Sunday, February 01, 2026

RTI ‘re-examination’ proposed in Economic Survey draws flak from opposition, activists

Times of India: Pune: Sunday, February 1, 2026.
The Economic Survey 2025–26's call for a "re-examination" of the Right to Information (RTI) Act—including the possibility of a ministerial veto and exemptions for internal deliberations, drafts, and confidential reports—has drawn sharp criticism from transparency activists and opposition leaders. Critics argue there is no evidence to suggest that the existing law hampers governance.
"The RTI Act, 2005, is not just another law; it is a democratic safeguard that enables citizens to scrutinise power," Pune-based RTI activist Vijay Kumbhar told TOI. He called the proposal a "direct assault on the core of the RTI Act".
Kumbhar said file notings and internal debates form a crucial chain of accountability, and shielding them would only promote opacity and corruption.
The Economic Survey argued that the RTI was "never intended as a tool for idle curiosity, nor as a mechanism to micro-manage the govt from the outside".
It warned that excessive transparency discourages candour among officials, pushing them towards cautious language and fewer bold ideas, thereby weakening effective governance. To support its case, the Survey cited transparency practices in Sweden, the US, and the UK, while maintaining that the proposal was "not an argument for secrecy by default".
Kumbhar recalled that a similar attempt was made in 2006, less than a year after the RTI Act came into force, when the Centre sought to exclude file notings, citing pressure on decision-making. "That proposal was rejected after widespread opposition from citizens, journalists, RTI activists, and civil society. Following Anna Hazare's hunger strike, the govt was forced to withdraw it. What was rejected then is now being brought back in a more subtle but more dangerous form," he said. He also dismissed international comparisons.
Jayaram Venkatesan, convenor of Aappor Iyakkam, an anti-corruption movement based in Tamil Nadu, said transparency must be seen as a facilitator rather than an obstacle. "Transparency should be viewed as a catalyst for informed decision-making. In a functioning democracy, citizens must have the right to know about the govt's deliberative processes, as this allows them to assess whether policies truly serve the public interest," he told TOI.
"To label such transparency a ‘hindrance' to economic growth is misguided and akin to claiming that the Constitution itself is a barrier to economic progress. On the contrary, transparency fosters sustainable, pro-people growth by eliminating corruption and neutralising vested interests," he added.
New Delhi–based RTI activist and transparency campaigner Anjali Bharadwaj said there was no justification for amending the law. "It is ironic that the Economic Survey acknowledges the RTI as one of the most empowering laws, yet lists alleged problems without providing any evidence to justify its re-examination. Govts have tried this before, but in the absence of evidence, such amendments were rejected," she said.
Bharadwaj stated that the law contains robust exemptions under Sections 8 and 9, which are frequently invoked by public authorities to deny information. "Multiple studies show that the Act functions effectively. The RTI Act is considered one of the most progressive information-access laws globally, and what is needed is a stronger proactive disclosure regime," she said.
Former Chief Information Commissioner Shailesh Gandhi said there was no evidence that RTI constrained governance. "The Act, coupled with the amendment to Section 8(1)(j), which was inserted through the Digital Personal Data Protection Act, will become very weak. Citizens are the best vigilance monitors through RTI. This signals that citizens are no longer seen as the rulers of the nation," he said.
Congress president Mallikarjun Kharge criticised the proposal in a post on X, alleging that the Modi govt has systematically weakened the RTI through amendments affecting information commissioners, the Digital Personal Data Protection Act, and prolonged vacancies in the Central Information Commission. "After killing MGNREGA, is it RTI's turn?" he asked.

RTI: The Economic Survey Must Know that Citizens Are Not Adversaries of the State - By Venkatesh Nayak

The Wire: New Delhi: Sunday, February 1, 2026.
The Economic Survey seeks to initiate debate on even more regressive measures that would further curtail the contours of the transparency regime.
The latest Economic Survey revives a 20-year-old idea of amending the RTI Act to keep file notings, records of internal deliberations, and draft papers out of the citizenry’s reach. The United Progressive Alliance government had crafted an amendment proposal along similar lines in 2006 but could not muster enough support to table it in Parliament. The National Democratic Alliance, particularly the Bharatiya Janata Party, was most vocal in opposing the move, along with civil society.
It is strange that the idea has been revived now without producing a shred of evidence as to how many times draft papers and internal deliberations have been disclosed, and what detriment such openness has caused to the government’s interests.
The idea of a ministerial veto over disclosure is also not a new one. Several Commonwealth countries like the UK, Australia, New Zealand, and even Scotland have such provisions in their freedom of information laws, but these have been used rarely and, even when used, are subject to strict judicial review.
The most famous case of judicial correction of the abuse of veto power is the eventual disclosure of the correspondence between the then Prince of Wales, now King Charles III, and government departments. The Supreme Court of England and Wales overruled the veto, holding that ministers cannot overrule an appellate tribunal’s decision simply because they do not agree with it.
The Economic Survey is silent on when the ministerial veto will be applied before the Information Commission decides an appeal or after a disclosure order is issued by the Commission.
This idea of a ministerial veto runs counter to the very grain of the people’s right to know, as explained by Justice P. N. Bhagwati in the S. P. Gupta vs President of India Constitution Bench case in 1983 (also known as the ‘First Judges’ Case).
Justice Bhagwati said that protecting Cabinet records and other official papers containing internal deliberations within government, on the ground that it would promote candour and frankness among bureaucrats who fear public disclosure of their views, is no longer sustainable in the twentieth century.
Disclosure cannot be withheld on the ground that it may embarrass the government or the head of the department, as that is not a public interest argument.
Crown privilege, which protected such interests until the 20th century, has been replaced by the much stronger test of public interest immunity.
Whether the disclosure of records will harm a legitimate public interest or not is the current test.
This is exactly how the RTI Act especially Section 8(1) and the public interest override in Section 8(2) has been crafted.
Whether disclosure will harm any of the protected interests listed in the 10 exemption clauses is the test.
Even if they do, the Information Commission can direct disclosure of exempt information in the larger public interest.
The Survey does not account for these developments; instead, it seeks public debate on ideas and practices that have long been discarded or are rarely used today.
The government, almost always being an interested party in information access disputes, cannot independently decide what is or is not in the public interest in the way the judiciary or an autonomous Information Commission can.
To float such ideas and then end that chapter – and the entire Economic Survey – with a reference to the late Mark Tully’s Ninth Palkhivala Memorial Lecture, titled ‘India…must move from a Ruler’s Raj to a Citizen’s Raj,’ is a stark irony.
This is merely the latest in a list of contradictory ideas that pepper the Economic Survey, which calls for transforming the welfare state into an entrepreneurial state where citizens are reduced to consumers of public services rather than equal stakeholders in the world’s largest democracy.
The DPDP Act amended the RTI Act in a retrograde manner by removing parity between the citizenry and their elected representatives MPs and MLAs/MLCs in terms of access to information.
Now, the Economic Survey seeks to initiate debate on even more regressive measures that would further curtail the contours of the transparency regime.
Strangely, the chief economist who authored the Survey appears to view the citizenry as an adversary of the state rather than as the very reason and purpose for the state’s continued existence.
(Venkatesh Nayak is Director, Commonwealth Human Rights Initiative, New Delhi. Views expressed are personal.)

KIC Kalaburagi Bench heard 992 RTI cases and disposed of 400 of them in last three months

The Hindu: Kalaburagi: Sunday, February 1, 2026.
State Information Commissioner for Kalaburagi Bench
B. Venkat Singh addressing press conference in Kalaburagi
on Saturday. | Photo Credit: ARUN KULKARNI
State Information Commissioner for Kalaburagi Bench B. Venkat Singh said the Karnataka Information Commission (KIC) in Kalaburagi had taken up 992 Right To Information (RTI) cases for hearing since he assumed charge in October, 2025, and disposed of 400 of them.
Addressing reporters here on Saturday, Mr. Singh said that the KIC Kalaburagi Bench had heard 992 RTI cases between November 2025 and January 2026 and disposed of 400 cases, and 592 cases were adjourned.
He highlighted that the Bench had prioritised decade-old cases, taking up 357 matters pending between 2010 and 2022 and disposing of 282 of them, underscoring the commission’s commitment to speedy disposal of long-pending RTI appeals.
He added that 882 cases heard by the previous Commissioner were still pending for final orders and would be cleared by the end of March, 2026. At present, a total of 6,691 cases were pending before the Kalaburagi Bench.
Mr. Singh clarified that from February 1, second appeals under Section 19(3) of the RTI Act, which were earlier received only at the commission’s Bengaluru headquarters, would now be directly accepted and heard at the Kalaburagi Bench.
Penalties imposed
The commission has also imposed penalties totalling ₹65,000 on three panchayat development officers for failing to furnish information despite repeated directions.
In two cases, fines of ₹25,000 each were imposed on Nagabhushan, then panchayat development officer of Sunkeshwar Gram Panchayat in Manvi taluk of Raichur district, for not providing information related to grants under the 15th Finance Commission to two applicants.
In another case, a penalty of ₹15,000 was imposed on Bhagavantharaya Mardi, panchayat development officer of Adki Gram Panchayat in Sedam taluk of Kalaburagi district, for failing to provide information and for remaining absent during hearings despite prior warnings.
Mr. Singh said the commission had also begun recovering penalties from defaulting officers.

Over 54,000 RTI applications pending in K’taka; KIC warns officials of strict action

Times of India: Dharwad: Sunday, February 1, 2026.
Expressing serious concern over the mounting backlog of Right to Information (RTI) applications in Karnataka, the Karnataka Information Commission (KIC) has sharply criticised govt officials for delays in furnishing information and warned of stringent penal action against erring officers.
Speaking to the media after a training programme on RTI application disposal in Dharwad on Saturday, state information commissioner Rudranna Hartikoti said more than 54,000 RTI applications have been pending across the state for a long period, while an additional 10,000 applications were filed in 2025 alone. He cautioned that public information officers (PIOs) who evade or delay providing information will face penalties, and failure to pay such fines could even result in the withholding of retirement benefits.
After Bengaluru, Kolar district has the highest number of undisposed RTI applications, while Dharwad district ranks seventh, Hartikoti noted. He said officials cannot give vague replies or simply reject applications. "Every citizen has the right to seek information on govt projects, and officials are duty-bound to provide it. Allegations of blackmail will not arise if information is shared transparently and on time," he said.
So far, the commission has toured 22 districts and held meetings with officials to address apprehensions and boost their confidence, Hartikoti said.
Providing department-wise data, Hartikoti said the highest pendency is in the rural development and panchayat raj department with 11,014 applications, followed by the revenue department (5,517), urban development (4,221), education (1,544), social welfare (1,055) and the public works department (1,024).
Over the past year, the KIC has disposed of 32,992 RTI applications and is confident of clearing the remaining backlog soon. So far, 10,649 officials have been penalised, with fines amounting to Rs 10.3 crore imposed for failure to provide information. In Dharwad district alone, 95 officials have faced penalties, Hartikoti said, reiterating that retirement benefits would be withheld from those who fail to pay the fines.
Meanwhile, state information commissioner Rajshekar S said the RTI Act is a fundamental right that has enhanced transparency in governance since its implementation. He stressed that officials are required to provide information within 30 days of receiving an RTI application.
He added that RTI pendency is particularly high in the Kittur Karnataka and Kalyana Karnataka regions, prompting the commission to visit districts across North Karnataka to create awareness among officials. Govt has also been advised to review RTI applications during KDP meetings to ensure timely disposal, he said.

CPI MP P Sandosh Kumar writes to PM Modi, slams Economic Survey’s stand on RTI Act

The Statesman: New Delhi: Sunday, February 1, 2026.
The CPI MP said that any attempt to dilute its spirit strikes at the core of constitutional governance.
CPI Rajya Sabha MP P Sandosh Kumar on Saturday wrote to Prime Minister Narendra Modi, strongly opposing the views expressed in the Economic Survey 2025–26 on the Right to Information Act, 2005.
In the letter, Kumar highlighted that the RTI Act, enacted by the UPA government with support from the Left, marked a historic advance ininstitutionalising transparency and democratic accountability.
Asserting that the RTI Act was a conscious political choice to empower citizens, curb corruption, and subject the State to public scrutiny, the CPI MP said that any attempt to dilute its spirit strikes at the core of constitutional governance.
“The position articulated in the Economic Survey, prepared by the Economic Division of the Department of Economic Affairs representing the Government of India, implicitly portrays transparency as an impediment to governance. This framing is deeply flawed,” he said.
He further stated that the suggestion that the RTI Act requires “reexamination” to protect internal deliberations risks legitimising corruption and shielding wrongdoing under the guise of administrative efficiency.
He also alleged that the RTI framework has already been “systematically weakened” over the past decade of the BJP-led NDA rule.
“Amendments enacted in 2019 undermined the independence of Information Commissions by placing the tenure and service conditions of Information Commissioners at the discretion of the Central Government. Procedural changes to RTI rules have made information harder to access,” he said.
“At the same time, journalists, RTI activists, and whistleblowers continue to face intimidation and threats,with inadequate legal protection for those exposing corruption and irregularities.
“In this context, the approach adopted by the Economic Survey is not merely academic butpolitically consequential. Any further dilution of the RTI Act would be disastrous fordemocratic accountability and public trust,” he said.
Kumar urged the Prime Minister to reconsider this position and ensure that the relevant portions on RTI are removed from the Economic Survey.
“The Government must reaffirm, clearly and unambiguously, its commitment to transparency,accountability, and the citizen’s right to know,” he added.

Saturday, January 31, 2026

Legal notice to Himachal Govt over Aadhaar, Him Parivar compulsion for RTI filing

Himachal Scape: Shimla: Saturday, 31 January 2026.
A serious constitutional challenge has been raised against the Himachal Pradesh government’s RTI online portal over the mandatory linking of Aadhaar, Him Parivar ID, ration card and family member details for filing Right to Information applications.
In a strongly worded legal notice addressed to A. Shainamol, Secretary (RPG) to the Government of Himachal Pradesh, a Shimlabased citizen Capt Atul Sharma has accused the State administration of executive overreach, constitutional fraud and illegal mass data profiling through the design of the Himachal RTI (Him Access) portal.
The notice alleges that citizens attempting to exercise their statutory right under the Right to Information Act, 2005 are being digitally coerced into furnishing Aadhaar numbers or family-linked identifiers as a precondition for filing RTI applications.
Calling the practice “coercion masquerading as consent,” the notice asserts that the Right to Information is a statutory extension of Article 19(1)(a) and cannot be conditioned on biometric or family database seeding. It argues that RTI is neither a subsidy nor a welfare benefit and therefore falls completely outside the scope of Section 7 of the Aadhaar Act, which applies only to services funded from the Consolidated Fund of India.
The letter further states that forced consent obtained under threat of denial of RTI access is legally void, citing violations of the right to privacy under Article 21 and the Supreme Court’s Puttaswamy judgments. Any personal data collected through such means, it claims, would amount to illegally obtained information.
A key concern highlighted is the alleged unlegislated linkage of RTI applicants with the Him Parivar database, which the notice terms as mass profiling and surveillance without statutory backing. It states that no law passed by the Himachal Pradesh legislature authorises cross-departmental pooling of family data or permanent identity tagging of citizens seeking information from the State.
The notice also warns of criminal liability for officials involved in approving and enforcing the system, citing provisions relating to abuse of authority, unlawful data use and breach of trust under the IPC/BNS and the Information Technology Act. It explicitly states that denial or obstruction of RTI access due to non-submission of Aadhaar would amount to constitutional injury.
Four immediate demands have been placed before the state government: removal of Aadhaar and family identifiers as mandatory RTI fields, a public clarification that RTI applications will not be denied for lack of such details, cessation of data seeding with the Him Parivar database, and fixing responsibility on officers who operationalised the system without legal sanction.
The notice cautions that failure to act would compel affected citizens to initiate constitutional litigation under Article 226 and pursue criminal proceedings against individual officers, noting that “acting under orders” would not be a valid defence.
As of now till. Filing of that report, the State government has not issued any official response to the notice.

Wife uses RTI to establish man’s bigamy

Times of India: Surat: Saturday, 31 January 2026.
When a 33-year-old woman learned that her husband had married another woman without divorcing her and that his ‘second wife' had had a baby, she filed an Right To Information (RTI) application with civic authorities to establish his bigamy.
The reply to the RTI application stated that her husband was the father of the newborn. Based on the reply, she filed an FIR with Godadara police against her husband for bigamy and her in-laws for demanding dowry and threatening her.
The FIR states that the woman's wedding was initially scheduled for May 2019, at Tulsi Party Plot in the Godadara area. Her husband and in-laws arrived with the ‘baarat'. Before the wedding ceremony, his family demanded Rs 5 lakh in cash, a 15-gram gold ring and a Bullet motorcycle. As her father was unable to provide the dowry, the groom and his family returned with the baarat and called off the wedding.
Relatives intervened and persuaded the groom's family to go ahead with the match. Fifteen days later, the complainant married the accused at a temple, where her father gave some gold, silver and household items.
After the complainant began living in the marital home, her husband, his parents and his sister allegedly began harassing her, saying she did not bring enough dowry. They also made cruel remarks about her appearance.
The complainant had a baby girl a year into the marriage. Her in-laws allegedly taunted her about not having a boy. Her husband also expressed doubts that the girl was his. The complainant was also allegedly assaulted several times.
Fed up with the harassment and violence, the woman returned to her father's house in 2022. She later contacted her husband, but he refused to accept her and their daughter. Meanwhile, the complainant learned that her husband had married another woman and had a baby boy in Aug 2025 at a private hospital in Kadodara town.
The complainant filed an RTI application with the Kadodara municipality to know the name of the father of the newborn boy. The municipality replied with the birth registration details, showing that the father was the victim's husband.
The woman then filed a complaint for domestic violence, bigamy and criminal intimidation under Bharatiya Nyaya Sanhita Sections 85, 82(1), 351(3), 352, 54 and Sections 3 and 4 of the Dowry Prohibition Act.

RTI disclosure isn’t ideal curiosity, it enables good governance : By: Editorial

The Indian Express: Editorial: Saturday, 31 January 2026.
The law’s roles in exposing major scams the Vyapam scam and the Adarsh Housing Society scam, for instance is a testimony to its role as a governance enhancer. The Act has also been used to question the RBI during the banking scams
The Economic Survey has done a commendable job in underlining the country’s resilience in an increasingly uncertain world. It has highlighted the deficits that could stall the growth momentum and rightly pointed out that increasing innovation, scaling up the country’s manufacturing ecosystem, and enhancing export competitiveness will require the government to become an enabler not a heavy-handed controller. The Survey, however, is misplaced in interpreting civic scrutiny of governance as antithetical to the entrepreneurial spirit. It calls for a re-examination of the Right to Information Act, particularly the provisions related to the disclosure of deliberations that inform policymaking. The observation that such disclosures “unduly constrain governance” is a narrow reading of administrative efficiency. Public access to documents illuminates the evolution of a policy and provides a context for why certain ideas were accepted or rejected. They are a precious tool for citizens to force the bureaucracy to share information concerning public policy and the delivery of services and goods. A transparent bureaucracy is, in turn, fundamental to a stable, predictable, and fair economic environment.
By reducing information asymmetry between citizens and state, the RTI has redefined the relationship between the two. The argumentative ethos fostered by the disclosure provisions has been critical to keeping bureaucrats on their toes. They are not “tools for ideal disclosure”, as the Survey notes. The law’s roles in exposing major scams the Vyapam scam and the Adarsh Housing Society scam, for instance is a testimony to its role as a governance enhancer. The Act has also been used to question the RBI during the banking scams. The financial probity catalysed the Supreme Court’s verdicts in the Girish Mittal (2021) and Jayantilal Mistry (2016) cases, wherein the SC held the Central Bank must disclose names of willful loan defaulters and details of Non-Performing Assets of public sector banks. At the same time, however, the Act’s enabling provisions have been substantially attenuated in recent years. The Digital Personal Data Protection Act, which came into force last year, exempts from disclosure “information which relates to personal information.. which has no relationship to any public activity or interest”. The government has reportedly also tried to evade public scrutiny by claiming it does not have data on migrant workers who died during Covid , paper leaks in competitive exams and on farmers’ suicides.
The Economic Survey does acknowledge that the RTI Act is a “powerful tool for reform”. The government would do well to go by the Survey’s overall governance-centred ethos, and not heed the suggestion to re-examine RTI.

‘Am I still living with my husband?’ RTI plea of Basti woman leaves officials flummoxed

Times of India: Lucknow: Saturday, 31 January 2026.
In a bizarre case of marital dispute, a woman from Basti has filed an application under the RTI Act to know whether she, as the legally wedded wife of the man whom she claimed to be her husband, was still living with him in his house. She also wanted to know what information the gram pradhan had about the status of her marriage with the man in question.
The woman asked the Public Information Officer (PIO) if he was aware that the man in question had kept another woman in his house as his wife without legally calling off his marriage with her (the applicant).
The bench headed by State Information Commissioner (SIC) Mohammad Nadeem, however, ruled that RTI cannot be used to investigate private marital relations.
The case dates back to July 2023, when Amita (name changed) sought information from the Block Development Officer (BDO), who was also the PIO, of Bankati development block in Basti on four points.
Her first two queries were answered by the PIO. They were about the development done in the village where the man she claimed to be her husband lived, and details of the man's family members whom he was living with, and his "legal" relation with each one of them.
In the rest of her queries, she wanted to know if the man's legally wedded wife, whom she claimed was her, was still living with him, and if not, then who the other woman living with him was, and if the man kept the other woman as his wife without divorcing his "legal" wife. She also sought details of children born to the other woman.
Both pieces of information were denied by the PIO on the ground that "no such information is held in the records of the gram panchayat".
However, the applicant filed an appeal before the SIC seeking information. The Commission upheld the answer of the PIO and clarified, "The RTI Act is a tool for transparency, not a social register of personal relationships between men and women."

Economic Survey’s return to secrecy undermines the Right to Information : By Venkatesh Nayak

Counterview: New Delhi: Saturday, 31 January 2026.
The latest Economic Survey (ES) revives a 20-year-old idea of amending the Right to Information (RTI) Act to keep file notings, records of internal deliberations, and draft papers out of the citizenry’s reach. The UPA government had crafted an amendment proposal along similar lines in 2006 but could not muster enough political support to table it in Parliament. At the time, the NDA particularly the BJP was among the most vocal opponents of the move, alongside civil society groups.
It is therefore puzzling that the same idea has now been revived without producing a shred of evidence to show how often draft papers or internal deliberations have actually been disclosed under the RTI Act, or what tangible harm such disclosures have caused to governmental interests. Assertions of damage without data weaken the credibility of the proposal.
The idea of a ministerial veto over disclosure is also not new. Several Commonwealth countries
including the UK, Australia, New Zealand, and even Scotland have such provisions in their freedom of information laws. However, these powers are used sparingly and, crucially, are subject to strict judicial review. The most well-known instance of judicial correction of an abuse of veto power is the eventual disclosure of correspondence between the then Prince of Wales, now King Charles III, and government departments. The Supreme Court of England and Wales overruled the ministerial veto, holding that ministers cannot overturn a decision of an FoI appellate tribunal merely because they disagree with it.
The Economic Survey is conspicuously silent on a critical question: when exactly would a ministerial veto be applied—before the Information Commission decides an appeal, or after the Commission has ordered disclosure? This ambiguity strikes at the heart of the transparency framework.
More fundamentally, the very idea of a ministerial veto runs counter to the people’s right to know, as articulated by Justice P. N. Bhagwati in the landmark S.P. Gupta vs President of India Constitution Bench judgment of 1983 (also known as the First Judges Case). Justice Bhagwati rejected the argument that protecting cabinet records and internal deliberations promotes candour among bureaucrats by shielding them from public scrutiny, calling such reasoning unsustainable in the modern era. Disclosure, he held, cannot be denied merely because it may embarrass the government or a department head; embarrassment is not a valid public interest argument.
The doctrine of Crown privilege, which once protected such secrecy, has long been replaced by the far more rigorous test of public interest immunity. The central question today is whether disclosure would harm a legitimate public interest. This principle is embedded in the RTI Act itself—particularly in Section 8(1), which lists specific exemptions, and Section 8(2), which provides a public interest override. Even where exemptions apply, the Information Commission retains the authority to order disclosure if larger public interest so demands.
The Economic Survey fails to engage with these well-established legal developments. Instead, it seeks to reopen debate on ideas and practices that have either been discarded or are now rarely used. The government, which is almost always an interested party in disputes over access to information, cannot be the final arbiter of what constitutes public interest—this role properly belongs to the judiciary or to an autonomous Information Commission.
Against this backdrop, it is a stark irony that the chapter, and indeed the Economic Survey itself, concludes with a reference to the late Mark Tully’s Ninth Palkhivala Memorial Lecture titled “India… must move from a Ruler’s Raj to a Citizen’s Raj.” This contradiction is emblematic of a broader pattern within the ES, which simultaneously invokes democratic ideals while advocating the transformation of India’s welfare state into an entrepreneurial state—one in which citizens are reduced to consumers of public services rather than equal stakeholders in the world’s largest democracy.
The Digital Personal Data Protection (DPDP) Act has already amended the RTI Act in a retrograde manner by removing parity between citizens and their elected representatives—MPs and MLAs/MLCs—in terms of access to information. The Economic Survey now appears to initiate debate on even more regressive measures that would further constrict the transparency regime.
Strikingly, the Chief Economist who authored the ES seems to view the citizenry as an adversary of the State, rather than as the very reason for, and purpose of, the State’s continued existence.
(Venkatesh Nayak is Director, Commonwealth Human Rights Initiative, New Delhi)

Economic Survey’s RTI mention plan to ‘murder’ it like MGNREGA: Kharge

New Indian Express: New Delhi: Saturday, 31 January 2026.
He said the Digital Personal Data Protection Act, 2023, gutted the RTI’s public interest clause, “weaponising privacy to shield corruption and stonewall scrutiny.”
Launching a scathing attack on the ‘Economic Survey’ that called for re-examining the Right to Information Act (RTI), Congress president Mallikarjun Kharge on Friday asked whether it was RTI’s turn to get murdered after the UPA era rural job scheme MGNREGA.
Accusing the Union government of systematically weakening the RTI Act, Kharge said it is unleashing a climate of terror that punishes truth-seekers, as he pointed out that over 100 RTI activists had been murdered since 2014.
The Economic Survey tabled by Finance Minister Nirmala Sitaraman on Thursday said that the RTI Act 2005 was never intended as a tool for idle curiosity, nor as a mechanism to micro-manage the government from the outside. It also made its case for re-examining the nearly two-decade-old RTI law to exempt confidential reports and draft comments from disclosures, saying such provisions constrain governance. Kharge noted that the Survey also suggested a possible ‘Ministerial veto’ to withhold information and wants to explore the possibility of shielding public service records, transfers, and staff reports of bureaucrats from public scrutiny.
“The Economic Survey has called for ‘re-examination’ of the Right to Information Act. “The Modi Government has systematically weakened the RTI Act Over 26,000 pending cases as of 2025. In 2019, the Modi Government hacked away at the RTI Act, seizing control over Information Commissioners’ tenure and pay, converting independent watchdogs into submissive functionaries,” Kharge said in an X post.
He said the Digital Personal Data Protection Act, 2023, gutted the RTI’s public interest clause, “weaponising privacy to shield corruption and stonewall scrutiny.”
Until last month, the Central Information Commission had been functioning without a chief information commissioner. It was the seventh time in 11 years that this key post was deliberately kept vacant, the Congress chief claimed.
“Since 2014, over 100 RTI activists have been murdered, unleashing a climate of terror that punishes truth-seekers and extinguishes dissent. The WhistleBlowers Protection Act, 2014, passed by the Congress-UPA has not been implemented by the BJP, to date,”he said.
‘Ministerial veto’ a possibility now, claims Kharge
The Congress chief noted that the Economic Survey also suggested a possible ‘Ministerial veto’ to withhold information and wants to explore the possibility of shielding public service records, transfers, and staff reports of bureaucrats from public scrutiny.

Friday, January 30, 2026

RTI not meant to micro-manage government; no need for standalone AI law for now: Economic Survey of India.

Bar and Bench: S N Thyagarajan: New Delhi: Friday, January 30, 2026.
The Economic Survey warns that transparency, if pursued without balance, may undermine effective governance.
The Economic Survey of India has cautioned that the Right to Information (RTI) Act, 2005 was not designed to satisfy idle curiosity or enable citizens to micro-manage government functioning, even as it reaffirmed the law’s importance as a cornerstone of transparency and accountability.
“The RTI Act was never intended as a tool for idle curiosity, nor as a mechanism to micromanage government from the outside.” The survey describes the RTI Act as one of India’s most significant democratic reforms and acknowledges its transformative impact on governance. However, it warns that transparency, if pursued without balance, may undermine effective governance.
The survey cautions that such an approach may defeat the law’s original purpose. At the same time, the survey stresses that any reconsideration of the RTI framework must not dilute its core function.
The survey observes that India’s RTI framework is broader than most global transparency laws. It contrasts India’s approach with other jurisdictions where internal personnel rules, inter-agency memoranda, financial regulation reports and policy formulation materials are expressly exempt from disclosure.
According to the survey, India provides limited space for such exclusions.
“India, in contrast, leaves far less space for such carve-outs.”
It notes that draft notes, internal correspondence and even personal records of officials often become public, sometimes without a strong link to public interest. As a result, file notings and internal opinions fall within the definition of information under the Act, with only Cabinet papers enjoying temporary protection.
The survey warns that routine disclosure of internal drafts and remarks may weaken governance.
“If every draft or remark might be disclosed, officials may hold back, resorting instead to cautious language and fewer bold ideas...The candour needed for effective governance is blunted.”
Instead, accountability should attach to final decisions, it suggests.
“Democracy functions best when officials can deliberate freely and are then held accountable for the decisions they finally endorse, not for every half-formed thought expressed along the way.”
The survey notes that Indian courts have recognised such limits and reiterates the law’s core objective.
“The RTI Act is best understood not as an end in itself, but as a means to strengthen democracy.”
On the regulation of artificial intelligence (AI), the Economic Survey of India 2025–26 has suggested that India does not require a standalone law. It states that AI governance can instead be anchored within the Digital Personal Data Protection (DPDP) Act, 2023.
The survey cautions against rushing into an omnibus AI statute and recommends a phased, risk-based regulatory approach that evolves alongside technology and market adoption.
The survey proposes a sequencing model for AI governance - enable experimentation, allow scaling and introduce binding legal obligations only where risks, market power or information asymmetries are most pronounced. It warns that uniform, upfront regulation could impose disproportionate compliance costs on start-ups and early-stage innovators in a labour-abundant and resource-constrained economy like India.
Rather than replicating models such as the EU’s Artificial Intelligence Act, the survey argues that India should allow sectoral regulators to oversee AI deployment within their respective domains - including finance, healthcare, education and public administration.
"Data governance must also evolve through subordinate legislation under the DPDP framework to introduce functional data categorisation and auditability requirements, specifically for large-scale AI training. This must be complemented by incentive-based mechanisms for domestic value retention, such as the menu-based contribution pathways illustrated earlier. Human capital pipelines, particularly the ‘earn-and-learn’ pathways and curricular flexibility, should be scaled using existing legislative and budgetary lever."
The survey recommends that AI compliance obligations be calibrated based on scale, risk and economic impact, with lighter regimes for research institutions and start-ups and higher transparency and reporting requirements for large firms operating in sensitive sectors.
Rejecting blanket bans, it calls for stronger institutional capacity - including an AI Safety Institute - to conduct scenario testing, red-teaming and public disclosure of safety assessments. Certain uses such as intrusive surveillance, predictive policing and opaque behavioural profiling, may warrant strict limits, it added.
Overall, the survey says that India’s AI opportunity lies in application-led, sector-specific systems built on open, interoperable platforms, supported by incremental regulation under existing law.

Economic Survey calls for re-examination of RTI Act.

Indian Express: Nikhil Ghanekar: New Delhi: Friday, January 30, 2026.
While acknowledging the sunshine law as a powerful democratic reform and a tool for accountability and against corruption, it said that the legislation carries risks of becoming an “end in itself”, where disclosures are celebrated regardless of contribution to better governance.
The Economic Survey 2025-26 tabled in Parliament Thursday has called for a re-examination of the Right to Information (RTI) Act, 2005, and suggested exploring ‘adjustments’ to exempt disclosures on deliberative process of policy making and possibly have a ministerial veto with parliamentary oversight to guard against disclosures that could ‘unduly constrain governance’.
While acknowledging the sunshine law as a powerful democratic reform and a tool for accountability and against corruption, it said that the legislation carries risks of becoming an “end in itself”, where disclosures are celebrated regardless of contribution to better governance. It said that the Act was never intended “as a tool for idle curiosity”, nor as a mechanism to micromanage government from the outside.
Among the suggestions it made to revisit the Act included, exempting brainstorming notes, working papers, and draft comments until they form part of the final record of decision-making, protection of service records, transfers, and confidential staff reports. Crucially, it suggested exploring a “narrowly defined” ministerial veto, subject to parliamentary oversight to guard against disclosures that could “unduly constrain governance”.
The survey sought to draw parallels between the RTI Act and similar laws in the US, UK and Sweden and argued that unlike the RTI Act, internationally, internal personnel rules, inter-agency memos, and financial regulations are exempt from disclosures. It said that in contrast, the Indian law leaves “far less space” for such carve-outs, where in draft notes, internal correspondence, and personal records officials often enter public domain, with weak public interest links. It noted that unlike the US, UK or South Africa, which shield policy deliberations and draft documents, India has no general “deliberative process” exemption. “File notings, internal opinions, and draft notes fall squarely within the Act’s definition of information, with only Cabinet papers protected temporarily until a decision is made.”
Elaborating its argument, the survey sought to flag concerns that if every draft or remark is disclosed, officials may “hold back”, resorting instead to cautious language and fewer “bold ideas.” Making it clear that it was not seeking secrecy by default, the survey stated “democracy best functions when officials can deliberate freely and are then held accountable for the decisions they endorse, not for every half-formed thought expressed along the way”.

Thursday, January 29, 2026

Punjab civic bodies paying Rs 10 lakh waste penalty, daily Fail to comply with disposal norms: RTI

Tribune India: Punjab: Thursday, January 29, 2026.
All 166 urban local bodies (ULBs) in Punjab, including municipal councils and municipal corporations, are collectively paying a daily penalty of around Rs 10 lakh for failing to comply with solid waste management and legacy waste remediation norms.
The penalties are being paid as environmental compensation to the Punjab Pollution Control Board (PPCB), according to information obtained under the Right to Information (RTI) Act. The fines have been imposed for continued violation of the Solid Waste Management Rules, 2016, and for non-compliance with repeated directions issued by the National Green Tribunal (NGT).
Official documents reveal that most civic bodies have failed to prepare or submit proposals for scientific processing and disposal of solid waste since April 1, 2020, despite repeated reminders and notices.
Under the NGT-approved framework, each ULB is liable to pay environmental compensation based on its population. Municipalities with a population above 10 lakh are required to pay Rs 10 lakh per month, those with a population between 5 lakh and 10 lakh are charged Rs 5 lakh per month, while other ULBs are required to pay Rs 1 lakh per month.
On an average, the PPCB has been imposing penalties of nearly Rs 3 crore per month on ULBs across the state for non-compliance since July 1, 2020. Between July 1, 2020, and June 30, 2025, the PPCB imposed a cumulative environmental compensation of Rs 170.12 crore on all 166 ULBs. During this period, the pollution board issued seven notices to the Local Government Department, urging corrective action.
Year-wise details of the penalties reveal that Rs 31.84 crore was imposed between July 1, 2020, and March 31, 2021. This was followed by penalties of Rs 35.26 crore from April 1, 2021, to February 28, 2022; Rs 50.43 crore from March 1, 2022, to September 30, 2023 (a period of 19 months); Rs 14.76 crore from October 1, 2023, to March 31, 2024; Rs 7.65 crore from April 1, 2024, to June 30, 2024; Rs 15.12 crore from July 1, 2024, to December 31, 2024; and Rs 15.06 crore from January 1, 2025, to June 30, 2025.
Sources said the persistent failure of ULBs to establish waste processing facilities, ensure segregation at source and clear legacy dump sites poses a serious threat to public health, groundwater and the environment. The PPCB has warned that continued non-compliance could invite further penalties and legal action.
Advocate Kamal Anand, who obtained the information under the RTI Act, criticised the civic bodies for their “irresponsible and negligent attitude”. “Instead of investing in proper management and disposal of solid waste, municipalities in the state are paying an average of Rs 10 lakh per day as compensation. This ultimately burdens taxpayers,” he said. “At the same time, residents continue to face serious health hazards due to mounting heaps of garbage in almost every part of the state,” added Anand.
Maximum dues on Ludhiana, Amritsar MCs
The Ludhiana and Amritsar Municipal Corporations have accumulated the highest environmental compensation dues of Rs 6 crore each, followed by the Jalandhar MC at Rs 3 crore.

Transparency Tested Inside a Government Hospital : By Ashish Singh

Countercurrents: Raebareli: Thursday, January 29, 2026.
The Right to Information Act was enacted to correct a structural imbalance between the citizen and the State. In a constitutional democracy, information generated using public funds does not belong to officials or institutions; it belongs to the public. The RTI Act converts this principle into enforceable law by imposing binding duties on public authorities and empowering citizens to question, examine, and audit governance. Nowhere is this obligation more critical than in a government district hospital, where public money, administrative discretion, and human life intersect on a daily basis.
Rana Beni Madhav Singh District Hospital, Raebareli, is a government district hospital and therefore squarely falls within the definition of a public authority under the RTI Act. Its records are not optional disclosures or administrative favours. They are statutory responsibilities. Decisions relating to staffing, procurement, inspections, expenditure, and service delivery are created in the name of the public and must withstand public scrutiny. Any denial of such information must meet the strict legal standards laid down in the Act.
Section 5 of the RTI Act mandates the appointment of Public Information Officers and fixes personal responsibility for compliance. This provision exists to ensure that information flows to citizens efficiently and without obstruction. It does not, in any form, authorize the denial of information. Citing Section 5 as a ground for non-disclosure either reflects a serious misunderstanding of the law or an attempt to cloak denial in procedural language. The section creates accountability; it does not dilute it.
Section 7 governs timelines and procedure for providing information. It reinforces the idea that information delayed is information denied. In the context of a public hospital, where records often relate to essential services and public welfare, delay or evasion defeats the very purpose of transparency. Invoking Section 7 while withholding information reverses the logic of the Act and undermines its intent.
Section 8 provides limited exemptions, not blanket immunity. These exemptions are narrow, conditional, and must be justified with reasons. Section 8(1)(j), which protects personal information, applies only where disclosure has no relationship to public activity or public interest. Administrative records of a government hospital cannot be classified as private simply because disclosure may be uncomfortable or embarrassing. The Act itself makes it clear that even exempt information must be disclosed where a larger public interest exists. In public healthcare institutions, public interest is not incidental; it is inherent.
The most disturbing aspect of the RTI response is the inclusion of Sections 16, 44, 46, and 66 as grounds for denial. These provisions have no role whatsoever in refusing information. Section 16 safeguards the independence of Information Commissions. Section 44 mandates annual reporting on RTI implementation. Section 46 gives the Act overriding effect over inconsistent laws. Section 66 enables rule-making for effective implementation. None of these sections empower a public authority to reject an RTI application. Their invocation serves no legal purpose except to confuse, overwhelm, or intimidate the applicant.
The usage of these sections is not a harmless clerical error. It gives rise to a reasonable apprehension that legal provisions are being selectively deployed to create the appearance of legality while, in effect, obstructing transparency. This practice transforms the RTI reply into a bureaucratic shield rather than a democratic instrument. It signals an institutional mindset that views transparency as a threat to be managed rather than a duty to be fulfilled.
The RTI Act does not permit authorities to assemble a list of sections and present it as a substitute for reasoned justification. The law demands clarity. Every denial must demonstrate how the requested information specifically falls within a valid exemption. Anything less reduces the Act to a procedural ritual devoid of substance.
Transparency in a government hospital is not an abstract principle. It directly affects service quality, resource allocation, and public trust. District hospitals serve citizens who often have no alternative access to healthcare. When such institutions resist scrutiny, the consequences are borne not in legal theory but in lived reality.
The RTI Act was designed to pierce administrative opacity, not legitimize it. When a government hospital responds to public queries by misusing statutory provisions, the issue transcends one application. It raises fundamental questions about how public institutions understand accountability and their relationship with the citizens they are meant to serve.
Democracy is not judged by the existence of laws alone, but by the integrity with which they are applied. The misuse of RTI provisions is not merely a legal lapse; it is a democratic failure. When transparency is obstructed through legal obfuscation, accountability becomes performative and governance loses its moral authority.

Wednesday, January 28, 2026

Students learn importance of RTI through Quizzes in Rajshahi

BSS: Bangladesh: Wednesday, 28 January 2026.
An orientation session on the Right to  Information (RTI) was held for students at Nowhata Government High School  under Paba upazila of the district.
"Access to information is your right" a response from the stage came  instantly against a raising question "Is it really possible to get  information if we ask for it?" from a student at the session.
The auditorium turned into silence while such a question was raised but the entire hall erupted in applause after hearing the answer.
The orientation session included such a lively and dramatic atmosphere-filled  with quizzes, question-and-answer sessions, and real-life stories.
At the meeting, held this (Tuesday) morning on the school premises, speakers  said that it is not possible to build an accountable and transparent system  of governance without ensuring the right to access information. The human  desire to know is eternal, they added.
As citizens, the right to seek and receive information is known as the Right  to Information. Information means power, which plays an effective role in  establishing good governance and combating corruption.
The United Nations and the Constitution of Bangladesh recognize the right to  information as a fundamental right. Article 39(1) of the Constitution of  Bangladesh also mentions this right.
The meeting was organised by the Bangladesh Country Office of The Carter  Center with the aim of raising awareness among citizens about their right to  information and ensuring the effective implementation of the RTI Act to  prevent corruption. The event was held under the initiative of the combined  office of the Anti-Corruption Commission (ACC).
Several real-life examples of the successful application of the RTI Act were  shared at the meeting.
In some cases, irregularities were prevented by obtaining information about  development project expenditures; in others, experiences were shared on  ensuring that genuine beneficiaries receive support under social safety net  programmes.
These real stories sparked students' curiosity and clearly demonstrated that  the right to information is not merely a theoretical concept, but one deeply  connected to everyday life.
During the orientation, it was explained that the RTI is a fundamental  democratic right of citizens, through which information held by the  government and certain private institutions can be accessed.
Discussions highlighted the background, objectives, and significance of the  RTI Act 2009. Students were also given a clear understanding of the  definition of information, the appointment and responsibilities of designated  officers, institutional obligations to provide information, procedures for  submitting applications, the process of responding within stipulated time  frames, and application fees.
The quiz competition organised under the theme "Know the Law, Know Your  Rights" made the session even more engaging, with active participation from  students.
Applause for correct answers and laughter at wrong ones turned the auditorium  into an open learning space.
According to the organisers, such participatory events play an effective role  in generating interest among young people in law and civic rights.
Students also shared their reflections at the meeting.
Rimti, a sixth-grade student of Nowhata Government High School, said, "Before  today's event, the right to information was limited to textbook pages for us.
Through real examples and quizzes, we have understood how seeking information  can help stand against injustice and corruption. Now it feels like we can ask  questions too."
Eighth-grade student Ifat said, "I didn't have much idea about the Right to Information Act before. Today I learned that even as ordinary citizens, we can request information from government offices. This knowledge has boosted our confidence and inspired us to become more conscious citizens in the future."
Fazlul Bari, deputy director of the ACC, addressed the event as the chief guest saying effective implementation of the Right to Information Act 2009 increases transparency in both public and private institutions and reduces opportunities for corruption.
"The right to information is not just a law; it is a powerful tool for citizen empowerment. If awareness of this right is created among students and young people, building an accountable and corruption-free society in the future will be much easier," he added.
In her welcome address, Shammi Laila Islam, country representative of The Carter Center, said that accurate information is power.
She noted that the law plays a vital role in ensuring the free flow of information, including women's right to access information. She also remarked that rights can only be properly exercised when people are aware of them.
ACC Assistant Director Tanvir Ahmed, Headmaster of the school Omar Ali, President of the Corruption Prevention Committee Akhtar Faruk also spoke.
The awareness and confidence visible on the students' face at the end of the meeting offered a hopeful sign for building a responsible citizenry in the future.

4,902 posts vacant in govt colleges: RTI

Tribune India: Haryana: Wednesday, 28 January 2026.
Highest number of vacancies for teachers in English department
According to information obtained under the Right to Information (RTI) Act, 4902 teaching posts are lying vacant across government colleges in Haryana.
The RTI reply reveals that out of 8,137 sanctioned teaching posts across 185 government colleges in the state, only 3,235 are filled, leaving 4,902 posts vacant. To address the acute shortage of regular faculty, colleges have engaged 1,971 extension lecturers and 45 guest lecturers.
The information was sought by Subhash, state convenor of the Haryana Soochna Adhikar Manch, who had filed an RTI application with the State Public Information Officer of the Higher Education Department, seeking details on the number of government colleges, sanctioned teaching posts and subject-wise vacancies.
The department's reply points to a severe shortage of teachers, which has adversely affected higher education in the state.
Subhash said that the highest number of vacancies was in the English subject. Of the 1,146 sanctioned posts for English teachers, 792 are vacant. In Geography, 508 posts are vacant out of 806; in Commerce, 486 out of 1,034; in Mathematics, 409 out of 704; in Botany, 174 out of 226; and in Chemistry, 409 out of 583 posts are vacant.
Similarly, 233 out of 476 posts in Computer Science, 335 out of 528 in Hindi, and 140 out of 199 posts in Physical Education remain unfilled. Notably, all sanctioned posts in subjects such as Environment, Anthropology, Electronics, Zoology, Management, Biology, Information Technology, Microbiology, Statistics and Urdu are vacant.
Subhash said around 4,200 teaching posts were vacant in June 2024 when he had earlier sought similar information. "The number of vacant posts has now gone up to 4,902, which indicates that new recruitments are not being carried out while teachers continue to retire on superannuation," he said.
Quoting the 2024 RTI reply, he said Gurugram had 228 vacant posts, Hisar 279, Faridabad 242, Bhiwani 214, Ambala 103, Jind 169, Karnal 145, Palwal 114, Rohtak 170, Sirsa 167, Sonepat 109 and Fatehabad 143.
Subhash described the situation in colleges as a reflection of the "deplorable" state of higher education in Haryana.
"The condition of school education in the state is also quite bad. Thousands of teaching posts are vacant in schools. Schools are being merged and teaching posts are being abolished," he alleged.