ETV Bharat: Srinagar: Tuesday, 4th August 2026.
Repealing J&K's 2009 RTI Act weakened transparency and accountability, causing delays in appeals, with activists urging a local Central Information Commission bench for faster redressal.
Among the many laws
repealed after the abrogation of Article 370 and the downgrading of Jammu and
Kashmir into a union territory was the Right to Information (RTI) Act of 2009,
enacted after years of struggle by civil society groups.
The central government replaced it with the RTI Act of 2005. However, RTI activists and applicants argue that seeking information under the central act has allegedly weakened government accountability and caused “delays in appeal hearings” at the Central Information Commission (CIC) in New Delhi.
Under the 2009 Act, Jammu and Kashmir had its own State Information Commission (SIC) that would hear second appeals and petitions about denial or delayed reply to RTIs within a time limit of 60 to 120 days for, but the central act has no deadline for disposing of applications and appeals.
Jammu-based RT activist, Raman Sharma said that repealing the Jammu and Kashmir’s RTI Act weakened the process of seeking information and accountability of the government officials. He said that while Public Information Officers (PIOs) delay replies to RTIs, the hearing of second appeals in the CIC takes months or years for disposal.
“The officers would appear physically before the State Information Commission under the JK RTI Act. Now, hearings take place through video conferences, which allow less space and time for counter arguments,” he said.
Under the RTI Act, an applicant can file a first appeal under Section 19(1) before the public information officers, but if the reply is not relevant or complete, the applicant files a second appeal before the CIC. “The CIC has to hear country-wide appeals. Our appeals from Jammu and Kashmir too take one year to two years to be heard. Till then the information sought becomes irrelevant, and also the applicants lose interest,” he said.
The weakening of RTI was even acknowledged by India's first Chief Information Commissioner, Wajahat Habibullah, last year who said that the central Right to Information Act, 2005 is somewhat weaker than the now-abolished J&K RTI Act, 2009. Habibullah was among the few former bureaucrats who played a key role in enactment and implementation of the RTI Act 2009 in Jammu and Kashmir.
Even though the elected government led by the chief minister launched an online RTI portal on January 10, 2025, applicant Gulzar Ahmad said yet it has not helped in timely response to the applications.
Ahmad, a resident of Budgam, said that the process of seeking information from authorities has become cumbersome. “First, officials do not give the information which is sought in an application. When we file the first appeal, it is heard by the PIO, but when the second appeal is filed before CIC to seek correct and relevant information hearings are held after years. This is weakening the relevance of the RTI in Jammu and Kashmir,” he said.
Chairperson of the J&K RTI Movement, Sheikh Ghulam Rasool, said that union territories do not have the power to establish and constitute Information Commissions per the Sections 12-17 of the Central RTI Act.
“For setting up its own commission, Jammu and Kashmir first needs restoration of statehood, then the state can have its own commission. Till Jammu and Kashmir is a UT, the central government can open a branch of the commission in Jammu and Kashmir for speedy redressal of the appeals,” he said.
Seconding him, Sharma said that if the central government wants to strengthen the governance and increase transparency in governance, it must open a CIC bench in Jammu and Kashmir on the analogy of the Central Administrative Tribunal (CAT).
Repealing J&K's 2009 RTI Act weakened transparency and accountability, causing delays in appeals, with activists urging a local Central Information Commission bench for faster redressal.
 |
Jammu and Kashmir Chief
Minister Omar Abdullah launching the RTI portal on Janaury 10,
2025. (File/ETV Bharat) |
The central government replaced it with the RTI Act of 2005. However, RTI activists and applicants argue that seeking information under the central act has allegedly weakened government accountability and caused “delays in appeal hearings” at the Central Information Commission (CIC) in New Delhi.
Under the 2009 Act, Jammu and Kashmir had its own State Information Commission (SIC) that would hear second appeals and petitions about denial or delayed reply to RTIs within a time limit of 60 to 120 days for, but the central act has no deadline for disposing of applications and appeals.
Jammu-based RT activist, Raman Sharma said that repealing the Jammu and Kashmir’s RTI Act weakened the process of seeking information and accountability of the government officials. He said that while Public Information Officers (PIOs) delay replies to RTIs, the hearing of second appeals in the CIC takes months or years for disposal.
“The officers would appear physically before the State Information Commission under the JK RTI Act. Now, hearings take place through video conferences, which allow less space and time for counter arguments,” he said.
Under the RTI Act, an applicant can file a first appeal under Section 19(1) before the public information officers, but if the reply is not relevant or complete, the applicant files a second appeal before the CIC. “The CIC has to hear country-wide appeals. Our appeals from Jammu and Kashmir too take one year to two years to be heard. Till then the information sought becomes irrelevant, and also the applicants lose interest,” he said.
The weakening of RTI was even acknowledged by India's first Chief Information Commissioner, Wajahat Habibullah, last year who said that the central Right to Information Act, 2005 is somewhat weaker than the now-abolished J&K RTI Act, 2009. Habibullah was among the few former bureaucrats who played a key role in enactment and implementation of the RTI Act 2009 in Jammu and Kashmir.
Even though the elected government led by the chief minister launched an online RTI portal on January 10, 2025, applicant Gulzar Ahmad said yet it has not helped in timely response to the applications.
Ahmad, a resident of Budgam, said that the process of seeking information from authorities has become cumbersome. “First, officials do not give the information which is sought in an application. When we file the first appeal, it is heard by the PIO, but when the second appeal is filed before CIC to seek correct and relevant information hearings are held after years. This is weakening the relevance of the RTI in Jammu and Kashmir,” he said.
Chairperson of the J&K RTI Movement, Sheikh Ghulam Rasool, said that union territories do not have the power to establish and constitute Information Commissions per the Sections 12-17 of the Central RTI Act.
“For setting up its own commission, Jammu and Kashmir first needs restoration of statehood, then the state can have its own commission. Till Jammu and Kashmir is a UT, the central government can open a branch of the commission in Jammu and Kashmir for speedy redressal of the appeals,” he said.
Seconding him, Sharma said that if the central government wants to strengthen the governance and increase transparency in governance, it must open a CIC bench in Jammu and Kashmir on the analogy of the Central Administrative Tribunal (CAT).
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