UPSC Mains
GS Paper II
Transparency & Statutory Bodies
RTI Act at 21: Gaps in Suo Motu Disclosure
The RTI Act, 2005 completed 21 years on 12 October, but public authorities are widely failing to make the suo motu disclosures required under Section 4, despite steady improvement in compliance
RTI ACT ENACTED
2005 (21 years)
SECTION 4(1)(b) CATEGORIES
16 (+8 by DoPT)
REPLY TIME (SECTIONS 6 & 7)
30 days / 48 hours
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Why in News?
- The Right to Information (RTI) Act, 2005 completed 21 years on 12 October.
- Public authorities are widely failing to make the suo motu disclosures required under Section 4 of the Act, despite steady improvement in compliance.
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Source: The Hindu
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About the RTI Act
- The RTI Act replaced the Freedom of Information Act, 2002 and gives citizens a legal right to seek information from public authorities.
- It grew out of grassroots campaigns, notably by the Mazdoor Kisan Shakti Sangathan in Rajasthan.
Key Features
- A citizen can seek information under Section 6, and the authority must reply within 30 days, or within 48 hours if the matter concerns life or liberty (Section 7).
- Section 4(1)(b) lists 16 categories of information that authorities must publish on their own, from officials’ contact details to budgets. DoPT guidelines add eight more categories, including procurement, PPPs and RTI applications received.
- Section 8 lists exemptions, such as information affecting national security or personal information.
- Under Section 24 and the Second Schedule, specified intelligence and security organisations are exempt, except for information on corruption and human rights violations.
- The Central and State Information Commissions hear appeals and complaints.
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Source: The Hindu
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Provisions
- Article 19(1)(a): It includes the right to know, as held in State of U.P. v. Raj Narain (1975).
- RTI (Amendment) Act, 2019: It allows the Centre to fix the tenure and salaries of Information Commissioners.
- Digital Personal Data Protection Act, 2023: It amended Section 8(1)(j), which has widened the exemption for personal information.
- CPIO, Supreme Court v. Subhash Chandra Agarwal (2019): The Supreme Court held that the office of the CJI is a public authority under the Act.
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Source: The Hindu
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Significance
- Suo motu disclosure means citizens don’t have to file requests for basic information, which reduces the burden on both citizens and authorities.
- Proactive transparency helps curb corruption and arbitrary decision-making.
- Better disclosure can cut the growing pendency before Information Commissions.
- Third-party transparency audits create an objective way to measure compliance.
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Source: The Hindu
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Challenges
Missing Audit Reports
More than a third of registered authorities have not submitted transparency audit reports.
Outdated Websites
Many websites carry outdated or minimal information, which defeats the purpose of Section 4.
Pendency and Vacancies
Commissions face mounting pendency and frequent vacancies.
Independence Concerns
Amendments in 2019 and 2023 have raised concerns about the independence of Commissions and the scope of the personal-information exemption.
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Source: The Hindu
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Way Forward
Measurable Compliance
Section 4 compliance should be made a measurable performance indicator for departments and their heads.
Common Portal
Disclosures should be published on a common, machine-readable portal with mandatory update dates.
Penalties and Rankings
Information Commissions should be empowered to impose penalties for non-disclosure and to publish compliance rankings.
Fill Vacancies
Vacancies in Commissions should be filled on time to reduce pendency.
Prelims Pointers
- Section 4(1)(b) lists 16 categories of mandatory suo motu disclosure.
- The reply time under the Act is 30 days, or 48 hours where life or liberty is involved.
- Section 24 exempts intelligence and security organisations listed in the Second Schedule.
Conclusion: Two decades on, the RTI Act’s promise of proactive transparency remains only partly fulfilled. Enforcing Section 4 can make the Act less a tool of last resort and more a habit of governance.
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Source: The Hindu
