Right to Information (RTI) Act, 2005 – UPSC Prelims Notes
Introduction
- Quote: “Information is the currency of democracy.” – Thomas Jefferson
- RTI as a Fundamental Right:
- RTI is embedded in Article 19(1)(a) of the Indian Constitution (Freedom of Speech & Expression).
- Recognized by the Supreme Court as a fundamental right.
- Objective:
- Empower citizens.
- Promote transparency & accountability in governance.
- Contain corruption and improve decision-making.
Evolution of RTI in India
- 1986: The genesis of the RTI law began with the Supreme Court ruling in the case of Mr. Kulwal vs. Jaipur Municipal Corporation. The court held that the right to freedom of speech and expression guaranteed by Article 19 of the Constitution includes the right to information Article 19(1)(a).
- 1994: Mazdoor Kisan Shakti Sangathan (MKSS) started the first grassroots movement for RTI.
- 1996: National Campaign for People’s RTI (NCPRI) drafted the first RTI bill.
- 1997: Tamil Nadu became the first state to pass an RTI law.
- 2002: Freedom of Information Act passed but never implemented.
- 2005: RTI Act passed in May, came into effect on October 12, 2005.
Salient Features of the RTI Act, 2005
Applicability
- Covers the whole of India, except Jammu & Kashmir (now covered under J&K RTI Act, 2009).
- Applies to all public authorities, including:
- Central & State Governments.
- Local bodies (Panchayats, Municipalities, etc.).
- Constitutional bodies like Election Commission, CAG, etc..
- NGOs receiving substantial government funding.
- Private bodies under government regulation must provide information if asked.
Key Definitions
- Public Authority (Sec 2(h)): Any government body or institution created by law or government order.
- Right to Information (Sec 2(j)): Citizens can demand information held by public authorities.
- Suo Motu Disclosure (Sec 4): Government must proactively publish information.
Suo Motu Disclosure means that government bodies must share certain information with the public without waiting for someone to ask for it. This helps keep things transparent and reduces the need for people to file formal requests for information. It's like the government saying, "Here's what we're doing, and you have the right to know."
How to File an RTI? (Section 6 & 7)
- Application: Submit an RTI request in any language to the Public Information Officer (PIO).
- Fee: ₹10 for a request; free for Below Poverty Line (BPL) applicants.
- Response Time:
- 30 days for general requests.
- 48 hours if life or liberty is involved.
- 40 days if third-party information is needed.
- Appeal Process (Sec 19):
- First Appeal: Within 30 days to senior officer.
- Second Appeal: Within 90 days to State/Central Information Commission.
Exemptions (Sec 8 & 9)
RTI does not apply to:
- National security, sovereignty & integrity of India.
- Cabinet discussions, trade secrets, or confidential foreign relations matters.
- Personal information not related to public interest.
- Judiciary & Parliament proceedings.
Penalties (Sec 20)
- ₹250 per day fine on PIO for delay, up to ₹25,000.
- Disciplinary action against officials for denial of information.
Institutions under RTI
Central Information Commission (CIC) & State Information Commissions (SICs)
- CIC & SIC Composition:
- Chief Information Commissioner (CIC) + up to 10 Information Commissioners.
- Appointed by President (for CIC) and Governor (for SICs).
- Tenure: 5 years or until age 65.
- Powers:
- Can summon officials, order disclosures, and impose penalties.
- Can direct governments to take corrective actions.
Significance of RTI
- Enhances transparency by exposing corruption.
- Empowers citizens to question government policies.
- Improves governance & accountability.
- Acts as a tool for social justice, helping weaker sections.
- Used widely: Over 60 lakh RTI applications filed annually.
Challenges in Implementation
Pending RTI Appeals
- Over 2.2 lakh cases pending in CIC/SICs (2023 data).
- Odisha takes 7 years to clear backlog, CIC takes 2 years.
Political & Bureaucratic Resistance
- Judiciary & Political Parties are outside RTI.
- Private sector & corporate funding not covered.
Dilution of RTI (RTI Amendment Act, 2019)
- Reduced autonomy of CIC & SICs by giving govt power to fix salaries & tenure.
- Weakens independence of information commissions.
Threats to RTI Activists
- Over 100 RTI activists attacked/killed for exposing corruption.
Reluctance to Impose Penalties
- Commissions avoid penalizing officials, leading to poor compliance.
RTI vs. Right to Privacy
- Right to Privacy (Article 21) vs. RTI (Article 19(1)(a)).
- Balance required: Some information must remain confidential for personal privacy.
- Supreme Court in Puttaswamy Case (2017) ruled privacy is a fundamental right, limiting RTI.
RTI vs. Right to Privacy – Key Examples
The Right to Information (RTI) and the Right to Privacy often come into conflict, as RTI promotes transparency while privacy protects personal information. Courts and authorities must balance these rights to ensure both public accountability and individual privacy.
Example 1: Public Officials’ Asset Declarations
Case: Girish Ramchandra Deshpande v. CIC (2012)
- RTI Request: A citizen filed an RTI application seeking details about a government employee’s salary, assets, and property details.
- Supreme Court Ruling:
- Personal financial details of a public servant are private information unless there is public interest.
- RTI should not be used to intrude into the personal life of individuals unless transparency is crucial.
- Verdict: Right to Privacy prevailed over RTI in this case.
Example 2: Disclosure of Political Leaders’ Educational Qualifications
Case: Subhash Chandra Aggarwal v. CIC (2010)
- RTI Request: A citizen sought details about the educational qualifications of a political leader.
- Court’s Decision:
- Since politicians are public figures, their educational details impact voters' decision-making.
- Transparency is more important than privacy in such cases.
- Verdict: RTI prevailed over the Right to Privacy.
Example 3: CJI Office Under RTI
Case: Supreme Court of India v. Subhash Chandra Aggarwal (2019)
- RTI Request: Whether Chief Justice of India’s (CJI) office falls under the RTI Act.
- Supreme Court’s Ruling:
- The CJI's office is covered under RTI but with restrictions on confidential judicial discussions and personal information.
- Transparency should not hamper judicial independence.
- Verdict: RTI was allowed but with safeguards for privacy.
Example 4: Electoral Bonds & Political Funding
Case: Association for Democratic Reforms (ADR) v. Union of India (2023)
- RTI Request: Citizens sought information about political donations through electoral bonds.
- Court’s Ruling:
- Political party funding must be transparent as it affects democracy.
- The Right to Privacy does not apply to political funding when it concerns public interest.
- Verdict: RTI prevailed over privacy concerns.
Conclusion
- RTI wins when transparency serves public interest (e.g., political funding, educational qualifications).
- Privacy wins when the information is personal and does not affect governance (e.g., salary details of an employee).
- Courts follow a case-by-case approach, balancing both rights under Articles 19(1)(a) (RTI) and 21 (Privacy).
Current Affairs & Recent Developments (2024)
- Amendment Debate:
- Government reduced tenure & salary of Information Commissioners.
- RTI activists oppose dilution of autonomy of CIC/SICs.
- Judiciary & RTI:
- Supreme Court ruled that CJI office is under RTI but with restrictions on sensitive information.
- RTI & Electoral Bonds Case:
- Supreme Court directed disclosure of political party funding details under RTI.
- State Governments Weakening RTI:
- Maharashtra & Odisha SICs working without full staff, causing backlog.
- Attacks on RTI Activists:
- 2023 reports indicate increase in threats & killings of activists.
Way Forward
- Faster Disposal of RTI Requests: Reduce backlog by filling vacant posts in CIC/SICs.
- Online RTI Portals: Expand RTI Online (rtionline.gov.in) to all states.
- Penalizing Officials: Ensure strict action for delayed/incomplete replies.
- Whistleblower Protection: Laws to protect RTI activists from threats.
- Include Political Parties & Corporates: Bring them under RTI for transparency in funding.
- Stronger Role for Information Commissions: Give them powers to enforce compliance.
Conclusion
- RTI Act is one of the strongest transparency laws globally.
- It empowers citizens and strengthens democracy.
- Challenges like bureaucratic hurdles, threats to activists, and weakening amendments need to be addressed.
- Effective implementation can make RTI a true tool for accountability & governance reform.
