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The Times of India: Chennai: Sunday, 8th
February 2026.
The state information
commission has ordered departmental action against the headquarters deputy
tahsildar in Pallavaram for trying to cover up an omission on her part, in a
reply to a plea filed under the RTI Act. The matter relates to the
non-implementation of a Chengalpet district revenue officer's order in 2023.
Chief information
commissioner Md Shakeel Akhter directed the Chengalpet RDO to initiate
departmental action against the then deputy tahsildar, Kanchana, who was also
the public information officer, and submit a report by March 5.
The petitioner, T V
Madhanagopal of Chromepet, was also given a remedy, as the panel directed the
present PIO and headquarters deputy tahsildar, N Pushparani, to implement the
RDO's order and give information to the petitioner.
The RDO's order in 2023
directed removal of a name from the ‘A register' with respect to a survey
number in Pammal and inclusion of another name. Madhanagopal sought details on
implementation of the order through an RTI plea in 2024.
Since Madhanagopal did not
get a proper response, he approached the information commission through a
second appeal. When the matter first came up for hearing in June last year, the
commission ordered the then deputy tahsildar to provide the necessary information
within 15 days. A month later, the reply was reviewed, and the commission
concluded the information provided was not satisfactory and gave another month
to provide the required information.
However, since there was
no response, Madhanagopal moved a non-compliance petition before the panel and
the same was taken up for hearing in Jan.
Bar and Bench: Columns: Sunday, 8th February
2026.
Can judicial
interpretation introduce categorical exclusions when parliament deliberately
used inclusive language?
India’s Right to
Information (RTI) regime stands at an unusual constitutional crossroads. Over
the past two decades, the RTI Act, 2005 has evolved into one of the most
effective accountability mechanisms within the country’s democratic framework.
Yet, recent judicial
developments reveal a troubling paradox - while courts continue to strengthen
transparency obligations of public authorities, interpretive restrictions
simultaneously narrow the procedural rights available to citizens seeking
information.
Two recent developments
illustrate this growing doctrinal tension. First, the Central Information
Commission's (CIC) interpretation, drawing on a Madras High Court ruling, bars
advocates from filing RTI applications in matters they handle. Second, the Delhi
High Court’s sharp reprimand of the Municipal Corporation of Delhi (MCD) for
failing to comply with proactive disclosure obligations under Section 4 of the
RTI Act.
Together, these
developments raise fundamental constitutional questions that arguably require
the Supreme Court's authoritative resolution.
The advocate exclusion:
Restriction without statutory foundation
The RTI Act uses unusually
expansive language. Section 6(1) provides that “any person” seeking information
may file an RTI application. The Act explicitly incorporates subject matter
exemptions under Section 8 and institutional exemptions under Section 24.
Notably, parliament refrained from imposing professional or status-based
exclusions.
Despite this legislative
clarity, recent administrative practice, supported by judicial interpretation,
has begun treating advocates as ineligible to invoke RTI in matters connected
to the cases they represent. The underlying reasoning suggests that allowing
lawyers to file RTI applications may convert the statute into a professional
litigation tool.
This interpretation
effectively introduces a professional disqualification that is absent from the
statutory text. It raises a core question in constitutional jurisprudence: can
judicial interpretation introduce categorical exclusions when parliament deliberately
used inclusive language?
The anomaly becomes even
more evident in practice. An advocate who files an RTI request in a
representative capacity may be rejected. The same advocate, filing the same
request as an individual citizen, may succeed. Such an interpretation
undermines statutory transparency while incentivising procedural concealment.
Access to justice and
structural inequalities
The implications of
advocate exclusion extend beyond professional inconvenience. They directly
affect the operational effectiveness of access to justice.
The Supreme Court has
consistently recognised that access to justice forms part of Article 21. In
Anita Kushwaha v. Pushap Sudan, the Court emphasised that access to justice
must be practical and effective rather than merely theoretical.
In the ground realities of
Indian litigation, most litigants lack the capacity to independently navigate
administrative disclosure systems. Legal aid lawyers and district practitioners
routinely rely on RTI to obtain government records, particularly where
traditional discovery mechanisms fail.
Applications under Order
XI of the Civil Procedure Code (CPC) frequently encounter procedural delays.
Requests under Section 91 of the Criminal Procedure Code (CrPC) are often
ignored or indefinitely postponed. RTI introduced statutory timelines, appellate
oversight and penalty provisions that significantly enhanced record
accessibility.
Restricting advocates' use
of RTI, therefore, risks creating structural inequality within the justice
delivery system. Litigants with resources may be able to pursue alternative
compliance mechanisms, whereas marginalised litigants may effectively lose access
to critical evidence.
Article 14 and the
doctrine of reasonable classification
The advocate exclusion
also invites scrutiny under Article 14. Constitutional jurisprudence requires
that any classification satisfies the twin tests of intelligible differentia
and a rational nexus to the legislative objective.
Here, the objective of the
RTI Act is to promote transparency and accountability. Denying access solely on
the basis of professional status appears difficult to justify within this
framework. Identical information remains accessible when sought by an individual
citizen, but becomes restricted when sought by a legally trained representative
acting on behalf of another citizen.
Such classification risks
being characterised as arbitrary, particularly when the statute itself does not
contemplate professional restrictions.
Misuse concerns and the
principle of proportionality
The primary justification
advanced for advocate exclusion is the potential misuse of RTI by legal
practitioners. However, constitutional proportionality requires that
restrictions on statutory rights must be narrowly tailored and least
restrictive.
The RTI Act already
contains safeguards addressing misuse. Section 7(9) permits rejection of
disproportionate requests. Section 8 protects sensitive information from
disclosure. The appellate framework provides supervisory oversight.
A blanket professional
prohibition, therefore, appears disproportionate. It restricts legitimate use
while failing to eliminate misuse, which may simply shift into informal
channels.
MCD case: Reaffirming the
spirit of RTI
In contrast to the
restrictive interpretation emerging in advocate exclusion cases, the Delhi High
Court’s recent judgment concerning the MCD reinforces the foundational
philosophy of the RTI Act.
In a public interest
litigation (PIL) filed by the Centre for Youth, Culture, Law and Environment,
the Court examined MCD’s failure to proactively disclose legislative
proceedings, resolutions, and committee records. The Bench, led by Chief
Justice DK Upadhyaya and Justice Tejas Karia, expressed concern that even two
decades after the enactment of the RTI Act, statutory obligations under Section
4 remained unfulfilled.
The Court rejected MCD’s
reliance on provisions of the Delhi Municipal Corporation Act to justify
non-disclosure, emphasising that municipal statutes cannot dilute the
transparency obligations imposed under the RTI Act. It directed the civic body
to file compliance affidavits, signalling judicial recognition of systemic
administrative opacity.
Section 4: The
constitutional backbone of RTI
The MCD judgment
highlights Section 4 as the philosophical cornerstone of RTI. The provision
envisages a governance framework in which public authorities proactively make
information available to the public, thereby reducing dependence on individual
RTI applications.
However, compliance with
Section 4 has historically been weak across public institutions. The Delhi High
Court’s intervention reflects its recognition that transparency cannot remain
merely reactive. It must be institutionalised through voluntary disclosure.
This interpretation aligns
with the constitutional values of participatory governance and administrative
accountability.
The emerging
jurisprudential conflict
The co-existence of
advocate exclusion and proactive disclosure enforcement reveals an emerging
doctrinal conflict. While courts are strengthening institutional transparency
obligations, procedural avenues enabling citizens to access information through
professional assistance are being restricted.
This duality risks
creating a transparency framework that is theoretically robust but practically
inaccessible.
The need for authoritative
Supreme Court clarification
The conflict between
inclusive statutory language and restrictive judicial interpretation
necessitates authoritative clarification by the Supreme Court. The issues
involved raise fundamental constitutional questions:
- Can courts introduce
professional exclusions into a rights-based statute framed in universal
language?
- Does advocate exclusion
violate Articles 14 and 21?
- Can concerns regarding
misuse justify categorical professional disqualification?
- How should courts
reconcile proactive disclosure obligations with procedural access rights?
The resolution of these
questions will determine whether RTI continues to function as a citizen-centric
accountability mechanism or evolves into a technically accessible but
functionally restricted statute.
Transparency as a
constitutional value
The Supreme Court has
repeatedly recognised the right to information as an essential component of
Article 19(1)(a). RTI represents legislative recognition of this constitutional
value.
Transparency statutes
operate as instruments of democratic accountability. Their effectiveness
depends not merely on statutory existence, but on functional accessibility.
Restricting professional facilitation of information access risks diluting the
enforcement of transparency.
Simultaneously, judicial
insistence on proactive disclosure reinforces that transparency is not an
optional administrative practice but a constitutional governance norm.
India’s RTI regime is
undergoing a significant interpretive transition. Judicial decisions are
simultaneously strengthening institutional transparency obligations while
narrowing procedural access.
The phrase “any person” in
Section 6 represents a conscious legislative commitment to universal
accessibility. Introducing professional disqualifications risks undermining
both statutory fidelity and constitutional equality.
The Supreme Court now
stands uniquely positioned to reconcile this emerging conflict. Its
intervention can restore doctrinal coherence, protect access to justice and
reaffirm RTI as a cornerstone of democratic accountability.
The future credibility of
India’s transparency framework may well depend on how this constitutional
tension is resolved.
(Dr Ajay Kummar Pandey is an advocate practicing
before the Supreme Court of India.)
Lagatar: Ranchi: Saturday, 7Th February 2026.
After a prolonged legal
battle spanning 15 years, Saint Joseph College (Khunti) has approached the
Supreme Court, challenging the Jharkhand State Information Commission’s 2016
directive to disclose financial documents under the Right to Information (RTI)
Act. The case centers on the refusal to provide audit reports and utility
certificates to Professor Akshya Kumar Rai.
Background of the Dispute
In 2016, Prof. Rai filed
an RTI request seeking four key pieces of information:
- Audit reports from FY
2011–2015
- Utility certificates for
grants used
- Minutes of Governing Body
meetings during that period
- Documents detailing
government grant usage and the rationale for not spending on
government-appointed faculty
The college denied the
request, citing its status as a minority institution and claiming the
information was confidential and exempt under RTI provisions.
Information Commission’s
Ruling and High Court Battles
The State Information
Commission ruled in Prof. Rai’s favor in September 2016, ordering the college
to furnish all requested information. The college then challenged this decision
in the Jharkhand High Court, initiating a legal contest that continued for
nearly a decade.
In May 2024, Justice Anil
Kumar Choudhary upheld the commission’s decision. Unrelenting, the college
filed a Letters Patent Appeal (LPA), which was also dismissed in 2025 by a
bench comprising Justices Sujit Narayan and Rajesh Kumar, who stated that due to
the substantial government funding, the college falls within the ambit of the
RTI Act.
Supreme Court Appeal Filed
Now in 2026, the college
has escalated the matter to the Supreme Court. While the appeal has been
admitted, the apex court has yet to schedule a hearing.
The Hindu: Madurai: Saturday, 7Th February 2026.
Prompt and proper response
to the applicants seeking information through the Right To Information Act of
2005 would reflect the transparent administration of the government, said State
Information Commissioners here on Friday.
The Sivaganga district
administration had organised an interaction with the SICs and the Principal
Information Officers from various departments at the District Collectorate.
The SICs R. Priya Kumar,
V.P.R. Elamparithi and M Natesan stressed the need for swiftness in the
response as it would give a fillip to the applicants. There were certain
procedures in obtaining the information.
It would be ideal for the
authorities to be aware of the amends in the RTI at regular intervals.
While some of the
departments have exemption and information need not be disseminated to the
applicants, the Information Officers, however, should respond to other
applications without delay.
In case of any slackness,
the applicants move the appellate authorities, which should be avoided in the
normal course. This, the SICs said, would give a positive outlook of the
departments and the officers as well.
The SIC also clarified on
the rights of the petitioners and responsibilities of the officers in each
department. In the event of any document missing, the officer concerned shall
track for the copies and furnish the details sought by the applicant instead of
simply responding that the documents are not available or missing, they
suggested.
Explaining the objectives
of the RTI and the role of the State Information Commission and among others,
the top officers also explained the features of sharing information to those
seeking them as a mark of highest integrity and a reflection of fairness in the
administration.
District Revenue Officer
S. Selvasurabi presided over the meeting in which officials from various
departments participated.
Times of India: Surat: Saturday, 7Th February
2026.
Even as demand rises for
early morning departures and late-night arrivals at Surat Airport, an RTI reply
has revealed that all 10 night-parking bays meant for Code-C aircraft (A321,
B739) have been allotted to non-scheduled operators.
According to airport
sources, at least one scheduled airline has sought two night-parking bays at
present. However, no slots are currently available, as all 10 bays have
reportedly been assigned to owners of non-scheduled aircraft from Surat,
Ahmedabad and Mumbai.
The revelation has raised
serious questions over planning and utilisation of public funds, especially
after Surat International Airport underwent a major modernisation project worth
Rs 353 crore, including Rs 150 crore spent on expanding aircraft infrastructure.
Documents obtained under
the Right to Information (RTI) Act show that the airport has 17 parking bays in
total 13 compatible for Code-C aircraft and four meant for smaller aircraft.
However, internal Airports Authority of India (AAI) records indicate that all
10 night-parking bays earmarked for overnight use were allotted to
non-scheduled operators, leaving no space for scheduled airlines such as
IndiGo, Air India Express and Star Air.
The issue persists despite
the construction of 18 new parking bays and a parallel taxi track as part of a
major airside infrastructure upgrade aimed at boosting flight operations and
aircraft movement. Of these 18 bays, five are yet to be operationalised.
Airport sources said that
among the 10 allotted night-parking bays, three were given to Ventura
Airconnect, while one each was allotted to Shreeji Aviation, Rajhans Infracon,
Ishwer Dholakia, Steamhouse, KPAI Afrotech, Global Vectra Helicorp and Dharma Nandan
Diamond.
Rajesh Modi, a long-time
tracker of airport development, said, "This reflects serious
mismanagement. There is no space for scheduled airlines that drive passenger
traffic and regional connectivity. The airport now has permanent 24×7
operations, yet scheduled airlines are being asked to wait. This defeats the
purpose of night and early morning operations and raises concerns about how
capacity planning is being done."
However, airport
authorities maintained that night-parking facilities would be made available
once early morning and late-night flights begin operations.
"According to rules,
night parking is available to any operator scheduled or non-scheduled between
10 pm and 6 am. However, we always prioritise scheduled flights. We will shift
Ventura aircraft to their hangars, which will free three bays. Soon, five more
parking bays for bigger aircraft will also be operationalised as they are in
the final phase," an airport official said.
Northeast News: Shillong: Friday, 6Th February
2026.
A Meghalaya RTI activist
has raised serious questions over the appointment of seven Officers on Special
Duty (OSDs) in the Chief Minister’s Office (CMO), alleging a lack of
transparency and favouritism in their selection, as well as the use of public
funds for their salaries and allowances.
Manbhalang Phankon, an RTI
activist from Madanrting, claimed that information obtained through the Right
to Information (RTI) Act shows that seven contractual OSDs were personally
appointed and attached directly to Chief Minister Conrad K. Sangma without any
open recruitment process, competitive examination or public advertisement.
According to the RTI
replies, each of the seven OSDs receives a monthly salary of Rs 1 lakh. The
state exchequer has spent Rs 1,68,12,785 on their salaries since 2019.
The RTI documents also
revealed that three of the OSDs alone claimed travel allowances (TA) amounting to
Rs 1,49,93,374 during the same period, a figure that is nearly equal to the
total salary expenditure on all seven appointees.
Phankon said, “The CMO is
already staffed with senior IAS, MCS, IPS and MPS officers, as well as consultants,
and questioned the need for additional OSDs on high pay when many educated
youths in the state remain unemployed.
“This money could have
been used to create genuine employment opportunities instead of benefiting a select
few,” he said.
He alleged that the
appointments lacked transparency and merit, and said this was in contrast to
the Centre, where OSDs are usually senior civil servants on deputation and
selected through proper procedures.
“These salaries and
allowances are paid from public funds. If these positions require special
expertise, they should be filled through proper recruitment channels and boards
like other government posts,” Phankon said.
He said he had made the
information public to allow citizens to judge the matter for themselves. “As an
RTI activist, I am placing the facts before the people and leaving it to them
to judge,” Phankon said.
Divya Bhaskar: Ahmedabad Friday, 6Th February
2026.
RTIનાં હેઠળ નાગરિકોના અધિકારોનું રક્ષણ કરતા ચુકાદામાં
ગુજરાત માહિતી આયોગ દ્વારા ગાંધીનગર સ્થિત પ્રાથમિક શિક્ષણ નિયામક કચેરીના જાહેર
માહિતી અધિકારીને કાયદાકીય જોગવાઈઓના ઉલ્લંઘન બદલ રૂ. 7000નો રોકડ દંડ ફટકારવામાં આવ્યો હતો.
આ અંગે સાવરકુંડલાના
વકીલ દીપેશભાઈ જોશી દ્વારા માહિતી મેળવવા માટે અરજી કરવામાં આવી હતી. આ અરજી જે-તે
કચેરીને સંબંધિત ન હોવા છતાં, RTI એક્ટની
કલમ મુજબ તેને 5 દિવસની અંદર સંબંધિત વિભાગમાં
તબદીલ કરવાની જવાબદારી જાહેર માહિતી અધિકારીની હતી.
જોકે, જાહેર માહિતી અધિકારી આર. એન. અસારી દ્વારા આ અરજી તબદીલ
કરવામાં 28 દિવસનો ગુનાહિત વિલંબ કરવામાં
આવ્યો હતો. આ મામલે થયેલી ફરિયાદની સુનાવણી દરમિયાન રાજ્ય માહિતી કમિશનર વિપુલ
રાવલે નોંધ્યું હતું કે, અરજી તબદીલ કરવાની
સંપૂર્ણ જવાબદારી જે-તે અધિકારીની હોય છે અને રજીસ્ટ્રી શાખાના વિલંબનું કારણ
સંતોષકારક ગણી શકાય નહીં.
આયોગે સ્પષ્ટ કર્યું કે
માહિતી આપવામાં કે અરજી ટ્રાન્સફર કરવામાં વિલંબ એ કાયદાનો ભંગ છે. માહિતી અધિકાર
અધિનિયમની કલમ હેઠળ મળેલી સત્તાનો ઉપયોગ કરીને, આયોગે
28 દિવસના વિલંબ બદલ પ્રતિ દિન 250 લેખે કુલ રૂ. 7000નો દંડ ફટકારવામાં આવ્યો
છે.
હુકમ મુજબ દંડની રકમ
અધિકારીએ પોતાના અંગત ભંડોળ અથવા પગારમાંથી ભરવાની રહેશે. આ રકમ 1 માસની અંદર સરકારી તિજોરીમાં જમા કરાવી તેની પહોંચ આયોગને
મોકલવા હુકમ કરાયો હતો.
East Mojo: Senapati: Friday, 6Th February 2026.
The RTI application was
submitted to the Deputy Commissioner of Senapati on Tuesday, seeking
comprehensive information regarding the allocation, release and utilisation of
relief funds meant for flood-affected families in the district.
Team Youth Rise for Change
(YR4C), a youth-led voluntary movement advocating for the rights and welfare of
people in Senapati district, has filed an application under the Right to
Information (RTI) Act, 2005 seeking details on flood relief funds sanctioned
and disbursed following the devastating floods of 2024 and 2025.
The RTI application was
submitted to the Deputy Commissioner of Senapati on Tuesday, seeking
comprehensive information regarding the allocation, release and utilisation of
relief funds meant for flood-affected families in the district.
According to YR4C members,
thousands of families residing along the banks of the Senapati River were
severely affected during the floods, suffering extensive damage to homes, loss
of property, domestic animals and important personal documents. The organisation
stated that it has received numerous grievances from affected families over the
past several months, alleging that they had not received relief support despite
submitting applications to the district administration.
YR4C said that during
field visits and interactions with flood victims, several households reported
receiving no response from authorities even after repeated appeals for
assistance.
In its RTI application,
the organisation has sought details on the total funds sanctioned by the
Manipur State Government under the Disaster Management Department for flood
victims in Senapati district during 2024 and 2025, details of the release and
utilisation of relief funds, the complete list of beneficiaries, bank account
transaction details related to relief disbursement, flood inspection and damage
assessment reports, and other related official records.
The organisation stated
that the RTI move aims to ensure transparency and accountability in the
utilisation of public funds meant for disaster-affected families. YR4C
expressed hope that the Deputy Commissioner’s office would provide the
requested information within the stipulated time frame under the RTI Act.
YR4C further stated that
it may consider pursuing additional legal measures, including filing a Public
Interest Litigation (PIL), if necessary, to ensure justice for affected
communities.
The group also appealed to
residents of Senapati district to remain vigilant against the misuse of public
funds, stating that transparency and civic participation are essential for
equitable development across both urban and rural areas of the district.
The Hindu: Bengaluru: Friday, 6Th February 2026.
The Karnataka Information
Commission (KIC) has claimed to be the fastest in the country in disposing of
second appeal petitions and has cleared 36,474 appeals in the last one year
along with recommendations for fines and disciplinary action against officers
who did not provide information.
“The State government had
appointed eight Information Commissioners to KIC on February 4, 2025. From 2023
to February 2025, only three Commissioners were working. Due to this, the
disposal of petitions was slow. However, the disposal of second appeal petitions
has gained momentum in the past one year,” the KIC said in a statement on
Thursday.
“In February 2025, a total
of 69,471 petitions were pending for hearing, including the newly filed
petitions. The Commission has disposed of 36,474 petitions in the past one year
and only 32,997 second appeal petitions are pending disposal,” the statement
said.
“The speedy disposal of
petitions is due to the training workshop on the Right to Information (RTI)
Act, 2005, conducted by the Commission for Public Information Officers (PIOs)
and First Appellate Authorities at the district level. Such workshops have been
held in 23 districts so far. This has increased the number of PIOs providing
information and attending the hearings of the Commission,” KIC added.
Further the KIC said it
had declared the Karnataka Milk Federation and the Electronic City Industrial
Township Authority (ELCITA), which had not provided information under RTI Act,
2005 earlier, as public authorities.
Public Information
Officers who do not provide information within the stipulated period and who do
not appear before the Commission for hearing were being fined. The maximum fine
is ₹25,000. The law also provides for compensation to the applicant along with
the fine. The Commission has imposed a fine of ₹45.29 lakh on 245 officers in a
period of one year. “Failure to pay the fine will make it difficult to get
retirement benefits,” it warned.
Recommendations
The Commission has
recommended that RTI should be included as a subject in all recruitment and
examinations related to the promotion of officers, school and college
textbooks. It also suggested that the disposal of RTI applications be discussed
as a subject in district and taluk level Karnataka Development Programme
meetings.
National conference
The Commission intends to
hold a national conference to work towards a more effective implementation of
the Right to Information Act, 2005. The Commission will consult the Chief
Minister and take a decision in this regard, the Commission added.
The Week: New Delhi: Thursday, 5Th February
2026.
Review-meeting minutes and
detailed project reports related to the National Mission for Sustaining the
Himalayan Ecosystem (NMSHE) can be withheld under the RTI Act, the Central
Information Commission (CIC) has said while upholding the Department of Science
and Technology's (DST) denial of such information on the ground of strategic,
scientific and intellectual property concerns.
In its submissions, the
DST said the NMSHE is "one of the key missions" implemented by it
under the National Action Plan on Climate Change (NAPCC), a national policy
framework that "is reviewed by the highest authority, the Prime Minister's
Council on Climate Change (PMCCC), which is chaired by the Prime Minister of
India".
The department told the
commission that the NMSHE supports research-and-development initiatives related
to climate-change science and adaptation for the Himalayan ecosystem, which are
"important not only from research perspective but also from India's
strategical point of view".
It said the progress of
activities under the mission is reviewed by a National Expert Committee, but
the minutes of such meetings are not placed in the public domain as they
"include policy discussions and interventions along with details of
research endeavours which contain third-party information".
From the applicant's side,
it was argued during the hearing that the information sought was not furnished
and was essential for academic research. The appellant submitted that the
material relating to the "NMSHE Year Wise Projects CCP-SPLICE Division
should be placed in public domain for the general public".
On the denial of detailed
project reports, the DST said these documents contain research and development
data carrying intellectual property rights and are exempt under provisions
relating to "information including commercial confidence, trade secrets or
intellectual property, the disclosure of which would harm the competitive
position of a third party".
The CIC, after hearing
both sides, said the department had adequately dealt with the RTI queries and
that "in the given circumstances, intervention of the commission is not
warranted under RTI Act", and disposed of the appeal.
(This story has not been
edited by THE WEEK and is auto-generated from PTI)
ETV Bharat: New Delhi: Thursday, 5Th February
2026.
The court was hearing a
PIL seeking the uploading of the MCD's all public information on its website.
The Delhi High Court on
Wednesday pulled up the Municipal Corporation of Delhi (MCD) for its failure to
publicise information on its legislative records, proceedings of the house and
resolutions even after 20 years of the enactment of the RTI Act. A bench of
Chief Justice D K Upadhyaya and Justice Tejas Karia observed that section 4 of
the Right to Information (RTI) Act casts a mandate on the public authorities to
publicise such information on their own so that there was minimum resort to the
procedure under the RTI Act, and MCD could not be given any exemption in this
regard.
The court was hearing a
PIL by NGO Centre for Youth, Culture, Law and Environment seeking uploading of
the MCD's legislative records, proceedings of the house, resolutions passed by
the standing committees and all other public information on its website in a
time-bound manner.
Counsel for the MCD
assured the court that corrective measures would be undertaken by the
authorities, as the issue of uploading such information was under the
consideration of the competent authority. He said the "process" to
upload the information was "underway at the corporation level", but
the same would take some time.
"Thanks to you for
undertaking this exercise after 20 years. We are so thankful," retorted
the bench.
"(And) What process?
You are required to upload this information within 120 days and then on a
regular interval. What have you been doing? This Act (RTI Act) was passed in
2005. It is 20 years down the line," the bench further said.
The court directed the MCD
to file an affidavit in response to the petition and state what steps had been
taken to implement section 4 of the RTI Act for providing information to the
public by publishing it.
"The purpose of
mandating public authorities under section 4 of the Act is apparent - that by
publishing such information, the public will have minimum resort to the use of
the Act as the information shall be provided suo motu by the public authorities.
No exception in this regard can be granted to any authority, including the
MCD," the court observed.
The petitioner told the
court that in response to an RTI application, the MCD has stated that no such
record had been updated on its website till now, since the work to
"update" its website is going on after the unification of the three
erstwhile municipal bodies.
The court was further
informed that in the reply, MCD took a stand that there were no rules or
guidelines that governed the publication of its resolutions on its official
website, as it was governed by Section 86 of the Delhi Municipal Corporation
(DMC) Act. The court stated that section 86 had nothing to do with the
dissemination of information and particulars to the public.
"Accordingly, it is
apparent that the statutory mandate and the duty cast on the MCD by Section 4
of the RTI Act have yet not been followed even after lapse of 20 years,"
the court said. The court said it had only formed a prima facie opinion at this
stage and listed the matter for further hearing in April.
The petitioner said the
issue concerned millions of people residing in Delhi. "If they are so sure
of the budget, why can't they upload the budget for the upcoming year on the
website?" he asked. The court said the budget would be uploaded only once
it was passed by the house, and added, "we should achieve what is legally
permissible and possible".
Times of India: Ludhiana: Thursday, 5Th
February 2026.
The Punjab State
Information Commission has taken the rare step of issuing a bailable warrant
against a senior municipal corporation (MC) official following a series of
missed hearings in a Right to Information (RTI) appeal.
The warrant was issued
against Kuljit Singh Mangat, who serves as the public information officer
(PIO)-cum-assistant town planner (ATP) for the MC's building branch (Zone D).
The decision comes after the official reportedly ignored multiple summons and a
formal show-cause notice.
A Pattern of
Non-Compliance
State information
commissioner Harpreet Singh Sandhu has said the case stems from an appeal filed
by Jasvir Singh of Guru Nanak Nagar, and the PIO's absence has stalled the
legal process for months. Four consecutive hearings were missed. A show-cause
notice issued previously to the official also went unaddressed. Under the RTI
Act, the commission has the authority to compel attendance through police
intervention if an officer fails to discharge their duty to provide
information.
Police Intervention
Mandated
In a significant move to
ensure accountability, the commission has directed the Ludhiana police
commissioner to personally ensure the warrant is served. "The commissioner
has been ordered to not only serve a copy of these warrants on Kuljit Singh Mangat
but also provide strict instructions for him to appear before the commission on
the next scheduled date," commissioner Sandhu stated.
The official is now
legally required to present himself before the PSIC on March 11. Failure to
appear could result in further disciplinary action or financial penalties as
prescribed under the Right to Information Act. The RTI Act mandates that PIOs
provide requested data within 30 days. Continuous delays or refusal to attend
hearings is viewed by the commission as a significant obstruction of a
citizen's fundamental right to information.
Times of India: New Delhi: Thursday, 5Th
February 2026.
Reminding Municipal
Corporation of Delhi that it is 20 years since RTI Act has been enforced, Delhi
High Court on Wednesday questioned why MCD had failed to proactively
disseminate information relating to its legislative records, proceedings of the
house and resolutions online.
A bench of Chief Justice
DK Upadhyaya and Justice Tejas Karia underlined that Section 4 of Right to
Information Act made it compulsory for authorities to act. "The purpose of
mandating pu-blic authorities... is apparent that by publishing such
information, the public will have minimum resort to the use of the Act, as the
information shall be provided suo motu by the public authorities. No exception
in this regard can be granted to any authority, including MCD," the court
observed.
"You want to know the
consequences of not adhering to the Act? We will tell you the
consequences," the bench warned the civic body while hearing a public
interest litigation by NGO Cen-tre for Youth, Culture, Law and Environment,
seeking the uploading of MCD's legislative records, proceedings of the House,
resolutions pas-sed by the standing committees and all other public information
on its website in a time-bound manner.
Appearing for MCD,
standing counsel Tushar Sannu assured the court that corrective measures would
be undertaken by the authorities as the "process" to upload the
information was "underway at the corporation level", but it would
take some time.
"Thanks to you for
undertaking this exercise after 20 years. We are so thankful," retorted
the bench. "What process? You are required to upload this information
within 120 days and then at regular intervals. What were you doing? This Act was
passed in 2005. It is 20 years down the line," the bench pointed out.
It directed MCD to file an
affidavit in response to the petition and state what steps were taken to
implement the Act for providing information to the public by publishing it.
The petitioner told the
court that, in response to an RTI application, MCD stated that no such record
was updated on its website till now since the work to "update" its
website was going on after the unification of the three erstwhile municipal
bodies.
MCD took a stand that
there were no rules or guidelines that governed the publication of its
resolutions on its official website as it was governed by Section 86 of Delhi
Municipal Corporation Act, the plea told the court. The bench, however,
stressed that Section 86 had nothi-ng to do with the dissemination of
information and particulars to the public.
The court said it formed
only a prima facie opinion at this stage and listed the matter in April. The
petitioner said the issue concerned millions of people residing in Delhi.
The Week: New Delhi: Wednesday, 4th February
2026.
A file that was stated to
be "not traceable" by the MCD in response to an RTI request
"mysteriously" became available when the matter came before the
Central Information Commission, prompting an amused CIC to question what had
triggered the 'Eureka!' moment for the civic body.
The case relates to the
information sought on records linked to a hospital layout approval in the Model
Town area. Initially, the Town Planning Department of the Municipal Corporation
of Delhi (MCD) told the applicant that the file was "not available"
and "not traceable". The same position was reiterated during the
first appeal.
However, when the matter
reached the Central Information Commission (CIC), parts of the information
unexpectedly surfaced.
Taking note of this
backpedalling, Information Commissioner Vinod Kumar Tiwari questioned how the
file in question became "mysteriously" available after the CIC
hearing notice, when two replies furnished by the record-keeper of the safe
office earlier had said it could not be produced.
"Commission cannot
lose sight of this diametrically opposite stand, particularly when the
'Eureka!' moment happened and what triggered it," he said.
The CIC was critical of
the manner in which the request was handled, observing that "merely
stating that a file is not traceable does not absolve the public information
officer (PIO) of his statutory responsibilities" under the RTI framework.
It also expressed concern
that official replies did not even carry basic details such as the name and
contact information of the PIO, noting that such omissions were "contrary
to the spirit of the RTI Act" and basic administrative transparency.
The Commission further
observed that issuing internal search memos, instead of formally pursuing the
information and keeping the applicant informed, appeared to have the effect of
"keeping the appellant in the dark as to what all is transpiring inside
the office".
In unusually strong
remarks, the CIC said there was "clearly an attempt to evade disclosure of
information" and cautioned that it would be a miscarriage of the RTI law
if authorities could conveniently claim that records were missing, only to produce
them later when scrutiny increased.
The CIC, in an order
issued on Monday, directed the MCD to provide a fresh, point-wise and complete
reply to the applicant within four weeks and issued a show-cause notice to the
PIO, asking him to explain why penalty action should not be initiated.
(This story has not been
edited by THE WEEK and is auto-generated from PTI)
The Indian Express: Article: Wednesday, 4th
February 2026.
Introduced in 2005, the
Act has seen several amendments in the past 20 yrs, which are alleged to have
weakened it. Economic Survey’s latest proposed changes will be “murder” of the
landmark law, says Congress
Twenty years after the
Right to Information Act was introduced, the Economic Survey 2025-26 has called
for its re-examination. Tabled in Parliament last week, the survey suggested
“adjustments” to exempt disclosures on deliberative process of policy-making
and possibly a ministerial veto with parliamentary oversight to guard against
disclosures that could “unduly constrain governance”.
The legislation, the
survey said, carries risks of becoming an “end in itself”, with disclosures
celebrated regardless of contribution to better governance, and said the Act
was never intended “as a tool for idle curiosity,” nor as a mechanism to
micromanage government from the outside.
Congress president
Mallikarjuna Kharge called it a plan to “murder” the UPA-era law after its
“systematic weakening” since 2014.
A look at the evolution of
the Act, which was hailed as a transformative tool for democratic
accountability when introduced in 2005:
The making of the RTI Act
The RTI Act in India
emerged from grassroots struggles dating back to the 1970s. In 1997, in
response to a demand for such legislation, the H D Deve Gowda-led United Front
government set up a working group to prepare a Freedom of Information Bill.
After extensive changes, this led to the passage of the Freedom of Information
Act of 2002.
In 2004, the Manmohan
Singh-led UPA government came to power. One of the crucial components of this
government was the National Advisory Council (NAC), led by Sonia Gandhi, which
made right to information one of its primary goals. Alongside civil society
organisations, the NAC deliberated several revisions of the 2002 law, resulting
in a more robust framework.
In 2005, the UPA
government brought in the RTI Bill. During the debate in Parliament, Prime
Minister Manmohan Singh described its passage as “the dawn of a new era in our
processes of governance… an era which will bring the common man’s concern to
the heart of all processes of governance”.
The final RTI Act was
passed with 150 amendments to the Freedom of Information Act, and officially
came into force on October 12, 2005, applying across all levels of government,
including local bodies. “The information which cannot be denied to Parliament
or a State Legislature shall not be denied to any person”, the Act held.
Around 20 years later,
roughly 40 to 60 lakh RTI applications are filed on an average annually, from
Central offices to grassroots levels.
The changes since
In 2006, still under the
UPA government, there were attempts to amend the RTI Act by removing “file
notings (internal notes by government officials on files)”. While these changes
could not materialise due to public protests, the UPA government continued to
have internal reservations.
In 2011, on the sixth
anniversary of the Act, PM Manmohan Singh expressed his concern that RTI
queries with “no bearing on public interest” were being filed. A year later, he
spoke of the Act’s “frivolous and vexatious” use.
The Second Administrative
Reforms Commission, in its report submitted around this time, recommended
exempting the armed forces from the RTI Act. By then, the UPA had already
exempted the CBI from its purview. Then Law Minister M Veerappa Moily approved
the exemption to the CBI despite the fact that as chairman of the Second
Administrative Reforms Commission, he had written a special chapter on RTI,
terming it ‘Master Key to Good Governance’.
Early attempts to amend
the Act, however, were thwarted not just by activists but also then Opposition
parties, including the BJP.
In October 2015, PM
Narendra Modi, who had taken over a year earlier as head of the NDA government,
hailed the RTI Act at an annual conference of the Central Information
Commission, urging citizens to not only access documents but also “ask
questions and demand accountability from public authorities”. This right forms
“the very foundation of democracy”, he said.
However, in 2019, the Modi
government brought in amendments altering the terms, tenure, and emoluments of
the Chief Information Commissioner (CIC) and Information Commissioners (ICs),
which was seen as weakening the structure of the RTI.
The original Act placed
the CICs and ICs on parity with equivalent ranks in the Election Commission of
India meaning a fixed tenure of five years, with removal possible only under
specific conditions. The 2019 amendment, however, removed equivalence with the
EC, and gave the government control over the tenure, emoluments and terms of
appointment of CIC and ICs.
In 2023, the NDA
government brought in the Digital Personal Data Protection Act (DPDP Act),
dealing with personal information. The RTI Act had held that personal
information could be disclosed if larger public interest justified it, despite
potential privacy invasion. However, the new Act exempted disclosure of
information relating to “personal information” more broadly.
Civil rights organisations
protested against this “dilution” of the RTI Act.
Why the worry
The Economic Survey’s
remarks come at a time when the RTI Act is increasingly seen as under siege.
The Act defines “information” expansively to include any material in any form –
records, documents, emails, opinions, reports, data in electronic form, and
even information held by private bodies accessible under other laws. Despite
this broad scope, obtaining disclosures has grown difficult, as noted by
various activists.
One example of how the Act
remains unenforced is the CIC’s June 2013 order declaring six national
political parties (Congress, BJP, CPI (M), CPI, NCP, BSP) as “public
authorities” under the Act. Neither the BJP nor the Congress has complied with
this, failing to appoint Public Information Officers or respond to requests.
As per an October 2025
appraisal report of information commissions by Satark Nagrik Sangathan, till
June 30 last year, 4.13 lakh appeals and complaints were pending before 29
information commissions.
What Economic Survey has
said
The Economic Survey
suggests 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. It also suggests
exploring a “narrowly defined” ministerial veto to guard against disclosures
that could “unduly constrain governance”.
The survey also draws
parallels between the RTI Act and similar laws in the US, UK and Sweden, and
argues that unlike the Indian Act, internal personnel rules, inter-agency
memos, and financial regulations are exempt from disclosures internationally.
If every draft or remark is disclosed, officials may “hold back”, leading to
fewer “bold ideas”, the survey says. “Democracy best functions when officials
can deliberate freely and are then held accountable… not for every half-formed
thought expressed along the way.”
Transparency campaigner
Anjali Bharadwaj, co-convenor of the National Campaign for People’s Right to
Information, has questioned this, saying issues flagged over impact on
officials are not borne out by evidence, and that the Act already has a robust
mechanism on exempting certain disclosures.
(Shyamlal Yadav is one of
the pioneers of the effective use of RTI for investigative reporting. He is a
member of the Investigative Team. His reporting on polluted rivers, foreign
travel of public servants, MPs appointing relatives as assistants, fake journals,
LIC’s lapsed policies, Honorary doctorates conferred to politicians and
officials, Bank officials putting their own money into Jan Dhan accounts and
more has made a huge impact. He is member of the International Consortium of
Investigative Journalists (ICIJ). He has been part of global investigations
like Paradise Papers, Fincen Files, Pandora Papers, Uber Files and Hidden
Treasures. After his investigation in March 2023 the Metropolitan Museum of
Art, New York returned 16 antiquities to India. Besides investigative work, he
keeps writing on social and political issues.)
Law Chakra: Uttar Pradesh: Wednesday, 4th
February 2026.
The Uttar Pradesh State
Information Commission ruled that a son-in-law cannot seek personal details of
his father-in-law under the RTI Act. The Commission held RTI cannot be misused
to invade privacy or collect material for private disputes.
The Uttar Pradesh State
Information Commission has determined that a son-in-law is not entitled to
access personal information about his father-in-law such as salary, loans, and
assets under the RTI Act.
State Information
Commissioner Mohammed Nadeem, in an order dated January 7, stated,
“The objective of the RTI
Act is not to gather evidence for private lawsuits, nor does this law permit
unwarranted interference in a person’s privacy.”
The case involves Kulwant
Singh, who requested details regarding his father-in-law, Rishipal Singh, a
retired revenue inspector, to use the information in a dowry case initiated by
his wife. Kulwant filed his RTI application on July 27, 2025, with the Tehsildar
of Najibabad in Bijnor district, seeking financial information about his
father-in-law up until his retirement on January 1, 2015.
After not receiving the
requested information, Kulwant appealed to the State Information Commission,
asking for the Public Information Officer to be directed to provide the
details. Reports indicate that Kulwant was accused by his wife of demanding a
dowry of Rs 26 lakh, prompting him to seek information on his father-in-law’s
financial status, including salary, GPF (General Provident Fund), loans,
advances, and details of his movable and immovable properties.
Kulwant argued that since
the individual in question is not an outsider but his father-in-law, the
requested information was essential for the dowry-related case to ascertain
whether the alleged dowry of Rs 26 lakh could have been realistically offered given
his father-in-law’s finances.
In addressing the case,
Commissioner Mohammad Nadeem noted that the Supreme Court has clarified in
various rulings that salary details, income tax records, provident fund
information, loans, family details, and property-related information are
categorized as personal data that are generally not disclosed under the RTI
Act.
The bench stated,
“Therefore, the Commission
is of the opinion that the argument of being a son-in-law or seeking
information for use in a lawsuit cannot be considered a larger public interest
under the RTI Act,”
It further emphasized
that,
“the objective of the RTI
Act is not to gather evidence for private lawsuits, nor does this law permit
unwarranted interference in a person’s privacy.”
The bench advised that if
Kulwant feels it is necessary to obtain such information for his defense, the
proper course would be to pursue it in the court where his case is ongoing. He
can procure this information through legal avenues, and if deemed necessary,
the court may instruct the relevant department to provide it.
Ultimately, the bench
found that ordering this information at their level did not align with the
principles of the Right to Information Act, leading to the dismissal of the
appeal.