The Government of the Union Territory of Jammu and Kashmir has issued a directive to all Central Public Information Officers (CPIOs) of various departments, corporations, boards, and public sector undertakings to register themselves and submit quarterly returns on the designated portal of the Central Information Commission by June 30, 2023. Failure to comply with this requirement will result in personal accountability for the respective CPIO.
It is important to recognise that information plays a vital role in democracy, and the Right to Information Act of 2005 aims to empower citizens. By granting individuals the right to access information, it enables them to actively participate in the governance process, voice their concerns, and contribute to the decision-making process. This empowerment enhances transparency and accountability in the functioning of public authorities. By providing access to information, it enables citizens to expose corrupt practices, irregularities, and misuse of power. The Act acts as a deterrent to corruption by promoting transparency and making public authorities more accountable for their actions. The CIC, along with the SIC, oversees the implementation of the Act. The Act seeks to ensure that public authorities adhere to the principles of transparency, accountability, and good governance.
The RTI Act, specifically Section 25, establishes checks and balances on officials through the requirement of submitting reports. These reports play a crucial role in monitoring and evaluating the implementation of the Act by public authorities. Section 25 mandates that each department collect and provide necessary information to the Central or State Information Commission, as applicable. This includes information on the number of requests made, decisions denying access, provisions of the Act used for such decisions, appeals filed, disciplinary actions taken, charges collected, and efforts to implement the Act. The CIC prepares an annual report on the implementation of the RTI Act. This report is based on the information provided by public authorities in their reports under Section 25. The annual report assesses the performance of public authorities and provides recommendations for improvement.
The failure of CPIOs to file quarterly and annual reports as required by the RTI Act can indeed undermine the effectiveness of the Act and defeat its purpose. These reports play a crucial role in monitoring the implementation of the Act, evaluating the performance of public authorities, and identifying areas for improvement. When CPIOs do not comply with the reporting requirements, it hampers the transparency and accountability that the RTI Act seeks to establish. By not filing reports, CPIOs create a lack of visibility and accountability regarding their handling of RTI requests. This can lead to a lack of transparency in the decision-making process, making it difficult to assess whether decisions are being made following the provisions of the Act. It also hinders the monitoring and evaluation of public authorities’ performance, preventing the identification of any systemic issues or areas where improvements are needed. Furthermore, the reporting requirements under Section 25 of the RTI Act serve as a mechanism for checks and balances for CPIOs and public authorities. By not fulfilling their obligation to file reports, CPIOs evade scrutiny and accountability for their actions. This dilutes the effectiveness of the Act in promoting transparency, citizen empowerment, and the eradication of corruption.
The reasons why many department CPIOs are avoiding reporting under Section 25 of the RTI Act can vary and would require further investigation and analysis. While it is difficult to attribute a specific motive to each case without concrete evidence, it is indeed a matter that warrants introspection and examination by the administration. Addressing these challenges requires a multi-faceted approach. It includes raising awareness among officials about the importance of Section 25, providing training on reporting procedures, streamlining administrative processes, allocating sufficient resources, and establishing accountability measures. Government bodies need to emphasise the significance of compliance with the RTI Act and encourage a culture of transparency and accountability within public authorities.
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