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Context
With the Right to Information (RTI) Act, 2005, nearing 20 years of implementation in October 2025, research has highlighted significant loopholes in its operation, leaving the system of transparency in dire need of reform.
About RTI Act, 2005
- The Right to Information (RTI) Act, 2005, which was passed in 2005, aims to empower citizens to obtain information at their own will, which is maintained by government authorities.
- It was made to enhance transparency in government activities, increase accountability and enhance the good government principles within the government institutions.
- The RTI of Pune by Shahid Raza Burney was the first to be registered in the law.
- Necessary Elements: The Act is applicable to all the tiers of government, such as central, state and local governments.
- Section 8(2) allows disclosure in cases where the interest of the people takes priority over a state of secrecy and Section 22 stipulates that the RTI Act, 2005 shall assert itself in cases where there is conflict with other laws.
- Exemptions: Regardless of what is written in the RTI Act, 2005 citizens have no right to receive information that may damage the sovereignty, integrity, security, strategic, scientific, or economic interests of India, may influence relationships with other states, or incite an offence.
- Right to Information (Amendment) Act, 2019: The Chief Information Commissioner and Information Commissioners were initially under the RTI Act, 2005, but as they had a 5-year tenure, their remuneration and conditions of service were the same as the Chief Election Commissioner and Election Commissioners.
- This, however, was altered in 2019 with the Central Government now having the ability to determine their term of office, salaries, allowances, and terms of service.
- Achievement of RTI ACT, 2005: It has improved accountability in the utilization of the public funds, so that the citizens can access the MGNREGA expenditure, PDS database and local development projects and minimized leakages and misuse of funds.
- It has unveiled high-profile scams such as the Adarsh Society, 2G spectrum and Commonwealth Games, besides developing a culture of accountability among the public officials who know that their activities will be examined by the masses.
Major Issues of the RTI Act, 2005
- Significant Delays: In the majority of Information Commissions (ICs), it is taking more than a year to sort out an issue. In certain states, it takes very long, as in Telangana, there is an estimated delay of 29 years and 2 months and in Tripura of 23 years.
- Open vacancies: between 2023 and 2024, six Information Commissions were wholly out of operation at one time or another because new commissioners were not appointed.
- Erosion via Legislative Changes: the RTI Amendment Act, 2019 diminished the independence of Information Commissioners by authorizing the Central Government to impose its terms and remuneration.
- Increased Exemption: The government departments often withhold information, citing the national security laws of the Secret Secrets Act 1923. To illustrate, some agencies such as RAW, IB and CERT-In fall out of exemption in the Second Schedule of the RTI Act, 2005.
- Risks to RTI Activists: RTI activists are harassed and even killed and this is a way of discouraging citizens from exposing corruption. Most of them were assaulted or murdered, and the Whistleblower Protection Act, 2014 was poorly enforced.
Reforms Required to Bring About Transparency in the RTI Framework
- Strengthening Information Commissions: Timely appointment of Information Commissions: Have an open, time-limited process of appointing IC and make commissions sufficiently staffed, technologically equipped and infrastructure.
- Incorporation of Technology: AI chatbots and automated assistants will assist citizens in filling RTI applications, and blockchain will guarantee the authenticity of the data.
- Strict compliance with the Law: The mandatory proactive disclosure of Section 4 of the RTI Act, 2005 and the imposition of penalties on Public Information Officers (PIOs) of the wrong to refuse or delaying to enforcement of the law to increase enforcement of RTI. Consider Information Commissions to file Annual Reports on time under Section 25 RTI Act, 2005 to ensure transparency and accountability.
- Protection of RTI Activists: Completely enforce the Whistleblower Protection Act, 2014, which has anonymous complaints and emergency protections, and the cases involving RTI activist attacks should be expedited in fast-track courts.
- Semi-Annulment of Autonomy: Parliamentary checkpoint in the appointment process is desirable rather than an executive prerogative and an independent check by the Supreme Court and High Courts every now and then will enhance independence.
Conclusion
- Twenty years since its passing, the RTI Act, 2005 has been confronted with systemic issues such as vacancies, over delays, loss of autonomy and intimidation of activists.
- It is important to strengthen Information Commissions, impose penalties, incorporate technology and secure the RTI activists so that the law can be seen as fulfilling its transparency, accountability, and democratic governance purpose.
Source: The DTE
Mains PYQ
(Q) The Right to Information Act is not all about citizens’ empowerment alone, it essentially redefines the concept of accountability.” Discuss. (2018)
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