Nineteen years ago, on 12 October 2005, India took a bold step toward enhancing transparency and accountability with the enactment of the Right to Information (RTI) Act. Widely regarded as one of the most progressive transparency laws globally, the RTI Act empowered citizens to access information from public authorities, allowing them to hold the government accountable. This landmark legislation promised to bridge the gap between the governing and the governed by facilitating access to vital information.
However, as we approach two decades of its implementation, the state of the RTI Act is in disrepair, threatening not only the Act itself but also the democratic principles it upholds. A recent report by Satark Nagrik Sangathan (SNS), which monitors transparency and accountability in governance, paints a grim picture of the RTI’s current status. From 1 July 2023, to 30 June 2024, seven of India’s 29 In formation Commissions ~ the bodies responsible for implementing the RTI Act ~ were defunct for varying periods. As of now, four continue to remain non-functional. The absence of functional commissions means large swathes of the population are unable to exercise their right to information.
This is further exacerbated by the fact that five Information Com missions are currently operating without a Chief Information Commissioner (CIC), which is critical for the resolution of cases and the overall efficiency of these bodies. This institutional breakdown has led to a significant backlog of pending cases, which fundamentally undermines the purpose of the RTI Act. Across India, more than 4 lakh RTI cases are pending, with several Information Commissions reporting waits of over a year. In Maharashtra, with the highest backlog, citizens may wait over two years for a response. Such delays undermine the purpose of the RTI Act; when information is delayed, it is effectively denied, leaving citizens powerless to hold the government accountable.
These backlogs point to deeper systemic issues, particularly the inconsistent implementation of the Act across states. Odisha, Bihar, and Gujarat have high pendency rates, while states like Tripura and Jharkhand have yet to appoint Information Commissioners. This uneven enforcement not only hinders access to information but also violates the fundamental right guaranteed under Article 19(1)(a) of the Constitution, threatening the integrity of government transparency. Another worrying development is the opacity within the institutions that are supposed to enforce transparency. According to reports, one-third of the Information Commissions have not uploaded their latest annual reports on their websites, a basic requirement under the RTI Act. These reports provide crucial information on the functioning of the commissions, including the number of cases handled and the challenges they face.
By not releasing this information, the commissions themselves are perpetuating a culture of unaccountability. The systemic weakening of the RTI framework has been further compounded by legislative and administrative actions that have eroded the independence of the Information Commissions. The 2019 amendments to the RTI Act are particularly notable in this regard. These amendments gave the central government the power to determine the tenure and salaries of Information Commissioners, which were previously fixed by law. This change has made the commissions more susceptible to political interference, weakening their ability to hold public authorities accountable.
A system that was once hailed for empowering citizens has become increasingly vulnerable to political control, eroding the very autonomy that made it effective. In addition to these systemic issues, the increasing violence and intimidation faced by RTI activists adds another layer of concern. Since the enactment of the RTI Act, over 100 activists have been killed, with many others facing threats, physical attacks, and intimidation for exposing corruption and government malpractices.
These activists, often operating alone and without institutional support, have risked their lives to uphold the values of transparency and accountability. The absence of robust protection mechanisms for whistleblowers has only worsened the situation, enabling vested interests to silence those who dare to question them. Despite these challenges, the RTI Act remains a crucial tool for ensuring accountability in India. It has ex – pos ed numerous instances of corruption and mismanagement over the years.
For example, RTI applications were instrumental in uncovering the misallocation of funds during the 2010 Commonwealth Games in New Delhi, leading to several investigations and the eventual arrest of officials. Similarly, RTI queries have exposed irregularities in welfare program mes such as the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) and the Public Distribution System (PDS), forcing authorities to address these issues. These examples illustrate the power of the RTI in enabling citizens to challenge entrenched power structures and demand better governance. However, for the RTI Act to continue serving its purpose, urgent reforms are needed to restore its efficacy. One of the most pressing issues is the need to fill the vacancies in the Information Commission. Without strong leadership, the commissions cannot function effectively, and the backlog of cases will only continue to grow.
The Central and state governments must ensure that qualified, independent individuals are chosen to fill these roles, free from political influence. Furthermore, a national audit of the Information Commissions should be conducted to assess their performance and identify the root causes of delays. Many commissions have cited a lack of resources, including insufficient funding and staffing, as a major obstacle to their functioning. The government must allocate adequate financial and human re sources to these bodies to ensure their smooth operation. Another critical reform is the reversal of the 2019 amendments that diluted the autonomy of the Information Commissions. The tenure and salaries of Information Commissioners should once again be fixed by law, ensuring that they can operate independently of political influence.
Restoring the commissions’ independence is crucial for maintaining the credibility of the RTI process and ensuring that public authorities are held ac countable. Additionally, proactive disclosure of information by government departments must be streng thened. Section 4 of the RTI Act mandates that public authorities disclose information on their own, without citizens having to file RTI applications. However, compliance with this provision has been woefully inadequate. Government agencies should be required to regularly update their websites with critical information on budgets, tenders, and decision-making processes, thereby reducing the burden on the RTI system and enhancing transparency. Finally, robust protection mechanisms for RTI activists must be implemented.
The government should establish a comprehensive whistleblower protection framework to ensure the safety and dignity of those who expose corruption and malpractices through RTI applications. The RTI Act was a watershed moment in India’s democratic journey, offering citizens the power to seek information and hold their government accountable. As we mark 19 years since its enactment, however, the system is at a critical juncture. The growing backlog of cases, the failure to appoint key officials, and the attacks on activists point to a deep governance crisis. Protecting and strengthening the RTI system is not just a legal necessity but a democratic imperative. The right to information is the cornerstone of meaningful governance, and urgent action is needed to protect it, ensuring that transparency and accountability remain central to India’s democratic institutions
(The writer is an author, policy analyst and columnist)