Critique of the RTI Act 2005

Constitutional:
Information is necessary to form opinions, express dissent or support on any matter. The right to know is derived from the concept of freedom of speech and expression. RTI is not included in part III of the constitution (Art.12 -35) and hence is not a fundamental right.

Awareness:
Under section 26 (1) (a), (b), (c), the state government and its public authorities were required to organize educational program for the public to promote understanding but nothing significant had been done. The people in general are still unaware about the act. Even those who apply seek policy related information in very few numbers of cases.
Probably the greatest paradox about the act is that despite, India being world’s largest democracy; it took us more than 55 years to pass this act and that too with a penalty clause.

Misuse:
A large number of application information seekers are government employees. They seek information regarding each other to settle personal scores. Many others have used it to get information about issues in which they are themselves being invested. Overall, it has been used mostly by journalists, civil right activists and NGOs than the actual common man.

Proactive disclosures:
Proactive disclosures under section 4(1) (b) are very important for obtaining information even without asking for it. The public authorities are duty bound to widely disseminate the information through various means of communication. But this has not been happening as intended.

PIO’s and Appellate Authorities:
PIO’s are mostly untrained to handle an RTI request. PIO’s are often represented by junior officials and incompetent clerks. Also, at least the first appellate authority remains dysfunctional.

Delays:
Due to the above inherent incompetency, there have been inordinate delays in cases. Frequent and long adjournments of 30-45 days are normal.

Enabling the defaulters:
It is mandatory for the commission to levy penalty u/s 20, if information is not provided in 30 days @ Rs.250 per day subject to a maximum of Rs.25000. but the commission arbitrarily refuses to impose penalty. As a result, the fear of RTI in the minds of government officials is losing its grip. Of late, the commission has been almost obliging decisions in favor of senior government officials.

Finally to improve governance citizens can vote only once in five years but they can use RTI on a daily basis. This powerful piece of legislation can’t and shouldn’t be let to be used to settle frivolous, partisan and vengeful ends.