, and Commonwealth Games, while instilling a culture of accountability among public officials aware their actions are subject to public scrutiny. 

What Are the Key Challenges Facing the RTI Act, 2005? 

• Considerable Delays: In most Information Commissions (ICs), the waiting time to resolve a matter exceeds one year. In some states, the delays are extreme, with Telangana estimated at 29 years and 2 months and Tripura at 23 years. 
• Vacant Positions: Between 2023 and 2024, six Information Commissions were completely defunct for varying periods due to the non-appointment of new commissioners.  
  • Currently, the Jharkhand and Himachal Pradesh commissions are defunct, while the Central Information Commission (CIC), Chhattisgarh, and Andhra Pradesh commissions function without a Chief Information Commissioner. 
• Erosion via Legislative Changes: The RTI Amendment Act, 2019 reduced Information Commissioners’ autonomy by giving the Central Government power to set their tenure and salaries.  
  • The Digital Personal Data Protection (DPDP) Act, 2023 amended Section 8(1), exempting all personal information from disclosure, including that of public officials. 
• Expansion of Exemptions: Government departments frequently deny information under the RTI, invoking national security provisions of the Official Secrets Act, 1923. For example, agencies like RAW, IB, and CERT-In are exempt under the Second Schedule of the RTI Act, 2005. 
• Threats to RTI Activists: RTI activists face harassment and violence, deterring citizens from exposing corruption. Many have been attacked or killed, while protections under the Whistleblower Protection Act, 2014 remain weakly implemented. 

What Reforms are Needed to Ensure Transparency in the RTI Framework? 

• Strengthening Information Commissions: Ensure timely appointments of IC through a transparent, time-bound process and provide commissions with adequate staff, technology, and infrastructure.  
  • Establish performance benchmarks per commissioner to efficiently reduce case backlogs. 
• Integrating Technology: AI chatbots and automated assistants can help citizens draft RTI applications, while blockchain ensures data authenticity.  
  • Integrating RTI portals with DigiLocker and real-time tracking can improve access and monitoring of requests.  
• Strict Adherence to the Law: Enforce mandatory proactive disclosure under Section 4 of the RTI Act, 2005 and impose penalties on Public Information Officers (PIOs) for wrongful denials or delays to strengthen RTI enforcement. Ensure Information Commissions submit timely Annual Reports under Section 25 RTI Act, 2005 to maintain transparency and accountability. 
• Protection of RTI Activists: Fully implement the Whistleblower Protection Act, 2014 with anonymous complaints and emergency safeguards, and fast-track courts should handle cases of attacks on RTI activists.  
  • Establish district-level helplines, support cells, and legal aid funds through government-civil society partnerships to protect activists. 
• Partial Reinstatement of Autonomy: The appointment process should include parliamentary oversight instead of being left to executive discretion, and periodic reviews by the Supreme Court and High Courts can strengthen independence. 

Conclusion 

Two decades after its enactment, the RTI Act, 2005 faces systemic challenges including vacancies, excessive delays, weakened autonomy, and threats to activists. Strengthening Information Commissions, enforcing penalties, integrating technology, and protecting RTI activists are critical to restoring the law’s transparency, accountability, and democratic governance objectives.