Source: The Hindu 

Introduction 

The Right to Information (RTI) Act of 2005 has been a powerful tool for Indian citizens to uncover corruption and hold the government accountable. It's been around for almost 20 years now, helping people get important information about how their country is run. However, because it's so effective, there's been pushback against the law and the people who use it. The government seems to be trying to weaken the RTI Act in various ways. 

What is Right to Information Act, 2005?  

• Right to Information (Section 3):  
  • All citizens have the right to information, subject to the provisions of this Act. 
• Obligations of Public Authorities (Section 4):  
  • Maintain and catalog records 
  • Computerize records within a reasonable time 
  • Publish various details about the organization within 120 days of enactment 
  • Provide reasons for administrative or quasi-judicial decisions to affected persons 
• Designation of Public Information Officers (Section 5):  
  • Every public authority must designate Central or State Public Information Officers 
  • Assistant Public Information Officers to be designated at sub-divisional or sub-district levels 
• Request for Obtaining Information (Section 6):  
  • Requests can be made in writing, electronically, or orally 
  • Applicants not required to give reasons for requesting information 
• Disposal of Request (Section 7):  
  • Information to be provided within 30 days of request 
  • If information concerns life or liberty, it must be provided within 48 hours 
  • Fees may be charged for providing information 
• Exemption from Disclosure of Information (Section 8):  
  • Lists various grounds for exemption, including national security, commercial confidence, and personal information 
  • Public interest disclosure possible despite exemptions 
• Grounds for Rejection to Access in Certain Cases (Section 9):  
  • Requests can be rejected if they would infringe on copyright 
• Severability (Section 10):  
  • Access may be provided to part of a record if the exempt information can be reasonably severed 
• Third Party Information (Section 11):  
  • Procedure for handling information related to or supplied by a third party 
• Constitution of Information Commissions (Sections 12-15):  
  • Establishes Central and State Information Commissions 
  • appointment process for Information Commissioners 
• Term of Office and Conditions of Service (Sections 13 and 16):  
  • Details terms, salaries, and conditions of service for Information Commissioners 
• Removal of Information Commissioners (Sections 14 and 17):  
  • States grounds and process for removal of Information Commissioners 
• Powers and Functions of Information Commissions (Section 18):  
  • Commissions can inquire into complaints and have powers of a civil court 
• Appeal Process (Section 19):  
  • Deals first and second appeal processes 
  • Decisions of Information Commissions are binding 
• Penalties (Section 20):  
  • Penalties for Public Information Officers for unreasonable refusal, delay, or obstruction 
  • Recommends disciplinary action for persistent violations 

What is the Central Information Commission? 

• Established:  
  • The Central Information Commission was established by the Central Government in 2005, under the provisions of the Right to Information Act (2005).  
  • It is not a constitutional body. 
• Members:  
  • The Commission consists of a Chief Information Commissioner and not more than ten Information Commissioners. 
• Appointment:  
  • They are appointed by the President on the recommendation of a committee consisting of the Prime Minister as Chairperson, the Leader of Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister. 
• Tenure:  
  • The Chief Information Commissioner and an Information Commissioner shall hold office for such term as prescribed by the Central Government or until they attain the age of 65 years, whichever is earlier. 
  • They are not eligible for reappointment. 
• Power and Functions of CIC: 
  • It is the duty of the Commission to receive and inquire into a complaint from any person regarding information requested under RTI, 2005. 
  • The Commission can order an inquiry into any matter if there are reasonable grounds (suo-moto power). 
  • While inquiring, the Commission has the powers of a civil court in respect of summoning, requiring documents etc.

What are the Powers and Challenges Faced by Information Commissions Under the RTI Act? 

• The Right to Information (RTI) Act establishes information commissions as the final appellate authority to safeguard and facilitate people's right to information. 
• Information commissions have wide-ranging powers, including direct disclosure of information that the government may find inconvenient. 
• The Supreme Court has issued repeated directions to fill vacancies in information commissions, particularly the Central Information Commission. 
• In 2023, the Supreme Court noted that failure to fill vacancies in information commissions is leading to a situation where "the right to information which is recognized under an Act of Parliament becomes a dead letter." 
• The RTI Act includes a framework of incentives and disincentives, including the power to impose penalties for violations of the transparency law. 
• Information commissioners have the authority to impose penalties in cases where the RTI Act is violated, though the report indicates this power is rarely exercised. 

What are the Impacts of Recent Amendments and Laws on the Right to Information in India? 

• 2019 Amendments:  
  • The Central government was empowered to determine the tenure, salaries, pensions, and post-retirement entitlements of all information commissioners. 
  • This amendment affected the autonomy of information commissions. 
• Digital Personal Data Protection (DPDP) Act, 2023:  
  • Introduced an explicit provision to amend the RTI law. 
  • Exempted all personal information from disclosure under the RTI Act. 
• Amendment to Section 8(1)(j) of the RTI Act:  
  • Original provision: Protected privacy through specific conditions for denying personal information. 
  • Amended provision: Expanded to exempt all personal information from the RTI Act's ambit. 
• Deletion of key provision:  
  • Removed the provision that gave citizens a right to information on par with Members of Parliament and Members of Legislative Assemblies. 
• Whistleblowers Protection Act, 2014:  
  • Passed in 2014 but remains inoperative. 
  • The Central government has failed to formulate rules to operationalize this Act. 
• Impact on RTI users:  
  • According to Transparency International India data, nearly 100 people have been killed for using the RTI Act. 
  • Thousands have been assaulted, threatened, and faced false cases. 
• Scale of RTI usage:  
  • Approximately 6 million information applications are filed in India annually. 
• Significance of RTI:  
  • The RTI law has been instrumental in redistributing power in a democratic framework. 
  • It has transformed the relationship between the government and citizens. 

Conclusion 

The RTI Act has been crucial in shifting power to citizens and changing how they interact with the government. Every year, about 6 million information requests are filed in India, showing how important this law is to people. However, using the RTI Act can be dangerous - some people have even been killed for it, while others face threats and false accusations. If the government continues to weaken this law, it's not just harming transparency, but also chipping away at democracy itself.