The implementation gap between the governments' rhetoric on transparency and the reality on the ground highlights significant systemic failures, official negligence, and political indifference.
A Landmark Law Faces Obstacles
Former US President Woodrow Wilson famously stated that government should be transparent, not operating behind closed walls, as "secrecy breeds corruption... openness prevents it." The RTI Act was enacted with the primary goals of eliminating corruption, promoting accountability, ensuring transparency, and delivering good governance from the Panchayat level up to the Prime Minister's Office.
The genesis of the RTI can be traced back to the 1976 Supreme Court judgment in the UP State vs. Raj Narain case, where the court declared that the Right to Information is an inherent part of the fundamental right to freedom of speech and expression (Article 19(1)(a)). This ruling eventually paved the way for the Act's introduction in 2005.
Over the last two decades, the RTI has been a crucial tool in exposing major scams, including the 2G Spectrum allocations, the Commonwealth Games scandal, and the Coalgate scam. It has also proved effective in social audits and scrutiny of National Rural Employment Guarantee Scheme (NREGS) works.
Delays, Denials, and Dangers to Activists
Despite its successes, ordinary citizens seeking information face a gauntlet of challenges:
Deliberate Delays and Denial: A staggering ninety percent of applicants face issues where officials intentionally delay or provide incomplete information, or outright reject applications.
Safety of Activists: RTI activists who expose corruption face severe threats. Hundreds of activists have been murdered, and thousands have been assaulted or intimidated.
Protracted Waiting Periods: Surveys indicate that information—which should be provided within the mandated 30-day limit—often takes months or even years, primarily due to the negligence of governments and officials.
Weakening the System: Poor Awareness and Technical Glitches
Experts and applicants point to several systemic issues that are weakening the law's effectiveness:
Lack of Public Awareness: Both Central and State governments have failed to adequately promote the RTI Act. Many people, especially in rural areas, are completely unaware of its existence, thereby restricting access for the common citizen. Experts suggest raising awareness from the school level.
Technological Barriers: The websites of Central and State Commissions are often not user-friendly, plagued by technical issues like delayed OTPs, payment failures, and difficulties in application follow-up.
Pending Applications: Millions of applications and appeals are accumulating annually at both Central and State Information Commissions, and the inquiry process is slow.
Furthermore, the RTI Act amendment in 2019—which granted the Central Government the power to prescribe the
terms and tenure of Information Commissioners (Sections 13 and 16)—drew strong criticism. Experts argued that this move compromised the independence of the Commissioners, rendering the RTI Act a "sick law."
The responsibility now falls on governments to strengthen the Information Commissions, ensure timely appointments of committed individuals, upgrade digital infrastructure, and proactively display public records. Only when information is delivered swiftly and clearly will the RTI Act become as powerful a democratic tool as the right to vote.
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