The Congress party has launched a strong attack on the central government, asserting that the Right to Information (RTI) Act has been significantly weakened since 2014. This, they claim, has eroded transparency and the democratic fabric of India. The party alleges that the current BJP-led administration has imposed restrictions on public access to information through amendments to the RTI Act.
During a press conference at Congress Bhavan, State Congress President Keshav Mahto Kamlesh detailed the accusations. He highlighted that the historic RTI Act was enacted on October 12, 2005, under the UPA government led by Dr. Manmohan Singh and Sonia Gandhi. Its primary objective was to grant citizens easy access to information held by public authorities, thereby fostering a transparent and accountable governance system.
Kamlesh pointed to the 2019 amendments as a major blow to the autonomy of the RTI Act, increasing executive influence. Previously, Information Commissioners had a fixed five-year tenure with secure service conditions. However, the amendments empowered the central government to determine their service terms and tenure. Furthermore, the Digital Personal Data Protection Act of 2023 expanded the definition of personal information, restricting its disclosure in the public interest, which was previously permissible. This change could potentially obstruct the revelation of information concerning public duties or the utilization of public funds.
He cited examples of past revelations made possible by the original RTI provisions, such as financial irregularities in MPLADS funds, ghost beneficiaries in MGNREGA, and opaque political funding. The party also raised concerns about the Central Information Commission (CIC), where only two commissioners are currently functioning against 11 sanctioned posts. As of November 2024, approximately 23,000 cases are pending before the CIC. When information regarding the expenditure on the Prime Minister’s foreign tours, the actual number of COVID-related deaths due to oxygen shortages, and the use of the PM CARES Fund was sought through RTI, no satisfactory response was provided. Data requests related to electoral bonds were also initially denied, only becoming public after a Supreme Court order.
The Congress further criticized the delay in notifying the Whistleblowers Protection Act, passed by both houses of Parliament during the UPA era. This crucial law, intended to protect those who expose corruption, has reportedly not been implemented by the Modi government since 2014.
Marking 20 years of the RTI Act, the Congress has put forth several demands: the repeal of the 2019 amendments, a review and revision of Section 44(3) of the DPDP Act that undermines RTI’s objectives, immediate appointments to fill vacant positions in the CIC, public disclosure of the commission’s performance standards and disposal rates, implementation of the Whistleblowers Protection Act, and the inclusion of journalists, social activists, academics, and women representatives in the Information Commissions.
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