RTI Act at 20: Lapses in Transparency and Accountability Continue to Haunt India’s Information System

As the Right to Information (RTI) Act completes 20 years on October 12, 2025, its promise of transparency, accountability, and citizen empowerment appears to be under severe strain. A new report by Satark Nagrik Sangathan (SNS) has revealed that several Information Commissions (ICs) — the institutions responsible for ensuring citizens’ access to information — are either defunct or operating without leadership, resulting in massive delays and weakened implementation.

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The Current State of Information Commissions

According to the SNS report, two states — Jharkhand and Himachal Pradesh — have completely defunct Information Commissions, while three others, including the Central Information Commission (CIC), and the commissions in Andhra Pradesh and Chhattisgarh, are functioning without a Chief Information Commissioner.

The situation is alarming at the central level, where the CIC — which handles appeals related to the Union Government and Public Sector Undertakings (PSUs) — is without a head for the seventh time in the last 11 years. Of the 10 available commissioner posts, eight remain vacant, forcing citizens to wait months, if not years, for hearings.

Several other state commissions such as those in Chhattisgarh, Karnataka, Maharashtra, Madhya Pradesh, Tamil Nadu, and Bihar are functioning with just one or two commissioners, further aggravating pendency.

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The Backlog Crisis

The SNS report highlights an overwhelming accumulation of cases. Between July 1, 2024, and June 30, 2025, the 27 functioning information commissions received 2,41,751 new appeals and complaints, while already grappling with a backlog of 4,13,972 pending cases.

During the same period, these commissions managed to dispose of only 1,82,165 cases, which means pendency continues to rise.

The backlog is so severe that if no new cases were added, the Telangana State Information Commission (SIC) would take 29 years and 2 months to dispose of an appeal filed today. Similarly, Tripura would need 23 years, Chhattisgarh 11 years, and Madhya Pradesh 7 years to clear pending appeals.

These figures clearly demonstrate that the essence of the RTI Act — timely access to information — is being eroded by administrative apathy and political neglect.

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Failure to Publish Annual Reports

Under Section 25 of the RTI Act, every Information Commission is required to submit an annual report to the state legislature or Parliament detailing the implementation of the law. However, the SNS report found that 69% of commissions have failed to publish their annual reports for 2023–24, violating the statutory requirement and weakening public oversight.

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Activists’ Concerns and Supreme Court Intervention

RTI activist Anjali Bhardwaj, who has filed a petition before the Supreme Court over unfilled vacancies, stated that the “failure of central and state governments to make timely appointments” has become a major bottleneck in the effective functioning of the RTI system.

She noted:

“Large backlogs of appeals and complaints in many commissions have resulted in inordinate delays, rendering the law ineffective.”

A case regarding these appointments is currently pending before the Supreme Court, where activists are urging for the immediate filling of vacancies to restore the efficiency of the RTI framework.

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Understanding RTI: Purpose, Vision, and Empowerment

What is RTI?

The Right to Information Act, 2005 is one of India’s most powerful transparency laws, enacted to promote accountability and citizen participation in governance. It grants every citizen the right to seek information from any public authority — from government ministries to local bodies — which is required to respond within a specific timeframe (30 days).

Why Was It Introduced?

Before 2005, government functioning in India was shrouded in secrecy, with citizens often denied access to crucial records, decisions, and expenditures. The RTI Act was introduced to break this culture of secrecy and ensure transparency in public decision-making, in line with Article 19(1)(a) of the Constitution, which guarantees the right to freedom of speech and expression.

The RTI movement gained momentum after grassroots campaigns led by the Mazdoor Kisan Shakti Sangathan (MKSS) in Rajasthan, which demanded that government records related to wages and development works be made public.

How RTI Empowers the Common Man

The RTI Act empowers ordinary citizens by allowing them to:

• Hold government accountable: Citizens can question delays, corruption, and inefficiencies in governance.

• Access public data: People can seek information on government spending, welfare schemes, and policy implementation.

• Ensure transparency in public offices: RTI applications have exposed numerous scams, including the 2G Spectrum, Adarsh Housing, and Vyapam cases.

• Participate in democracy: It strengthens participatory democracy by giving citizens the right to know what their government is doing on their behalf.

The RTI Act effectively transformed the citizen–government relationship, from one of dependency to one of empowerment and oversight.

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The Road Ahead: Reclaiming RTI’s Purpose

Twenty years after its enactment, the RTI Act stands at a crossroads. While it remains a cornerstone of India’s democracy, the institutional decay of information commissions threatens to undermine its legacy.

Timely appointments, digitalisation of RTI processes, and annual accountability reports must be prioritised to revive the spirit of the Act. Transparency should not remain a constitutional promise — it must be a daily practice in governance.

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