Why This?

Governments are undermining the RTI Act by delaying the appointment of information commissioners, causing commissions to struggle with increasing backlogs, according to a 2023-24 report of Satark Nagrik Sangathan. This makes the topic important from the Governance point of view. Thus, knowing about the challenges in the implementation of RTI is important. But since RTI overlaps with multiple parts of the 4 GS papers, it is important to know the entire chain of ISSUE – SUBSTANTIATION-IMPACT for each challenge. This would make your prep for the topic conceptually strong.

GS1 – Indian Society: Role of Women, Urbanization, and Social Empowerment

Note4Students: Understand the role of RTI in promoting social accountability and the empowerment of marginalized communities. Study how RTI enables civil society to play an active role in strengthening democratic participation and social empowerment.

Microthemes: Social Empowerment, Government Programmes 

GS2 – Important aspects of Governance, Transparency, and Accountability, Separation of powers

Note4Students: Strengthen your understanding of RTI as a tool for ensuring transparency and good governance. Link the impact of RTI amendments and judicial rulings to arguments for protecting democratic accountability in India.

Microthemes:  Transparency and accountability

GS3 – Internal Security and Role of Non-state Actors in creating challenges to internal security

Note4Students: Explore how the protection of RTI activists relates to maintaining internal security and preventing governance abuses. Analyze how threats to RTI users affect civic activism and transparency in India.

Microthemes: Threat from external state or non-state actors, 

GS4 – Ethics in Governance: Accountability and Ethical Governance

Note4Students: Enhance your understanding of ethical governance through case studies on RTI. Examine the balance between transparency, privacy, and ethical challenges in governance systems.

Microthemes: Quality of service delivery, Information sharing and transparency in Government X RTI

The Right to Information empowers citizens in a democratic state by providing unhindered access to information about government functions across the legislative, executive, and judiciary. This right transforms individuals from passive subjects to active citizens in governance.

What is the Right to Information?

The Right to Information ensures that the public can access information about government functioning, promoting citizen engagement and accountability.

Philosophical Basis of Right to Information

The philosophical foundation of the Right to Information can be traced back to Aristotle’s ideas, linking Democracy’s core values—Liberty and Equality—with citizens’ right to know about governmental functions. Access to information shapes personal, social, political, and economic identity and capabilities.

Recognition in International Law

• United Nations (UN): In 1946, the UN General Assembly recognized Freedom of Information as a fundamental human right and essential for all other freedoms.
• International Covenant on Civil and Political Rights (ICCPR): Article 19 of the ICCPR enshrines the right to access information, establishing it as a legal obligation in international human rights law.

History of Constitutional Recognition in India

The Indian Constitution does not explicitly mention RTI as a fundamental right, but the Supreme Court has interpreted it as an extension of Article 19(1)(a) (freedom of speech and expression) and connected it to Article 21 (Right to Life and Personal Liberty).

• State of U.P. v Raj Narain (1975): SC declared that RTI is implicit in the right to freedom of speech and expression.
• S.P. Gupta v. President of India (1982): SC supported citizens’ right to know public actions and decisions by public functionaries.
• People’s Union for Civil Liberties v. Union of India: SC elevated RTI as a human right tied to Article 21.

Legislative Recognition

The Right to Information Act (RTI Act) was enacted in 2005 after strong advocacy from civil society groups like Mazdoor Kisan Shakti Sangathan and judicial support for transparency. The RTI Act aims to ensure transparency, accountability, and public access to information.

Significance of Right to Information

1. Exposing Corruption: RTI reveals corruption, nepotism, and favoritism (e.g., CWG scam, coal allocation scam).
2. Transparency in Executive Functions: Increases government department transparency (e.g., Public Distribution System in UP).
3. Strengthening Democracy: Empowers citizens to question the government, reinforcing democratic engagement.
4. Shift in Government Work Culture: Fosters a culture of openness and record-keeping in government offices.
5. Judiciary’s Role: Empowers the judiciary to nullify laws promoting secrecy (e.g., ruling on the Electoral Bonds scheme).

The Issue-Impact Conundrum

While the Right to Information (RTI) Act has been a vital tool for transparency and accountability, its effectiveness is being undermined by several challenges. The following table offers a clear framework that can be used to enrich answers with facts and data.

Way Forward

1. Judicial Reaffirmation: The Supreme Court should reaffirm RTI as essential to democracy, especially in cases like electoral bonds.
2. Language Accessibility: RTI information should be accessible in regional languages.
3. RTI Education: The right to know should be included in school curricula to cultivate vigilant citizens.
4. Inclusion of Political Parties: Parliament should consider extending RTI to cover political parties for better democratic accountability.

#BACK2BASICS

The lesser talked-about side : How RTI has ushered in an era of transparency ?

The RTI has reinforced democratic participation by transforming citizens from passive recipients of information to active stakeholders in governance.