Right To Information, Objective, Features, Need, Provisions & Act

The Right to Information (RTI) Act ensures everyone the freedom to access information and opinions about any topic through any media, across all barriers. Enacted as part of the Universal Declaration of Human Rights in 1948, significant amendments were made to the RTI Act in 2005. This act is a cornerstone of Indian Polity, a crucial subject in the UPSC syllabus. For aspirants, practicing with UPSC Mock Tests can enhance preparation accuracy.

Right to Information (RTI)

Article 19(1) of the Indian Constitution identifies the right to information as a fundamental right. The Supreme Court, in the landmark case of Raj Narain v. State of Uttar Pradesh (1976), affirmed that the right to information is intrinsic to Article 19. This decision emphasized that in a democracy, citizens have the right to know how their government functions. Consequently, the Right to Information Act was enacted in 2005, providing a framework for exercising this fundamental right.

Supreme Court to Decide on Crucial RTI Issue 

The Supreme Court has taken up a public interest litigation (PIL) to consider whether documents submitted during a first appeal under the Right to Information (RTI) Act need to be re-submitted during a second appeal. A bench led by Chief Justice DY Chandrachud issued a notice seeking a response from the respondent authority. The petitioner argues that re-submitting documents is unnecessary and burdensome, while the respondent authority may argue it ensures all relevant information is considered. The Court’s decision will clarify a significant aspect of the RTI Act, impacting the appeal process and citizens’ access to information.

Objective of RTI Act

The RTI Act aims to empower citizens, foster transparency and accountability in governmental operations, combat corruption, and ensure that democracy serves the people effectively. An informed citizenry is better equipped to scrutinize governance mechanisms and hold the government accountable.

Features of RTI Act

1. Citizen’s Right to Information: Any Indian citizen can request information from a public authority. The information must be provided within 30 days.
2. Public Information Officers (PIOs): Each public authority must appoint PIOs to handle information requests.
3. Digitization of Records: Government agencies are encouraged to digitize records for wider public access.
4. Exemptions: The RTI Act does not apply to Jammu and Kashmir, which has its own RTI Act of 2009. Certain intelligence and security agencies are also exempt.
5. Three-tier Enforcement System: This includes the Public Information Officer, First Appellate Authority, and Central Information Commission (CIC). Appeals can be made if information is not provided within 30 days, with a further appeal possible within 90 days if necessary.

Need for Right to Information

The RTI Act is crucial for maintaining transparency and accountability in government operations. It grants citizens the right to access information held by public authorities, fostering an environment where misuse of information is minimized. This act is particularly empowering for marginalized communities, enabling them to inquire about government policies and initiatives affecting their welfare. The RTI Act has been instrumental in exposing high-level corruption in various sectors.

Key Provisions of RTI Act, 2005

1. Section 2(h): Defines ‘public authorities’ including all agencies and organizations under the union, state, or local body jurisdiction.
2. Section 4(1)(b): Mandates proactive disclosure and updating of information by the government.
3. Section 6: Outlines a simple process for securing information.
4. Section 7: Specifies the time limit for PIOs to provide information.
5. Section 8: Lists exemptions from disclosure.
6. Section 19: Details a two-tier appeals process.
7. Section 20: Imposes penalties for failing to provide timely, accurate, or complete information.
8. Section 23: Excludes lower courts from jurisdiction over RTI disputes, preserving the writ jurisdiction of the Supreme Court and High Courts.

Challenges of RTI Act

1. Insufficient Participation of Women: Women’s involvement in the RTI process is low.
2. Lack of Training for PIOs: Many PIOs are appointed without adequate training.
3. Poor Record-Keeping: Inadequate record-keeping practices hinder transparency.
4. Pending Cases: A backlog of cases indicates administrative neglect.
5. Insufficient Infrastructure: There is a severe lack of infrastructure and staff to manage Information Commissions.
6. Whistleblower Protection: Weak laws fail to protect RTI activists adequately.
7. Exemptions for Political Parties and Judiciary: These exemptions undermine efforts to promote transparency.
8. Recent Amendments: Recent changes may erode the act’s primary goals, fostering political favoritism in the appointment of information commissioners.

RTI Act Amendments

The RTI Amendment Act of 2019 introduced significant changes:

1. Tenure of Chief Information Commissioner: The union government now determines the tenure of the Chief Information Commissioner at the central and state levels.
2. Salaries and Allowances: The union government sets the salaries and allowances of the Chief Information Commissioner and Information Commissioners.
3. Pension and Retirement Benefits: The amendment removed clauses prohibiting the Chief Information Commissioner and information commissioners from receiving pensions or retirement benefits from prior public service.

Right to Information UPSC

The RTI Act is a vital topic in the UPSC syllabus, particularly for the Indian Polity section in both Prelims and Mains exams. Understanding its significance and provisions is crucial for aspirants. For detailed study materials and preparation resources, students can refer to platforms like StudyIQ UPSC Online Coaching.

Conclusion

The Right to Information Act, 2005, is a powerful tool for citizens to ensure transparency and accountability in government. Despite its challenges, the RTI Act remains a cornerstone of democratic governance, empowering citizens to actively participate in and scrutinize governmental functions.