The Right to Information Act is weakening

Source: The post The Right to Information Act is weakening has been created, based on the article “The RTI is now the ‘right to deny information’” published in “The Hindu” on 25th February 2025.

UPSC Syllabus Topic: GS Paper2- Polity

Context: The article discusses the decline of the Right to Information (RTI) Act in India. It explains how governments and courts have weakened the law over time. Bureaucratic delays, weak enforcement, and restrictive court rulings have reduced transparency, limiting citizens’ access to information.

For detailed information on Right to Information read this article here

What was the original purpose of the RTI Act?

1. Empower Citizens: The RTI Act recognized citizens as the rightful owners of the government. It gave them the power to seek information with dignity and respect.
2. Ensure Transparency: It codified the fundamental right to information, making it one of the best transparency laws globally.
3. Curb Corruption and Arbitrariness: Citizens were expected to monitor the government and reduce corruption.
4. Timely Information Sharing: The law required public authorities to provide information within 30 days.
5. Limited Exemptions: Section 8 listed clear and narrow exemptions to ensure most information remained accessible.
6. Strengthen Democracy: It reinforced Article 19(1)(a) by guaranteeing access to government records.

How has the RTI Act been weakened?

1. Bureaucratic Control: Most Information Commissioners are retired bureaucrats who resist sharing power with citizens. They treat their roles as post-retirement benefits.
2. Low Case Disposal Rate: High Court judges dispose of over 2,500 cases per year, but RTI commissioners clear fewer cases. They should ideally handle over 5,000 cases annually.
3. Long Delays: The RTI Act mandates 30 days to provide information, but commissions have no time limit, leading to backlogs over a year.
4. Weak Enforcement: Commissioners rarely use penalties against officials who deny information.

How did the Supreme Court change the RTI Act?

1. In 2011, the Supreme Court ruled in CBSE vs Aditya Bandopadhyay that RTI should not burden the administration. It said indiscriminate RTI requests could slow governance. This decision discouraged information sharing and painted RTI users as troublemakers.
2. In 2012, the Supreme Court ruled in Girish Ramchandra Deshpande vs CIC that personal information could be denied under Section 8(1)(j) of the RTI Act. The Court ignored the part of the law that required officials to prove why the information should be denied. This ruling became a precedent, making it easier to reject RTI requests.

What is the current state of the RTI Act?

Despite its initial promise, the RTI Act has not fully realized its potential to ensure transparency and accountability within the government. There is a need for citizens and media to advocate for adherence to the original principles of the RTI Act to prevent further dilution of this crucial right.

Question for practice:

Examine how the Right to Information (RTI) Act in India has been weakened over time by bureaucratic control, judicial rulings, and delays in enforcement.