UPSC DAW Mains Answer Writing 2025 14th October

UPSC DAW Mains Answer Writing 2025 14th October

Question

“Two decades after its enactment, the Right to Information Act remains India’s most potent tool for participatory democracy — yet its spirit is under strain.” Discuss the achievements and challenges of the RTI Act over the past 20 years. (250 words, 15 Marks) 

Model Answer

Approach: Introduction:  

  • RTI Act heralded a new era of transparent, accountable governance. 

Body:  

  • Success of RTI. 

  • Challenges in the implementation of the RTI Act. 

  • Suggestions to enhance the implementation of the Act. 

Conclusion:  

  • Reforms and protection needed to restore RTI’s transformative democratic spirit. 

  • Introduction: 

  • “Information is the currency of democracy,”- Thomas Jefferson. The Right to Information (RTI) Act, enacted in 2005, is the cornerstone of participatory democracy. It promotes transparency, accountability and empowers citizens by allowing them to scrutinise government records. Two decades on, RTI remains potent, yet its spirit is under strain.  

  • Body: SUCCESS/ACHIVEMENTS OF RTI: 

  • Foster participatory and citizen centric governance: Total number of RTI pleas with various central government offices rose by about 85%, between 2012-13 and 2018-19 (CHRI). 

  • Declining rejection rate: According to CIC Annual Report 2020-21, the rejection rate of RTI applications fell to 4% (from 8.4% in 2014-15), the lowest rejection rate since inception of the Commission. 

  • Encourages openness & transparency: Right to Information doctrine has compelled the government and constitutional bodies to introduce various initiatives to foster openness and transparency. 

  • For eg: Executive initiatives like e-Auction for transparency in coal sector, Indian Railways addressing public grievances via Twitter etc. 

  • Ensuring Checks and balances: RTI has also enabled activists to expose corrupt activities, right from grass root level to the biggest of scams.  

  • For eg: Villagers in Madhubani district, Bihar used RTI to expose a solar light scam. 

  • Empowering citizens and facilitating accountability: For eg. ‘Shiksha ka sawaal’ campaign in Rajasthan against the lack of teachers in government schools. 

CHALLENGES IN THE IMPLEMENTATION OF THE RTI ACT: 

  1. Demand side Challenges (Information seeking citizen): 

  • Low Public Awareness: Non-availability of RTI User Guides for information seekers and difficulty in filing RTI. 

  • Low awareness level in rural areas & among disadvantaged communities (women, SC/ST/OBC etc.). 

  • Poor Quality of Information: due to lack of proper record management practices, adequate infrastructure, & non transparent in its processes. 

  • Large areas of exemptions: Political parties, corporates, armed forces etc. 

  • Violence against RTI activist – According to CHRI, Around 28 RTI activists were threatened, assaulted, or killed every year, on average, since the RTI Act was implemented in 2005. 

  • Hugh rejections: Discouraging filing of RTI: 1 in every 7 RTI applications filed with Home Ministry and 1 in every 10 filed with Finance Ministry rejected ➔ Section 8(1) invoked to deny information. 

  1. Supply side Challenges (Information supplying Public Information Officers [PIOs]): 

  • Human resource challenge: Inadequately trained PIOs and First Appellate Authorities hurt the filing process of  RTI ➔ only 55% of PIOs have received RTI training. 

  • Laxed implementation: Reluctance of Information Commissioners in imposing penalty on erring PIOs who refuse information. For eg. in 2022-23, Penalties were imposed on only 5% of cases. 

  • Other challenges: Frequent transfers, additional workload, non availability of basic infrastructure, etc. 

  1. Adjudicatory Challenges: 

  • Huge Vacancies & delayed appointments: The CIC had been functioning without a head for significant periods in 4 of the last 7 years. Several posts of ICs also remain vacant. 

  • Rising Case pendency: Over 3 lakh appeals were pending in 2022-23 due to the insufficient number of ICs, ineffective record management systems, and procedures to collect information from field offices. 

  • Lack of Transparency: >65% Information Commissions did not publish their annual report for 2020-21. 

  • Dilution of the law: Recent RTI amendment Act 2019 poses a challenge in ensuring the independence and autonomy of CIC and ICs due centre government deciding the tenure and service conditions. 

  1. RTI AMENDMENT ACT, 2019: CHALLENGES 

  • Undermining the Independence of Information Commissioners: The amendments allow the central government to determine the tenure, salaries, and terms of service➔This could compromise the autonomy. 

  • Contradiction with Federal Principles: By giving the central government control over the tenure and terms of State Information Commissioners➔undermines the federal structure of governance and the autonomy of state governments. 

  • Concentration of power: Within the executive could diminish the checks and balances essential for a robust democracy. 

  • Public Perception and Trust: Reduced confidence in the RTI framework could weaken the overall accountability mechanisms in the country. 

SUGGESTIONS TO ENHANCE THE IMPLEMENTATION OF THE ACT 

  • Strengthening the institution: Amending act to give CIC as a constitutional status. 

  • Expeditious appointments: streamline the process of appointment of CICs and ICs to curb any delays. 

  • Official secret act should be reformed in order to harmonise with RTI Act. 

  • Enabling environment & capacity building: Creation of a Knowledge Resource Centre; Capacity Building for Training to improve Record Management; Making Record Keeping “RTI Friendly”. 

  • Improving convenience in filing requests: Establishing alternative Channels for submission of RTI requests through Citizen Service Centres (CSCs). 

  • For eg. Bihar has set up 'Jaankari', a govt-initiated call centre to accept RTI applications over phone. 

  • Monitoring & Evaluation: Need to ensure good standards of records management and 3rd party audit. 

  • For eg. The award-winning online RTI-Central Monitoring Mechanism of the Odisha government is a one- point access for all information under the RTI Act, at the click of a mouse. 

  • Grassroots outreach through use of massive awareness campaign in local languages, Nukad Nataks, and   community radio. RTI awareness should be included in school/college curriculum. 

  • Proactive disclosure: 70% of RTIs could be avoided if Ministries & departments proactively disclose information. 

  • Protection of RTI activist: The RTI Act and the Whistle Blowers Protection Act must be interlinked in an   innovative manner for this purpose. Witness protection law and schemes must be operationalised. 

Conclusion: Going ahead there is a need to enhance RTI implementation through a simplified application process via digitalization, streamline mechanisms for grievance redressal, establish rigorous oversight mechanisms and provide adequate resources to ensure effective implementation.