The Right to Information (RTI) Act, passed in 2005, marked a historic moment in India's democratic evolution. It signified a formal
By: Jasmine Hora, Advocate
The Right to Information (RTI) Act, passed in 2005, marked a historic moment in India’s democratic evolution. It signified a formal acknowledgement of the citizens’ right to access information held by public authorities. RTI resulted from a long-standing demand for transparency, accountability, and empowerment of ordinary citizens. As the Act has completed over a decade, it is worth reflecting on the significant achievements it has accomplished and the challenges it continues to face.

Origins and Evolution of RTI

The journey of RTI began in the early 1990s with grassroots movements like the Mazdoor Kisan Shakti Sangathan (MKSS) in Rajasthan, which highlighted the need for transparency in government records, particularly related to land and wages. This led to broader discussions on the right to information, culminating in the formation of the RTI Act in 2005. The law promised to usher in an era of open governance and civic empowerment, giving citizens the ability to seek information from public authorities within a prescribed time frame.

Achievements of RTI

1. Increased Transparency in Government
One of the most visible achievements of the RTI Act has been the increase in transparency within government functioning. From decision-making processes to the allocation of public funds, the Act has ensured that citizens have access to critical information. It has exposed inefficiencies, irregularities, and corruption in various government sectors, making bureaucrats and public officials more cautious about their actions and decisions.

For instance, RTI applications have played a key role in uncovering corruption scandals, such as the 2G spectrum allocation case and the Commonwealth Games scam, which involved mismanagement of public resources on a massive scale. Citizens have used RTI to scrutinize public welfare schemes, uncovering discrepancies in their implementation and allocation of resources.

2. Empowerment of Citizens
RTI has significantly empowered ordinary citizens, enabling them to become active participants in democracy. It has given the marginalized and underprivileged a tool to demand accountability from public authorities. Farmers, labourers, and rural citizens have often used RTI to gain access to information about land records, employment schemes, and other government services, ensuring their rightful entitlements.


For example, in rural India, citizens have successfully used RTI to check the distribution of rations, and wages under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), and the allocation of resources under other welfare schemes. By doing so, it has allowed people to exercise their rights more effectively.


3. A Tool Against Corruption
RTI has emerged as a potent weapon against corruption. Activists, journalists, and common citizens have used it to uncover corrupt practices at various levels of government. This has helped in holding public officials accountable for their actions. Through RTI, many have exposed cases of embezzlement, irregularities in public procurement, and misuse of office.


A striking example is the way RTI has been used to expose the mismanagement of funds allocated for welfare programs such as the Mid-Day Meal Scheme. The transparency brought by RTI has forced government officials to be more careful about public expenditure, as citizens now have the means to question the legitimacy of decisions.


4. Judicial and Legal Reforms
The RTI Act has also led to significant judicial and legal reforms by bringing transparency to the functioning of the judiciary. Though the judiciary initially resisted the application of RTI to its own affairs, the Act has been gradually applied to administrative functions of the courts. Landmark judgments have expanded the scope of RTI, making it applicable to various government bodies, including political parties and law enforcement agencies, albeit with some restrictions.


5. Fostering Public Accountability
The Act has fostered a culture of public accountability, with citizens exercising their right to know more frequently. It has introduced transparency in sectors like education, healthcare, and law enforcement. The Public Information Officers (PIOs) designated in every public office have made access to information much more streamlined. Many government institutions now proactively disclose information on their websites, reducing the need for formal RTI applications.

Challenges Faced by RTI

Despite its notable achievements, RTI has faced several challenges that have hindered its potential.


1. Backlog and Delay in Information Delivery
One of the significant challenges of the RTI Act is the backlog and delays in responding to requests. Although the law mandates that information be provided within 30 days, a large number of cases exceed this time limit due to insufficient infrastructure and a lack of trained personnel. Many public authorities do not have adequate resources or staff to process the requests efficiently.


This delay is further exacerbated at the level of Information Commissions, which are often overburdened with appeals and complaints. In some states, cases have piled up for years, undermining the effectiveness of the Act.


2. Lack of Awareness and Education
While RTI is a powerful tool, its reach has been limited by a lack of awareness, especially among rural populations. Many people in remote areas still do not know how to file an RTI application or are unaware of their right to access government-held information. The lack of comprehensive education campaigns has meant that large sections of society remain excluded from exercising this right.


This gap is particularly stark in tribal areas, where issues like land rights and access to public welfare schemes are critical but under-represented due to low levels of literacy and awareness about RTI.


3. Threats and Intimidation Against RTI Activists
A worrying challenge is the increasing number of threats and attacks on RTI activists. In the last decade, numerous whistleblowers who used RTI to expose corruption have faced intimidation, harassment, and even violence. Some have lost their lives. The lack of a strong whistleblower protection mechanism has deterred many citizens from using RTI to expose irregularities in governance.


This situation has created an atmosphere of fear and insecurity, with activists calling for stronger legal safeguards to protect those who file RTI requests in the public interest.


4. Dilution of the RTI Act
In recent years, there have been concerns about attempts to dilute the power of the RTI Act. Amendments made in 2019 altered the terms of appointment and salaries of Information Commissioners, which many activists see as an attempt to undermine their independence. Critics argue that these changes may compromise the impartiality of the Information Commissions, reducing their ability to hold public officials accountable.


The reduction in proactive disclosures by many government departments, coupled with these amendments, has raised alarms about the possible erosion of the transparency regime created by RTI.


5. Exemptions and Misuse
Several public authorities have been exempted from the purview of RTI, particularly security and intelligence agencies. Though these exemptions are made in the name of national security, critics argue that they have often been misused to avoid scrutiny. Furthermore, there have been instances where RTI has been misused for personal vendettas, leading to frivolous requests that burden the system unnecessarily.

The Way Forward

To ensure the continued success of RTI in promoting transparency and accountability, several reforms need to be undertaken. Strengthening the infrastructure of Information Commissions and ensuring timely disposal of requests and appeals is crucial. The government should invest in training more personnel, particularly in rural areas, and increase awareness campaigns to educate citizens about their rights under RTI.


Protection mechanisms for whistleblowers and RTI activists need to be implemented to safeguard those who use the Act to expose corruption and malpractices. A strong, independent Information Commission is vital for the effective functioning of the RTI regime. Moreover, proactive disclosure of information by public authorities should be encouraged to reduce the burden of RTI requests and ensure a more transparent governance system.

Conclusion

A decade of RTI has brought substantial progress toward transparency and accountability in India. Despite its challenges, the Act remains a powerful tool for citizens to demand answers from those in power. Moving forward, the success of RTI will depend on how effectively the challenges are addressed, ensuring that this right is preserved for future generations to use and benefit from.