Introduction
The Right to Information (RTI) is a fundamental right derived from Article 19(1)(a) of the Indian Constitution, which guarantees the freedom of speech and expression. RTI enables citizens to access government records and hold public authorities accountable.
Good Governance refers to the efficient, transparent, and participatory administration of public affairs. RTI is a powerful tool for good governance as it promotes accountability, transparency, and citizen participation in decision-making.
What is the Right to Information (RTI)?
RTI is a legal right that allows citizens to seek information from government authorities. It aims to create an open and participatory democracy by ensuring public access to information.
Key Features of RTI:
- Empowers Citizens – Anyone can file an RTI application.
- Transparency & Accountability – Helps prevent corruption and arbitrary decision-making.
- Public Participation – Encourages citizens to engage in governance.
- Time-Bound Responses – Information must be provided within 30 days.
- Covers All Public Authorities – Includes government departments, PSUs, and NGOs receiving government funds.
Legal Framework of RTI in India
1. Constitutional Provisions
- Article 19(1)(a) – RTI is derived from the fundamental right to freedom of speech and expression.
- Article 21 – Right to life and personal liberty includes access to information for informed decision-making.
2. Right to Information Act, 2005
The RTI Act, 2005, came into force on October 12, 2005, and applies to all States and Union Territories of India, except Jammu and Kashmir (which has its own RTI law).
Salient Features of the RTI Act:
- Covers All Public Authorities – Includes government bodies, PSUs, municipal corporations, panchayats, and even NGOs receiving public funds.
- Obligation to Provide Information – Authorities must respond within 30 days (or 48 hours in urgent matters like life and liberty).
- Exemptions (Section 8 & 9) – Certain sensitive information, such as matters related to national security, trade secrets, or judicial proceedings, is exempted.
- Appeal Mechanism – Includes First Appeal (to senior officer), Second Appeal (to Information Commission), and Judicial Review.
- Penalties for Non-Compliance – Public Information Officers (PIOs) can be fined up to ₹25,000 for delaying or denying information without valid reasons.
3. Key Institutions Under RTI
- Central Information Commission (CIC) – Apex body dealing with RTI at the central level.
- State Information Commissions (SICs) – Handle RTI cases at the state level.
- Public Information Officers (PIOs) – Designated officials responsible for handling RTI requests.
RTI and Judicial Interpretations
1. State of U.P. v. Raj Narain (1975)
- Supreme Court held that citizens have the right to know about public acts and that secrecy is antithetical to democracy.
- Established the principle of government accountability.
2. Union of India v. Association for Democratic Reforms (2002)
- The Court ruled that voters have a right to know about the background of candidates contesting elections.
- Led to the disclosure of criminal records, financial details, and educational qualifications of politicians.
3. CBSE v. Aditya Bandopadhyay (2011)
- Supreme Court clarified that exam answer sheets can be accessed under RTI.
4. Girish Deshpande v. Central Information Commission (2012)
- Court ruled that personal information unrelated to public interest is exempt from RTI.
RTI and Good Governance
Good governance involves principles such as transparency, accountability, responsiveness, and efficiency. RTI strengthens democracy by ensuring that government actions remain transparent and accountable to the public.
How RTI Promotes Good Governance?
| Principle of Good Governance | How RTI Helps |
|---|---|
| Transparency | Citizens can access government records and policy decisions. |
| Accountability | Public officials must justify their actions, reducing corruption. |
| Participation | People can engage in decision-making processes. |
| Efficiency & Responsiveness | Government services improve due to public scrutiny. |
| Rule of Law | Strengthens legal compliance and justice delivery. |
Examples of RTI Improving Governance
- Adarsh Scam Exposure – RTI revealed illegal allotment of flats in Mumbai’s Adarsh Housing Society.
- 2G Spectrum Scam – RTI inquiries contributed to exposing telecom licensing irregularities.
- Commonwealth Games Scam – RTI uncovered financial mismanagement in CWG 2010.
- Public Distribution System (PDS) Reform – RTI helped detect fraud in ration distribution.
Challenges & Issues in Implementing RTI
Despite its success, RTI faces several challenges:
- Bureaucratic Resistance – Government officials often delay or deny information requests.
- Exemptions & Loopholes – Certain categories (like national security) are misused to deny information.
- Threats to RTI Activists – Several RTI activists have been attacked or killed for exposing corruption.
- Pending Cases & Delays – Over 40,000 RTI appeals are pending with Information Commissions.
- Weak Penalties for Non-Compliance – Many officials refuse to provide information without facing serious consequences.
Judicial Interventions for Strengthening RTI
- Anjali Bhardwaj v. Union of India (2019) – Supreme Court emphasized filling vacant posts in Information Commissions.
- Subhash Chandra Agarwal v. Supreme Court (2019) – Supreme Court ruled that the Office of the Chief Justice of India (CJI) comes under RTI.
Recent Amendments to RTI Act
The RTI (Amendment) Act, 2019, made two major changes:
- Tenure & Salary of Information Commissioners – No longer fixed at 5 years; determined by the government.
- Centralization of Control – Gave more power to the Central Government, raising concerns about weakened independence.
Many activists criticized these changes, arguing that they reduce the autonomy of Information Commissions.
Way Forward for Strengthening RTI & Good Governance
- Digital RTI Platforms – Expanding online filing and tracking of RTI applications.
- Protection for Whistleblowers & Activists – Stronger laws to prevent attacks on RTI activists.
- Reducing RTI Backlog – Faster resolution of pending appeals.
- Strict Penalties for Non-Compliance – Higher fines for denying or delaying information.
- Expanding RTI Awareness – Government and NGOs must promote awareness campaigns.
Conclusion
RTI is a cornerstone of democracy and a key tool for ensuring transparency, accountability, and citizen participation in governance. By making government actions open to public scrutiny, RTI strengthens good governance and helps combat corruption.
However, challenges such as bureaucratic resistance, RTI activist threats, and delays in information disclosure need urgent reforms. If properly implemented, RTI can ensure a more responsive and accountable government, fulfilling the vision of a truly participatory democracy.