Introduction to the Right to Information (RTI) Act
The introduction of the Right to Information (RTI) Act was initially seen as a transformative step for Indian citizens, empowering them to seek government information with dignity and respect. It aimed to make citizens the vigilance monitors of their government, potentially curbing corruption and arbitrariness.
Initial Challenges and Amendments
However, the realization that this act shifted power from public servants to citizens led the government to propose amendments that would weaken it. These were dropped in response to widespread public protests.
Role and Challenges of Information Commissions
Information Commissions were established as the final appellate authorities under the RTI Act.
- Most information commissioners were retired bureaucrats, who found it challenging to transfer power to citizens.
- Many treated these positions as post-retirement sinecures, leading to inefficiencies.
- The average case disposal rate by commissioners was significantly lower than that of High Court judges, contributing to prolonged pendency.
- The Act’s penal provisions were seldom used, diminishing its effectiveness.
- Delays in appointing commissioners led to increased backlogs.
Judicial Interpretations and Impact
Supreme Court Judgments
The approach to the RTI Act changed significantly with two key judgments:
- Central Board of Secondary Education & Anr. vs Aditya Bandopadhyay & Ors (2011): Emphasized that indiscriminate RTI demands could hinder administrative efficiency and national development.
- Girish Ramchandra Deshpande vs Cen. Information Commr. & Ors (2012): Denied access to certain personal information, setting a precedent that has been used to limit disclosures under the RTI Act.
Legal and Legislative Considerations
The judgments have led to a narrowing interpretation of the RTI Act, turning it increasingly into a "Right to Deny Information" rather than a tool for transparency.
Recommendations for Rectification
- To fulfill the original promise of the RTI, there is a need to adhere to the original Act's intentions.
- Citizens and the media must actively discuss and defend the RTI to prevent the dilution of this fundamental right under Article 19(1)(a) of the Indian Constitution.
Shailesh Gandhi, a former Central Information Commissioner, highlights the importance of maintaining the integrity of the RTI Act in its intended form to ensure governmental transparency and accountability.