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Contestations of the RTI Act
The Right to Information Act, 2005 holds out the promise that it has the power to cleanse governmental systems in India. The act has made people aware of their rights and, by and large, has been used effectively. However, some provisions of the act leave its users perplexed. This article analyses these provisions and rules that leave interpretation and implementation open to considerable subjectivity. It argues that the practical regime of the RTI Act thusremains labyrinthine.
The views expressed are personal.
The Right to Information Act, 2005 (hereafter, RTI Act) was enacted because of widespread support for ensuring transparency in governance in India. The definitions given in the act, the clauses regarding exemptions from disclosure, and other provisions, theoretically ensure that workable solutions are reached. But any interpretation of the act that leads to incongruity defeats its very purpose, and thus such interpretations are best avoided. However, on many occasions, the act’s provisions have been interpreted in such a manner that its implementation has been almost impossible. The provenance of such interpretations may be attached to diverse understandings of the RTI Act. They have also been commented upon by the higher courts in the past. This article analyses such provisions and rules that leave interpretation and the act’s implementation open to considerable subjectivity, and cause confusion among its users.
Poorly Defined Terms
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