Limits on Disclosure of Information under RTI
Context:
The Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India (SHANTI) Bill, 2025, has faced criticism for explicitly overriding the Right to Information (RTI) Act, 2005.
The controversy centers on Section 39, which creates new secrecy categories that bypass the transparency mandates of the RTI Act
Section 39 of the SHANTI Bill:
This section empowers the Centre to declare specific information as restricted.
This includes data on the location, quality, and quantity of prescribed substances, as well as the design and operation of nuclear power plants.
Restrictions also extend to regulatory interactions (covering submissions to the Board declared as sensitive or confidential for business purposes)
Section 39(4) contains a non-obstante clause (“Notwithstanding anything contained in the RTI Act…”), which removes this information entirely from the scope of the RTI Act
Comparison with Section 8 of the RTI Act:
Under Section 8(1)(a) of the RTI Act, information affecting sovereignty, security, or strategic interests is already exempted.
However, these exemptions are conditional
Under the RTI framework (Section 8), a denial must be justified, can be challenged through statutory appeals, and is subject to a public interest override
Section 39 removes this framework.
Once information is notified as restricted, there is no balancing exercise, no opportunity for appeal, and no public interest argument possible
Implications:
Critics argue that by excluding the RTI Act, Section 39 could deter whistleblowing and independent scrutiny, which is critical for safety in the nuclear sector.