RTI Act 2025: From Transparency to the Right to Deny Information
Key Highlights:
The Right to Information (RTI) Act, once hailed as a landmark legislation for transparency, is now increasingly seen as a tool for denying information rather than providing it.
Originally, RTI was meant to empower citizens by granting access to government data and reducing corruption, but bureaucratic resistance and judicial interventions have weakened its effectiveness.
The gradual dilution of RTI has led to longer case pendency, reluctance of information commissioners to impose penalties, and selective interpretations of exemptions under Section 8.
The Erosion of RTI’s Power
The Information Commissions, meant to be the final appellate authorities, are now dominated by retired bureaucrats who often prioritize protecting official secrecy over transparency.
Government delays in appointing information commissioners have created massive case backlogs, effectively turning the RTI process into a delayed and ineffective mechanism.
While courts initially upheld transparency, the 2011 Supreme Court judgment (CBSE vs Aditya Bandopadhyay) marked a shift by stating that RTI should not be misused or lead to administrative inefficiencies.
The ‘Personal Information’ Debate
The 2012 Supreme Court ruling in Girish Ramchandra Deshpande vs Central Information Commissioner significantly curtailed access to information by broadly classifying many government records as ‘personal information’.
This interpretation has since been used as a precedent in multiple cases, effectively creating a new legal barrier against information disclosure.
Parliament had clearly stated that any information that cannot be denied to the legislature should not be denied to citizens, but this has been systematically ignored in subsequent rulings.
The Future of RTI and the Role of Citizens
The recent Digital Personal Data Protection Act further weakens RTI by amending key provisions, leading to more government opacity.
To restore RTI’s original purpose, citizens and media must actively engage in defending the law and demanding greater accountability.
If these trends continue, RTI risks being reduced to an RDI—Right to Deny Information, jeopardizing citizens’ fundamental right under Article 19(1)(a) of the Indian Constitution.
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By Team Atharva Examwise
