National Assessments on Implementation of the RTI Act: Key Findings
The report highlights key issues in the implementation of the Right to Information (RTI) Act in India, including growing delays in Information Commissions, poor proactive disclosures, and lack of accountability. It reveals the estimated time for a new appeal/complaint to be heard by the Information Commissions, availability of annual reports on IC websites, status of proactive disclosures under Section 4, and suggestions for fixing accountability in Section 4 implementation.
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National assessments on implementation of the RTI Act Key Findings Amrita Johri amritajohri@gmail.com
Key issues Growing delays in Information Commissions Section 4 disclosures of Information Commissions Poor implementation of proactive disclosures & lack of accountability
Estimated time for a new appeal/complaint to be heard by the IC IC Time before new appeal is heard (as of Jan 1, 2014) Time before new appeal is heard (as of Jan 1, 2016) ASS WB KER ODI RAJ CHH CIC KAR UP MAH 2 years & 8 months 17 years & 10 months 2 years & 3 months 9 months 3 years & 4 months 1 year & 3 months 1 year & 1 month 1 year & 2 months 1 year & 4 months 1 year & 1 month 30 years 11 years & 3 months 7 years & 4 months 2 years & 9 months 2 years & 3 months 2 years 1 year & 10 months 1 years & 8 months 1 year & 2 months 8 months 1 2 3 4 5 6 7 8 9 10
Availability of Annual Report on IC websites Latest year for which report available Latest year for which report available IC IC as of Sep 16 as of Sep 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NA implies not available AP ARU ASS BIH CHH CIC GOA GUJ HAR HP JHA KAR KER MP 2013 2007 2015 2012 2014 2015 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MAH MAN MEG MIZ NAG ODI PUN RAJ SIK TN TRI UP UTT WB 2014 NA 2014 2015 2015 2013 2011 2015 2014 2011 NA NA 2014 2014 Website inaccessible 2015 2012 2014 Website inaccessible 2015 2011 NA
Status of Proactive Disclosures (Section 4) Status of Proactive Disclosures (Section 4) 70% RTI applications sought information that should have been provided without people having to file an application under the RTI Act (source: RaaG, 2014. Results based on 70 PAs from across the country and analysis of random sample of RTI applications)
Fixing accountability for S. 4 implementation Fixing accountability for S. 4 implementation 1. Every order to record whether information sought should have been disclosed under section 4 2. Periodic audits of section 4 disclosures by public authorities 3. Findings of 1 & 2 above to be shared with head of the public authority 4. Making Head of Department responsible for complying with Section 4 5. Performance on Section 4 compliance to be recorded in APAR (DOPT report) 6. Penalising using doctrine of implied powers 7. Compensation for section 4 violations
