The Right to Information (RTI) Act, 2005, is a land mark historical legislation. It is the most powerful revolutionary legislation since independence. The Supreme Court said the RTI is an integral part of the fundamental right to freedom. It is an effective instrument that empowers ordinary citizens to secure justice without litigation. The RTI is a weapon against graft and corruption in public offices. It seeks to ensure openness, transparency and accountability in the functioning of public authorities.
Some 60 lakh RTI applications are filed every year across India – a tiny fraction compared to its massive population of 1.3 billion. The PMO received more than 12,500 RTI applications and nearly 1,600 appeals during the year 2016-17. Of these, about 1,100 appeals were rejected. The PMO refused to share total number of RTI applications and appeals pending disposal. And the Finance Ministry had rejected the highest number of RTI applications during 2016-17, the year in which it implemented the demonetisation of currency notes of 1,000 and 500 rupees.
The data released by the Central Information Commission shows among all the union ministries and central government departments, the Finance Ministry rejected 18.41% of 1,51,186 applications it received during the year. All queries regarding the demonetisation were rejected by both the PMO and the Finance Ministry.
The RTI empowers the people. In most cases, a mere filing of an application results in redressal of grievance. And if more people file the RTI applications, more are the chances of ensuring transparency and accountability in the apparatus of public administration, checking misuse and abuse of power and authority and corrupt practices. However, the people are reluctant to exercise the RTI due to ignorance and fear – the fear of being intimidated and victimised by the public authorities to whom the RTI applications and appeals are made.
They abdicate their responsibility. Because of this timid mentality on the part of the public, the RTI Act has not been able to realise its objective of exposing and containing corruption among public servants. Many scandals and corruption cases are exposed by the public spirited citizens by filing the RTI applications. It was the RTI application which revealed that in the first five days after PM Modi announced the demonetisation on November 8, 2016, the Ahmedbad District Co-operative Bank had received the banned notes to the tune of Rs 745.59 cores – the largest amount collected by any cooperative bank. On the other hand, the inconvenient information relating to high functionaries is never parted. Delhi University was under pressure not to reveal the information regarding the qualifications of Smrit Irani and PM Modi.
The RBI has been dodging the RTI. It refused to divulge any information regarding the not ban, in violation Section 7(1) of the RTI Act. The RBI has denied the information seeking disclosure of names of willful defaulters of bank loans of Rs.50 core and above. The Supreme Court bench consisting of MY Iqbal and C Nagppan had passed a land mark judgment on December 16, 2015 upholding the Central Information Commission’s (CIC) order to disclose the inspection reports of the RBI and the names of willful defaulters.
The Central Information Commissioner Sridhar Acharyulu has now served a show cause notice to the RBI governor Urjit Patel asking him to explain why maximum penalty cannot be imposed on him for refusing to provide the information. As per Section 22(1) of the RTI Act, the maximum penalty of Rs 25,000 can be imposed for denying the information. Besides, as per the Section 20(2), the CIC can recommend “disciplinary action.”
The CIC has also asked the PMO, the Finance Ministry and the RBI to make public the letter of the former RBI governor Raguram Rajan written to the PM on bad loans. The CIC has made an important observation: ”there is no match between what RBI governor and deputy governor say and their website regarding their RTI policy and a great secrecy of vigilance reports and inspection reports is being maintained with impunity.” And further, “the commission finds no merit in hiding the names of, details and action against willful defaulters of big bad loans worth hundreds of crores of rupees.”
When a small marginal farmer is humiliated and hauled up for defaulting on a petty loan, why are the big fraudsters shielded? The RTI Act does not exempt any public authority from sharing the information, except those intelligence and security organisations specified in the Second Schedule dealing with national security, as per Section 24 of the Act. Even with regard to the national security matter “the information pertaining to the allegations of corruption and human rights violations shall not be excluded.” There is no such thing as secrecy in the working of an elected government that is accountable to people.
Of late the RTI Act is sought to be diluted by the Union government. It should become toothless legislation. The status of the Information Commissioners is being undermined. There are many vacancies of CICs and State Information Commissioners that remain unfilled. The Anti-corruption machinery is weakened.
The watchdog against corruption the institution of Local is not established, in spite of the Lokpal and Lokayukaka Act passed in 2013, rendering the anti-corruption movement of Anna Hazare redundant. The Whistle Blowers Protection Act, 2014, is also being diluted through amendment. We are back to the square one. No action against corrupt bureaucrats and government functionaries. And misuse and abuse of power and authority continue unabated.
G Ramachandram is a professor of Political Science and a retired Principal. He has published his magnum opus The Trial by Fire: Memoirs of a College Principal. He is an RTI activist.
