RTI Act Under Threat? Recent Changes and Transparency Concerns
- ByAdmin --
- 20 May 2025 --
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The Right to Information (RTI) Act, enacted in 2005, has been a powerful tool for promoting transparency and accountability in India’s governance. However, recent legislative and administrative developments have raised concerns about the weakening of the RTI framework. This article examines the recent changes, the resulting transparency challenges, and the implications for citizens' right to information.
Overview of the RTI Act, 2005
- The RTI Act empowers citizens to seek information from public authorities, fostering transparency.
- It mandates timely response to information requests and provides safeguards for whistleblowers.
- The Act covers all government bodies, including central, state, and local authorities.
Recent Changes Impacting the RTI Act
1. Amendments to Tenure and Salaries of Information Commissioners
- In 2019, the central government amended the RTI rules, changing the tenure, salaries, and service conditions of Chief Information Commissioners (CIC) and Information Commissioners (IC).
- The amendments reduced the tenure from five to three years and made salaries and service conditions subject to government control.
- Critics argue this undermines the independence of Information Commissioners, making them vulnerable to executive influence.
2. Delays and Vacancies in Information Commissions
- Many states face chronic vacancies in Information Commissions, leading to delays in hearing RTI appeals.
- Backlogs of thousands of cases have been reported, reducing the efficacy of the RTI Act as a tool for timely accountability.
3. Restrictions on Information Access
- Increasingly, public authorities deny information citing vague exemptions under Section 8 of the RTI Act, such as national security or cabinet secrecy.
- The Supreme Court has stressed balancing transparency with legitimate exemptions but has also cautioned against misuse of these provisions.
Transparency Concerns and Public Impact
- The weakening of the RTI framework compromises citizens’ ability to hold governments accountable.
- Reduced independence of Information Commissioners risks politicizing decisions on information disclosure.
- Delays and refusals lead to erosion of public trust in democratic institutions.
- Whistleblowers and activists fear diminished protection and increased harassment.
Judicial Responses and Advocacy
- The judiciary has upheld the importance of RTI as a democratic tool and repeatedly emphasized the need for strong, independent Information Commissions.
- In landmark rulings, courts have struck down attempts to curtail RTI rights and reiterated that transparency is key to good governance.
- Civil society organizations continue to advocate for strengthening the RTI Act and resisting attempts to dilute its powers.
Legal References
- Right to Information Act, 2005 – Key legislation enabling public access to government information.
- Section 8 of RTI Act – Exemptions from disclosure.
- Amendments notified in 2019 relating to tenure and salary of Information Commissioners.
- Supreme Court rulings: Common Cause vs Union of India (2019), Central Board of Secondary Education vs Aditya Bandopadhyay (2011).
Conclusion
While the RTI Act remains a cornerstone of India’s transparency regime, recent changes and administrative challenges pose risks to its effectiveness. Safeguarding the independence of Information Commissioners, addressing vacancies, and ensuring the right balance between transparency and legitimate exemptions are essential to preserving citizens’ trust in governance. Vigilant judicial oversight and robust civil society engagement remain critical in defending the RTI Act’s spirit and purpose.
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