Re-examination of RTI Act: Economic Survey

Economic Survey highlights the need for re-examination of the RTI Act, focusing on transparency, accountability, information overload, and strengthening governance mechanisms.

Table of Contents

Context

The Economic Survey 2025–26 urges a re-examination of the RTI Act, 2005, proposing limited exemptions for policy deliberations. It suggests a narrow, parliament-supervised ministerial veto to prevent disclosures that could “unduly constrain governance,” while retaining accountability.

Economic Survey (2025-26) Analysis:

- Call for Re-examination of RTI Act (2005): Economic Survey 2025–26 urges a review of the RTI Act to assess its impact on governance and policy-making.
- Proposed Adjustments to Disclosures: Suggests limiting disclosure of the deliberative process involved in policy formulation.
- Ministerial Veto with Oversight: Recommends exploring a narrowly defined ministerial veto, subject to parliamentary oversight, to prevent disclosures that may “unduly constrain governance.”
- RTI as a Democratic Tool: Acknowledges RTI as a major democratic reform promoting transparency, accountability, and anti-corruption.
- Warning Against Misuse: Note the risk of RTI becoming an “end in itself,” with disclosures celebrated even when they do not improve governance.
- Not Meant for Idle Curiosity: Emphasis RTI was not intended to enable micromanagement of government or satisfy idle curiosity.

Exemptions Suggested:

- Brainstorming notes and working papers
- Draft comments until final decisions are made
- Service records, transfers, and confidential staff reports
International Comparisons: Points out that countries like the US, UK, and Sweden exempt internal personnel rules, inter-agency memos, and financial regulations from disclosure.
Lack of Deliberative Exemption in India: Notes India has no general “deliberative process” exemption, unlike the US, UK, or South Africa.
File Notings and Drafts: Highlights that file notings, internal opinions, and draft notes are currently disclosable, with only Cabinet papers temporarily protected.
Impact on Policy Innovation: Warns that constant disclosure may lead officials to avoid bold ideas and use overly cautious language.
Balanced Transparency Approach: Stresses that democracy works best when officials can deliberate freely and are held accountable for final decisions, not preliminary thoughts.