Mains Practice Questions

Introduction:

Transparency ensures that governmental actions are open to public scrutiny, while accountability ensures that public officials are answerable for their conduct. The Right to Information Act (RTI), 2005, a landmark in India’s democratic evolution, operationalises these principles by empowering citizens to demand information from public authorities, thereby transforming governance from secrecy to openness.

Body :

RTI as a Tool for Transparency, Accountability and Participatory Governance

• Institutionalising Citizen Empowerment: RTI gives every citizen the legal right to access government records, decisions, and policies, thereby reducing information asymmetry between the state and the people.
• Curbing Corruption: RTI has exposed large-scale irregularities — such as the Adarsh Housing Scam, MNREGA fund misuse, and PDS corruption — showcasing its potential as an anti-corruption instrument.
• Enhancing Administrative Responsibility: Fear of disclosure encourages officials to act prudently and document decisions accurately, reinforcing internal accountability mechanisms within bureaucracies.
• Facilitating Judicial and Media Activism: RTI strengthens investigative journalism and judicial scrutiny by providing factual data essential for uncovering malpractices.
• Citizen-Centric Decision-Making: RTI promotes inclusive governance by allowing citizens to question development priorities, project implementation, and public expenditure.
• Strengthening Local Democracy: At the grassroots level, the use of RTI in Gram Sabhas and Panchayati Raj Institutions enhances transparency in fund utilization and local development schemes.
• Catalyst for Social Audits: Schemes like MGNREGA and PMGSY incorporate RTI-based audits, creating a culture of bottom-up accountability and participatory planning.

Key Challenges Facing the RTI Act, 2005

• Considerable Delays: Most Information Commissions (ICs) take over a year to resolve cases; extreme delays exist in Telangana (29 years, 2 months) and Tripura (23 years).
• Vacant Positions: Between 2023–24, six ICs were entirely non-functional due to unfilled posts. Currently, Jharkhand and Himachal Pradesh ICs are defunct, while CIC, Chhattisgarh, and Andhra Pradesh operate without a Chief Information Commissioner.
• Erosion via Legislative Changes: The RTI Amendment Act, 2019 reduced IC autonomy by giving the central government power to fix tenure and salaries. The Digital Personal Data Protection (DPDP) Act, 2023 amended Section 8(1), exempting all personal information, including public officials’, from disclosure.
• Expansion of Exemptions: Departments often deny information citing the Official Secrets Act, 1923. Agencies like RAW, IB, and CERT-In are fully exempt under the Second Schedule of the RTI Act, 2005.
• Threats to RTI Activists: Activists face harassment and violence, with many attacked or killed. Weak implementation of the Whistleblower Protection Act, 2014 exacerbates the risk.

Reforms Needed to Ensure Transparency in the RTI Framework

• Strengthening Information Commissions: Ensure timely, transparent appointments, adequate staffing, technology, and infrastructure.
• Integrating Technology: Use AI chatbots and automated assistants for drafting applications; blockchain for data authenticity. Link RTI portals with DigiLocker and real-time tracking to improve access and monitoring.
• Strict Adherence to the Law: Enforce mandatory proactive disclosure under Section 4; penalize PIOs for wrongful denials or delays.
• Protection of RTI Activists: Fully implement the Whistleblower Protection Act with anonymous complaints, emergency safeguards, and fast-track courts.
• Partial Reinstatement of Autonomy: Introduce parliamentary oversight in appointments; periodic reviews by the Supreme Court and High Courts to strengthen IC independence.

Conclusion :

The RTI Act has revolutionized India’s democratic landscape by institutionalizing transparency and accountability. However, its transformative promise risks dilution without robust implementation and political commitment. For transparency to move beyond ornamentation, it must be paired with active accountability and citizen empowerment, ensuring that democracy remains participatory in both letter and spirit.