A significant concern has been raised by the Congress party regarding the perceived weakening of India’s Right to Information (RTI) Act since 2014. According to the party, this erosion has compromised the nation’s transparency and its fundamental democratic framework. The Congress asserts that the current central government has actively curtailed the public’s access to vital information through recent amendments.
At a press briefing, State Congress President Keshav Mahto Kamlesh articulated the party’s stance, crediting the UPA government, under the leadership of Dr. Manmohan Singh and Sonia Gandhi, for enacting the landmark RTI Act on October 12, 2005. The legislation was designed to empower ordinary citizens by granting them access to information held by public bodies, thereby promoting good governance and accountability.
The 2019 amendments, according to Congress, have diluted the independence of the RTI framework and amplified the power of the executive. Kamlesh explained that the tenure and service conditions of Information Commissioners, which were previously fixed for five years, are now determined by the central government. Moreover, the Digital Personal Data Protection Act of 2023 has broadened the scope of personal information, making its disclosure in the public interest more difficult. This change, the party fears, can be exploited to withhold information related to public responsibilities and the use of taxpayer money.
Kamlesh recalled how the original RTI law facilitated the uncovering of various irregularities, including misuse of MPLADS funds, ghost beneficiaries in the MGNREGA scheme, and lack of clarity in political donations. He also highlighted critical issues within the Central Information Commission (CIC), where a severe staff shortage exists with only two commissioners operational against a sanctioned strength of 11. By November 2024, the CIC faces a backlog of nearly 23,000 cases. Instances cited where information was denied include details on the significant expenses incurred during the Prime Minister’s foreign visits, the true death toll from oxygen shortages during the COVID-19 pandemic, and the utilization of the PM CARES Fund. Even the data concerning electoral bonds, sought via RTI, was initially refused, necessitating a Supreme Court directive for its release.
The Congress also drew attention to the unnotified status of the Whistleblowers Protection Act, a law passed by the UPA government. Despite its passage, the current administration has not implemented it since 2014, leaving whistleblowers vulnerable.
To commemorate two decades of the RTI Act, the Congress is demanding the nullification of the 2019 amendments, a review of Section 44(3) of the DPDP Act that hinders RTI’s purpose, prompt filling of all vacant posts in the CIC, transparency regarding the commission’s performance metrics, the operationalization of the Whistleblowers Protection Act, and greater representation from diverse groups, including media, civil society, academia, and women, within the information commissions.