NEW DELHI, October 13, 2025 – As India’s groundbreaking Right to Information (RTI) Act, 2005, completes two decades of implementation this month, a comprehensive study has highlighted significant gaps in its functioning, revealing a transparency system under immense pressure. The law, once hailed as a cornerstone of democratic governance, is now reportedly crippled by administrative delays, high vacancies in oversight bodies, and legislative changes that have diluted its power.

Enacted in 2005 to empower citizens with access to information held by public authorities, the RTI Act was designed to foster openness, accountability, and good governance. Its impact has been profound, credited with exposing high-profile scams like the Adarsh Society, 2G spectrum, and Commonwealth Games scandals, and enhancing accountability in the use of public funds for schemes like MGNREGA. The first-ever RTI in the country was filed by Shahid Raza Burney in Pune.

However, the 20th anniversary finds the Act at a critical crossroads, facing an array of systemic challenges.

Key Challenges Hindering the Act

The study points to several critical issues undermining the RTI framework:

• Crippling Delays: The waiting time for resolving an appeal in most Information Commissions (ICs) now exceeds one year. The situation is dire in some states, with estimated delays reaching an alarming 23 years in Tripura and over 29 years in Telangana.

• Vacant Positions: Key oversight bodies are becoming non-functional. Between 2023 and 2024, six Information Commissions were completely defunct for varying periods due to the non-appointment of commissioners. Currently, the commissions in Jharkhand and Himachal Pradesh are defunct, while the Central Information Commission (CIC) and the commissions in Chhattisgarh and Andhra Pradesh are operating without a Chief Information Commissioner.

• Erosion via Legislation: Recent amendments have weakened the autonomy of Information Commissions. The Right to Information (Amendment) Act, 2019, gave the Central Government the authority to determine the tenure and salaries of commissioners, previously fixed at 5 years or until age 65 and pegged to that of Election Commissioners. Furthermore, the Digital Personal Data Protection (DPDP) Act, 2023, amended Section 8(1) of the RTI Act to exempt all personal information from disclosure, a move that critics argue shields public officials from scrutiny.

• Threats to Activists: Citizens using the Act to expose corruption often face harassment and violence. Despite the existence of the Whistleblower Protection Act, 2014, its weak implementation has left many activists vulnerable, with numerous reports of attacks and even killings.

The Original Mandate of the RTI Act

The RTI Act, 2005 applies to all levels of government—central, state, and local. Its core strength lies in provisions like Section 8(2), which permits the disclosure of sensitive information if the public interest outweighs the harm, and Section 22, which gives the Act overriding authority over other conflicting laws. While it includes exemptions for information that could harm India’s sovereignty, security, or international relations, its primary goal remains to ensure government transparency.

Path to Revival: Urgent Reforms Needed

To restore the efficacy of the RTI framework, experts and the study propose a multi-pronged approach:

1. Strengthen Information Commissions: Implement a transparent and time-bound process for appointing commissioners and provide the commissions with adequate staff and infrastructure to clear the massive backlog of cases.

2. Integrate Technology: Utilize AI chatbots to assist citizens in filing applications and blockchain technology to ensure the authenticity of disclosed data. Integrating RTI portals with services like DigiLocker could streamline access.

3. Enforce the Law Strictly: Ensure government departments adhere to the mandatory proactive disclosure norms under Section 4 of the Act. Imposing penalties on Public Information Officers (PIOs) for wrongful denials or delays is crucial.

4. Protect RTI Activists: Fully implement the Whistleblower Protection Act, 2014, with provisions for anonymous complaints and emergency safeguards. Fast-track courts should be established to handle cases of attacks on activists.

5. Restore Autonomy: The appointment process for commissioners should involve parliamentary oversight rather than being left to executive discretion to bolster the independence of the Information Commissions.

As the RTI Act enters its third decade, the consensus is clear: without immediate and decisive reforms to strengthen its foundations, one of Indian democracy’s most vital tools for holding power to account risks being rendered ineffective.