Editorial: RTI at 20— Diluting people’s power

The RTI Act promises citizens information within 30 days — or within 48 hours if life or liberty is at stake — yet today many applicants wait for years, making a mockery of the law’s intent

As the landmark Right to Information (RTI) Act completes 20 years next month, the occasion calls for candid introspection about the legislation’s bumpy ride so far, the hits and misses along the way, and whether it is anywhere close to meeting the original objectives. Undoubtedly, the RTI Act, which came into force in 2005, is a powerful democratic tool in the hands of the common man to demand information and accountability from the governments. However, there have been challenges because of the attempts — some open and some stealthy — to dilute the provisions of the Act and undermine its spirit. The NDA government has been facing criticism from opposition parties and information activists for its blatant moves to chip away at the independence and autonomy of the institution and turn it into an extension of a pliable bureaucratic set-up. Instead of genuinely arming the citizens with the power to demand accountability, the RTI regime has, over the years, weakened significantly. It is plagued by vacancies, delays, and institutional neglect. The Central Information Commission (CIC), the apex body meant to enforce the law, is headless for the seventh time in 11 years. Thousands of appeals and complaints languish in backlog, and appointments of commissioners remain mired in systemic delays. The RTI Act promises citizens information within 30 days — or within 48 hours if life or liberty is at stake — yet today many applicants wait for years for hearings, making a mockery of the law’s intent. The gradual dilution and weaponisation of the RTI Act, driven by political and bureaucratic interests, is a matter of grave concern.

The Supreme Court has repeatedly pulled up the Centre and State governments for inordinate delay in appointing the required number of Information Commissioners and often wondered what was the use of creating the institution for transparency in governance if there were no people to work for the law. In January this year, the apex court noted that there were over 23,000 appeals pending with the Central Information Commission (CIC), seeking information from various government departments. Several Information Commissions in States have been defunct since 2020, and some have stopped accepting petitions under the RTI Act. Despite repeated nudges from the SC, the Union government has shown scant urgency in filling posts at the CIC and State Commissions. As a result, citizens have been denied the timely information that the Act guarantees. Apart from this, several legislative and administrative moves aimed at diluting the tenure and status of information commissioners have narrowed the scope of transparency. It is time the government took credible measures to restore the information commissions to full strength, ensure proactive disclosures by departments, and protect the Act from legislative dilution and slow death. Failing to do so would amount to squandering away one of the most important democratic achievements the country had seen since Independence.

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