[Answered] Discuss salient features of RTI Act, 2005. What are various issues and loopholes in RTI act?

Right to Information Act was enacted in 2005 with objective of enhancing transparency, accountability, containing corruption. Democracy requires informed citizenry which in turn is

vital for its functioning, to hold government accountable to the people. RTI has tried to achieve these goals through access to information to citizens.

Salient features of RTI Act, 2005: Important features of the RTI Act are:

1. Features that strengthened democracy: Below features strengthened democracy through active participation of citizens:
   • Every citizen has right to claim information from public authorities under the act.
   • Public authorities have an obligation to provide the sought information to the applicants with certain restrictions related to national security, personal information and third party information.
   • Fee has been prescribed for seeking information to check fraudulent applications. However, persons below poverty line have been exempted from payment of fees.
2. Features leading to transparency:
   • A large amount of information has to be placed in the public domain by ways of manuals prescribed under the Act.
   • All the Government departments along with a number of bodies which receive substantial funding from the Government have been brought under the RTI.
3. Features leading to accountability:
   • RTI Act provide for setting up of Central Information Commission and State Information Commission. These Commissions act as the Second Appellate Authority and also exercise supervision and monitoring over the functioning of Public Information Officers.
   • Public authorities have to provide information as early as possible as but not later than 30 days (not later than 48 hours in the matters pertaining to life and liberty of an individual).
   • In case of delay, the Central Information Commission or the State Information Commission can impose a penalty. The Commission can also recommend disciplinary proceedings against the officials guilty of the not providing information with malafide intention.
   • In case of denial or not providing proper information an appellate structure has also been provided. First appeal lies with the First Appellate Authority nominated by the Department while the second appeal lies with the Central Information Commission or State Information Commission.

Issues and loopholes in RTI:

1. Increasing pendency of cases: These Commissions particularly the Central Information Commission, have kept a strong vigil over the functioning of administrative machinery relating to the implementation of the Act. However, their performance has often been restricted by increasing number of appeals. This has resulted in increase in pendency as well as increase in waiting time for hearing of appeals.
2. Definition of information: An important issue is the definition of information. Supreme Court stated that ‘information’ for the purpose of this Act would mean information held by the PIO or under his control. However, if the information is not held by the PIO the public authority is not under obligation to provide that information.
3. Not all institutions under RTI: Another issue is that some institutions are not being covered under the Act. E.g. judiciary is not under the act.
4. Lack of infrastructure: The Implementation of RTI requires the PIOs to provide information to the applicant through photocopies, soft copies etc. These facilities are not available at Block and Panchayat level. In order to service RTI requests, basic infrastructure such as photocopier machines at each Public Authority and basic level of connectivity is required.
5. Low awareness level: Awareness about RTI is yet very low. Nodal Departments in many states have not undertaken any substantial steps to promote the RTI Act. Awareness level is low especially among the disadvantaged communities such as women rural population, OBC/SC/ST population.
6. Constraints faced in filing applications: Under Section 26 of the RTI Act, the appropriate Government is expected to publish and distribute user guides (within 18 months of enactment of the Act) for information seekers. However Nodal Departments have not published these guides in many states.
7. Corporates not under RTI: Corporate entities are not under the RTI Act. Apart from the fact that the corporate sector utilises money from the common public in the form of share capital a large number of entities in the private sector are performing functions similar to the public sector. E.g banking, insurance, telephony etc. where the private sector is performing functions similar to public sector.

Since the implementation of the RTI Act, it has established itself as an important tool in handling corruption and inefficiency in the Government. Although there have been instances of misuse of the Act, but it has served its purpose well. Issues and loopholes in RTI should be removed through proper amendment to further the objectives of transparency and accountability.