(SYLLABUS RELEVANCE: GS 2: Polity and Governance)
Why is it in the news?
- The Right to Information Act (RTI), enacted in 2005, has played a pivotal role in promoting transparency and accountability in India.
- Over the years, however, concerns have emerged regarding its effectiveness and the accessibility of information.
- This analysis delves into the factors contributing to the perceived weakening of the RTI Act, examining legislative amendments, implementation issues, and challenges in the digital era.
An Analysis
Legislative Amendments:
a) Digital Personal Data Protection Act, 2023:
# Amended the RTI Act’s personal data disclosure provision.
# Concerns raised about hindrance to ‘social audits’ in welfare schemes.
# Potential for public officials to evade accountability.
b) Right to Information (Amendment) Act, 2019:
# Granted Union Government unilateral power over information commissioners’ terms and salaries.
# Raises questions about the independence of information commissions.
Implementation Challenges:
a) Dependent on Subordinate Rules:
# Implementation relies on Rules made by Union and State Governments.
# Varied payment methods across states lead to complications.
# Delayed or inconvenient payment methods hinder accessibility.
- b) Tardy Appointments to Information Commissions:
# Central Information Commission (CIC) and State Information Commissions (SICs) often face delays in appointments.
# Undermines confidence in the RTI framework.
# Appeals can take months or even years to be heard.
c) Lack of Online RTI Accessibility:
# Online RTI applications eliminate barriers but are not uniformly available.
# Some State Government bodies are not registered on online portals.
# Union Government’s RTI portal faces usability issues and data glitches.
III) Growing Dissatisfaction:
# Rising number of first appeals indicates dissatisfaction with information provided.
# People are not receiving adequate information from public officials.
Conclusion
- The Right to Information Act, once hailed as a model for transparency legislation, faces challenges that have contributed to its perceived weakening.
- Legislative amendments, implementation issues, and growing dissatisfaction among citizens pose significant hurdles to the effective functioning of the RTI Act.
- Addressing these concerns is crucial to preserving its role as a tool for holding public officials accountable and ensuring transparency in governance.
Top of Form
VALUE ADDITION
| Overview of the Right to Information (RTI) Act, 2005 | |
| Mandate | Enacted by Parliament to empower citizens, promote accountability, ensure transparency in government operations and combat corruption. |
| The Right to Information (Amendment) Act, 2019 | I) Reduced the tenure of the Chief Information Commissioner (CIC) and Information Commissioners (ICs) from 5 to 3 years. II) Central government can now notify the term of office for the CIC and ICs. |
| Public Authorities | I) Definition: Institutions of self-government established under the Constitution, laws, or government notifications. II) Includes Ministries, Public sector undertakings, Regulators, and Entities substantially financed by government funds, directly or indirectly. |
| Functioning of RTI Act | Three-Tier Structure I) Public Information Officers (PIOs): # Designated by Public Authorities. # Responsible for providing information to RTI applicants within 30 days. II) Appellate Authority: Handles appeals against decisions of PIOs. III) State Information Commission or Central Information Commission (CIC): # Mandated to hear appeals against the Appellate Authority’s orders. # Comprises a Chief Information Commissioner (CIC) and up to 10 Information Commissioners (ICs). |
| Utility of RTI
| I) Addresses Constitutional Rights; II) Empowers citizens to seek answers from the government; III) Essential for Democracy; IV) Facilitates government accountability; V) Prevents Policy Paralysis; VI) Ensures informed decision-making; Fosters Equitable Decision-Making; and VII) Enhances transparency and participation in governance. |
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