Mains Daily Question
Sept. 13, 2023
Q.2) Right to Information (RTI) is considered a sunshine legislation. In the context of the changes made by the RTI (Amendment) Act, 2019, identify the challenges that persist. Suggest suitable measures to ensure the effectiveness of the Act. (10 Marks/150 Words)
Approach:
Introduction: Describe about Right to Information (RTI) or highlight the evolving challenges and emerging issues that pose limitations to the Act’s effectiveness.
Body:
Heading 1: Mention why RTI is considered a sunshine legislation.
Heading 2: Highlight the challenges in the RTI Act, with a specific emphasis on the implications resulting
from the amendments introduced in the 2019 amendment.
Conclusion:
Conclude by highlighting the need to preserve a culture of transparency and institutional independence or Highlight the importance of ongoing discussions and evaluation to identify and overcome the obstacles faced by the RTI Act.
Answer:
The Right to Information (RTI) Act is parliamentary legislation that grants citizens the right to obtain information from public offices within a specified timeframe. Often referred to as “sunshine legislation,” RTI aims to foster a culture of transparency and openness, replacing the traditional culture of secrecy prevalent in government offices.
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Additional Information: RTI Act - A sunshine legislation: ● Institutionalizing Transparency: The RTI Act establishes public information officers, time limits for information provision, and a grievance redressal mechanism, ensuring transparency at every public office. ● Proactive Disclosures: Section 4 of the RTI Act mandates suo moto disclosures, promoting transparency and preventing RTI applications from becoming administrative burdens. ● Enabling Citizen Accountability: RTI empowers citizens to hold government agencies accountable for delivering entitlements such as public services, scholarships, pensions, etc. ● Exposing Corruption: RTI has played a pivotal role in exposing corruption, as seen in cases like the Adarsh Society Scam and the 2G scam. ● Strengthening Civil Society: RTI has bolstered civil society organizations by enabling them to hold the government accountable for transparency in terms of budget allocation and outcomes for the betterment of the underprivileged. |
RTI Act: Challenges and limitations:
● Independence at Risk: The RTI (Amendment) Act, 2019 undermines the independence of Central and State ICs, subjecting their terms to executive rules instead of legislative provisions.
● Politicization Concerns: The amendment act empowers the central government to determine tenure, and salaries of Commissioners, risking arbitrary removal and politicization.
● Centralization vs. Federalism: Control over SICs by the central government undermines the federal spirit, compromising their role as transparency watchdogs.
● Pendency and Enforcement Issues: A backlog of appeals due to denied information and delays in enforcing decisions hamper resolution and implementation.
● Whistle-blower Protection Challenge: RTI activists face danger, with over 85 killed since 2005, indicating a need for improved protection.
● Overuse of National Security Exemption: Section 8’s national security exemption is often used to reject
information requests, burdening government offices and impacting regular work.
Measures to ensure the effectiveness of the Act
● Constitutional Status to CIC and ICs: The constitutional status will give RTI and CIC proper sovereign backing to function autonomously.
● Strengthening Information Commissions: Ensure the independence and effectiveness of Information Commissions by providing adequate resources, infrastructure, and staffing.
● Awareness and outreach: Any empowerment or transparency drive is incomplete without the involvement of stakeholders, which can be ensured by mobilizing NGOs and Citizens.
● Whistleblowers Protection: Implement robust mechanisms to protect whistleblowers who expose corruption or wrongdoing concerning the disclosure of information.
● Balancing RTI with the Privacy and Official Secrets Act: The concern regarding sensitive data needs to be well-defined to avoid any vague dismissal of RTI applications by Public Information Officers.
● Capacity Building for Public Authorities: Provide training and capacity-building programs for public authorities on their obligations under the RTI Act, including the proper handling and disclosure of information.
While the RTI Act has initiated a transformative change in the administrative culture of secrecy, there is still much work to be done to uphold the principles of transparency. Implementing the 2nd ARC recommendation, public officials should be bound by an oath of transparency, while curbing government interference is crucial to ensuring institutional independence in promoting transparency.
