India’s Right to Information Act: Transparency, Governance, and Accountability

Posted on Nov 12, 2025 in Law

The phrase “OSA to RTI revolution” refers to the significant shift from the Official Secrets Act (OSA) to the Right to Information (RTI) Act in India, marking a transition from governmental secrecy to public transparency.

The Shift to Transparency: OSA to RTI Revolution

The Official Secrets Act (OSA) of 1923

The OSA, enacted in 1923, was a colonial-era law that restricted access to information, emphasizing secrecy and confidentiality.

  • Restrictive: It severely limited public access to government information.
  • Lack of Transparency: The OSA was criticized for promoting a culture of secrecy and limiting transparency in governance.

The Right to Information (RTI) Act of 2005

The RTI Act, enacted in 2005, empowers citizens to access information held by public authorities, promoting transparency and accountability.

  • Empowering Citizens: It grants citizens the fundamental right to seek information.
  • Promoting Good Governance: The RTI Act has been instrumental in reducing corruption and increasing citizen participation in governance.

Impact of the RTI Act on Governance

  • Increased Transparency: The RTI Act has led to greater openness, enabling citizens to access information about government decisions and actions.
  • Accountability: It promotes accountability, enabling citizens to hold public authorities responsible for their actions.
  • Empowerment: The RTI Act has empowered citizens, particularly marginalized communities, to access information and exercise their rights.

The shift from the OSA to the RTI Act marks a significant milestone in India’s journey towards transparency, accountability, and good governance.

Champions of Accountability: The Role of MKSS

The Mazdoor Kisan Shakti Sangathan (MKSS) plays a significant role in promoting transparency and accountability in governance.

Key Contributions of MKSS

  • Advocacy for RTI Act: MKSS was instrumental in advocating for the RTI Act. Their efforts led directly to the enactment of the RTI Act in 2005.
  • Social Audits: MKSS pioneered the concept of social audits, where citizens review government records and verify them against actual work done on the ground. This process helps expose corruption and ensures public funds are used effectively.
  • Public Hearings (Jansunwais): MKSS organizes public hearings where government officials are invited to present and explain public documents. This platform allows citizens to voice their grievances and demand accountability.
  • Empowering Citizens: Through advocacy and mobilization efforts, MKSS empowers citizens by providing tools and knowledge to access information, creating an informed and active citizenry.
  • Promoting Good Governance: MKSS’s efforts have led to improved governance and reduced corruption, inspiring similar movements globally.
  • Setting Standards for Transparency: MKSS has set high standards for transparency and accountability within the NGO sector itself.
  • Altering the Dynamic: MKSS has played a crucial role in altering the dynamic between government and citizens, ensuring that public officials are accountable to the people they serve.

Overall, MKSS’s work has had a profound impact on Indian society, promoting transparency, accountability, and good governance. Their innovative approaches, such as social audits and public hearings, have become best practices in promoting citizen engagement and government accountability.

Understanding the RTI Act: Features and Filing

The Right to Information (RTI) Act in India is a fundamental right that empowers citizens to seek information from public authorities, promoting transparency and accountability in governance.

Key Features of RTI

  • Right to Access Information: Citizens can request information from public authorities, which are required to respond within 30 days.
  • Transparency and Accountability: The RTI Act promotes transparency and accountability by providing citizens with access to information about government decisions, actions, and spending.
  • Empowering Citizens: It empowers citizens to participate in the democratic process by providing them with the tools to demand transparency and accountability.
  • Promoting Good Governance: The RTI Act helps to reduce corruption and ensure efficient use of public resources.

How to File an RTI Application

  1. Identify the Public Authority: Determine which public authority holds the information you seek.
  2. Draft the RTI Application: Write a clear and concise application with the required details, including your name, address, and the information sought.
  3. Submit the Application: Submit the application to the Public Information Officer (PIO) of the relevant public authority, either in person, via post, or online.
  4. Pay the Fee: Pay the required fee, which is usually Rs. 10.

Important Provisions, Benefits, and Challenges

Important Provisions:

  • Section 8: Exempts certain information from disclosure, including information that could prejudicially affect national security, sovereignty, or economic interests.
  • Section 19: Allows citizens to appeal decisions made by public authorities, first to the First Appellate Authority and then to the Central or State Information Commission.

Benefits:

  • Promotes Transparency: Provides citizens with access to information about government decisions and actions.
  • Reduces Corruption: Empowers citizens to demand accountability from public authorities.
  • Empowers Citizens: Enables participation in the democratic process and holding public authorities accountable.

Challenges:

  • Delays and Appeals: Citizens often face delays and have to appeal decisions made by public authorities.
  • Misuse of Exemptions: Public authorities may misuse exemptions to withhold information.
  • Lack of Awareness: Many citizens are not aware of their rights under the RTI Act.

Overall, the RTI Act has been a powerful tool for promoting transparency and accountability in governance, empowering citizens to demand information and hold public authorities accountable.

Key Functionaries and Procedural Sections

Proactive Disclosure of Information (Section 4)

Section 4 mandates proactive disclosure to minimize the need for citizens to file requests.

  • Proactive Disclosure: Public authorities must proactively disclose certain information.
  • Information to be Disclosed: Details about the authority’s functions, structure, budget, policies, and other relevant information.
  • Maintenance of Records: Public authorities must maintain records and update them regularly.
  • Dissemination: Information must be made available to the public through various means, including websites.

Designation of PIOs and APIOs (Section 5)

Public authorities must designate officials to handle RTI requests.

  • Designation of PIOs: Public authorities must designate Public Information Officers (PIOs) to provide information.
  • Designation of APIOs: Public authorities may designate Assistant Public Information Officers (APIOs) to assist PIOs.
  • Responsibilities: PIOs provide information, while APIOs assist in receiving applications and forwarding them to PIOs.

Roles and Responsibilities of PIOs and APIOs

PIOs and APIOs are designated by public authorities to handle RTI requests. PIOs are responsible for providing information, while APIOs assist in receiving and forwarding requests.

Public Information Officers (PIOs)
  • Accept requests for information and provide assistance to applicants.
  • Process requests within 30 days and communicate the decision to the applicant.
  • Provide information, reject requests with valid reasons, or transfer requests to other authorities.
  • Ensure compliance with the Right to Information Act 2005.
  • Maintain records and provide periodic reports.
Assistant Public Information Officers (APIOs)
  • Receive applications for information and forward them to PIOs or appellate authorities.
  • Assist applicants in filing requests and provide guidance on the RTI process.
  • Act as a liaison between applicants and PIOs.

Examples of PIOs and APIOs:

  • In the Department of Space and ISRO, PIOs and APIOs are designated for each center and unit.
  • In the Uttarakhand Tea Development Board, Anil Kumar Kholia serves as the PIO, while Naveen Chandra Pandey and others serve as APIOs in different tea gardens.
  • In the Pandit Deendayal Upadhayaya National Institute for Persons with Physical Disabilities, Sh. Rakesh Kumar is the PIO.

Request for Obtaining Information (Section 6)

This section outlines the procedure for filing an RTI application.

  • Procedure for Filing RTI Application: A citizen can file an RTI application with the Public Information Officer (PIO) specifying the information sought.
  • Format: The application can be submitted in writing or electronically.
  • Fee: A fee may be charged for providing information.

Disposal of Request (Section 7)

This section defines the PIO’s obligations regarding the timeline for response.

  • Time Limit: The PIO must respond within 30 days of receiving the application.
  • Information Provision: If the information is available, the PIO must provide it to the applicant.
  • Rejection: If the information is not available or exempt, the PIO must reject the application with reasons.

Exemptions and Rejections (Sections 8 & 9)

These sections define the legal grounds under which information can be withheld.

Section 8: Exemption from Disclosure of Information

  • Grounds for Exemption: Certain information may be exempt from disclosure, including information that could:
    • Prejudice national security or sovereignty.
    • Affect relations with foreign governments.
    • Breach privilege or fiduciary duty.
    • Impede investigation or prosecution.
  • Public Interest: Even if information falls under exemption, it may still be disclosed if it serves the larger public interest.

Section 9: Grounds for Rejection to Access Information by Public Authority

  • Infringement of Copyright: Information may be rejected if its disclosure would infringe on copyright or other intellectual property rights.
  • Other Grounds: Information may also be rejected if it is already publicly available or if the request is frivolous or vexatious.

These sections outline the procedure for filing RTI applications, the obligations of PIOs, and the exemptions and grounds for rejection.

RTI and the Judicial System in India

The Right to Information (RTI) Act and the judiciary have a complex relationship in India. The Supreme Court has played a significant role in shaping the RTI Act, and its judgments have been instrumental in expanding the scope of transparency in governance.

Key Developments and Future Directions

Key Developments:

  • Judiciary under RTI: In a landmark judgment in 2019, the Supreme Court held that the Office of the Chief Justice of India (CJI) comes under the ambit of the RTI Act. This decision was a significant step towards promoting transparency and accountability within the judiciary.
  • Disclosure of Judges’ Assets: The Supreme Court has also ruled that judges’ asset declarations are subject to public disclosure under the RTI Act, but with certain exemptions. This move aims to promote transparency and prevent corruption within the judiciary.
  • Balancing Transparency and Judicial Independence: The Supreme Court has emphasized the need to balance transparency with judicial independence. The court has held that while transparency is essential, it should not compromise the independence of the judiciary.

Challenges and Future Directions:

  • Implementation Gaps: Despite the progress made, there are still significant implementation gaps in the RTI Act, particularly within the judiciary. Many High Courts have formulated rules that dilute the provisions of the RTI Act, making it difficult for citizens to access information.
  • Judicial Accountability: Ensuring judicial accountability while maintaining judicial independence remains a challenge. The judiciary needs to strike a balance between transparency and confidentiality to maintain public trust.
  • Technological Advancements: The increasing use of technology in governance presents both opportunities and challenges for the RTI Act. The judiciary will need to adapt to these changes and ensure that technology enhances transparency and accountability.