RTI system crumbles: 7 info commissions defunct, over 4 lakh appeals pending
Despite the Supreme Court of India regularly asking the Central government to appoint information commissions in India—the first appellate bodies under the RTI Act—7 out of 29 information commissions were defunct for varying periods of time and two commissions continue to be defunct at present.
Speaking on the release of the Satark Nagrik Sangathan’s 'Report Card', former Supreme Court Judge Justice Madan Lokur said that governments were systematically undermining the RTI Act.
Citing the vacancies in information commissions, Justice Lokur explained that governments had found a way to undermine the RTI Act by not making appointments, which resulted in increasing backlog and long delays in the disposal of appeals and complaints.
Justice Lokur spoke of how the government amended the RTI Act in 2019 to weaken the autonomy of commissions, and how it has again been dealt a severe blow through the amendments made in the Data Protection Act. He said that by exempting all personal information from disclosure under the RTI Act, the Data Protection Act could provide a shield for corruption.
The report reveals a grim reality: four state commissions—Jharkhand, Tripura, Telangana, and Goa—are completely defunct, with no commissioners appointed.
As of June 30, 2024, over 4.05 lakh appeals and complaints are pending across 29 commissions. Maharashtra leads with 1.08 lakh cases.
Six commissions, including Maharashtra and Odisha, lack a Chief Information Commissioner, critical for managing operations. Eight CIC posts are vacant, despite a backlog of 23,000 cases.
The report also found that 41% of appeals are returned without an order, often for minor errors, forcing citizens to restart the process. And penalties? Only imposed in 5% of cases, letting violators off the hook.
The report also highlights that 57% retired government officials and only 9% women are working as information commissioners and none of these bodies are headed by a woman.
The report highlights that most commissions don’t even publish annual reports, flouting the RTI Act’s mandate.
Anjali Bhardwaj of SNS said that it was people who had struggled for the enactment of the RTI law and have used it extensively. She said that people ought to come together again and raise their voice to protect the RTI Act, highlighting the numerous ways in which the RTI Act was being undermined—from the non-appointment of information commissioners to the amendments being made to weaken the provisions of the RTI Act.
India