Why in the News?

RTI activists across India marked 20 years since the Right to Information Act, 2005, came into effect.

About the Right to Information (RTI) Act, 2005:

• Overview: Passed by Parliament in 2005, replacing the Freedom of Information Act, 2002.
• Objective: Empower citizens to access information freely from public authorities to promote openness and good governance.
• Scope: Applicable to Central, State, and Local Governments, public sector undertakings, and statutory bodies.
• Key Provision: Under Section 22, the RTI Act overrides all other laws that may restrict access to information.
• Constitutional Basis:
  • It is derived from Article 19(1)(a), the Right to Freedom of Speech and Expression.
  • The Supreme Court has recognized access to information as implicit in freedom of expression.
  • Backed by Article 32 and Article 226, citizens can seek redress for violations through the Supreme Court and High Courts.
  • RTI upholds constitutional principles of equality (Article 14) and personal liberty (Article 21) by ensuring informed citizen participation.
• Timeframe for Response:
  • 30 days in general cases.
  • 48 hours when life or liberty is involved.
• Exemptions from Disclosure:
  • Section 8(1): Exempts disclosure of information that could compromise sovereignty, national security, strategic or economic interests, or affect foreign relations.
  • Section 8(2): Allows disclosure if public interest outweighs potential harm to protected interests.
  • Proactive Disclosure: Every public authority must digitize records and proactively publish information to minimize formal RTI requests.
• RTI (Amendment) Act, 2019:
• • The amendment removed fixed tenure (5 years) and salary parity with Election Commissioners.
  • It vested powers in the Central Government to determine terms of service, tenure, and allowances for CIC and ICs.
  • This was viewed as reducing the institutional autonomy of the RTI framework, raising concerns among transparency advocates.

Institutional Framework:

1. Central Information Commission (CIC)

• Composition: Chief Information Commissioner (CIC) + up to 10 Information Commissioners (ICs).
• Appointment: By the President on recommendation of a committee comprising the Prime Minister (Chairperson), Leader of Opposition (Lok Sabha), and a Union Cabinet Minister.
• Tenure: As prescribed by the Central Government or until 65 years of age, whichever is earlier.
• Functions:
  • Inquire into complaints and appeals under RTI.
  • Exercise civil court powers for summoning witnesses or documents.
  • Conduct suo motu inquiries in cases of systemic non-compliance.

2. State Information Commissions (SICs)

• Composition: State Chief Information Commissioner + up to 10 Information Commissioners.
• Appointment: By the Governor, based on recommendations from a committee chaired by the Chief Minister, along with the Leader of Opposition and a Cabinet Minister.
• Qualifications: Persons of eminence in public life, not affiliated with political parties or profit-making roles.
• Functions: Parallel to CIC at the state level, ensuring local compliance with RTI obligations.

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