Don’t subvert RTI, by intent or neglect

The basic objective of the Right to Information (RTI) Act is to empower citizens to fight corruption and ensure that the government is acting in their interest by promoting transparency and accountability in the working of the government. But that very purpose stands defeated in Karnataka, with over 35,000 cases pending adjudication. To make matters worse, the government has failed to appoint a commissioner to the Belagavi bench of the state Information Commission for over a year, leading to a pile up of over 14,000 cases in that division alone. Another bench, which was set up in Kalaburagi to provide easy access to the people of Kalyana Karnataka, has been functioning from Bengaluru, instead, forcing the people of the region to travel all the way to the capital to file appeals and attend hearings. Cases come before these benches as appeals after an applicant seeking information has been denied it by departmental RTI officers. The information commissioner has the power to direct such officers to provide the information requested and to levy penalties or jail terms in case they defy such orders. The long pendency of appeals therefore defeats the purpose of RTI and encourages corrupt officials as they escape accountability. The government claims that the appointment of the Belagavi bench commissioner is in its final stages, but why was it delayed in the first place? In the case of Kalaburagi, the government says it could not find a suitable building to house the information commissioner’s office and hence the decision to locate it in Bengaluru. This is unacceptable.

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In delaying the appointment, the government is in contempt of the Supreme Court, which had held in 2019 and again in 2021 that states could face action for delay in filling such vacancies. In the case of Karnataka, the court had specifically taken note of the failure to provide staff and adequate infrastructure to the commission, something that remains unresolved to this day.

Now that a new government is in place, it should ensure that the post of the Belagavi bench commissioner is filled without delay. Similarly, there is no logic in the Kalaburagi bench functioning from Bengaluru. It should start functioning in the district headquarters immediately. In fact, the government should set up benches in other parts of the state, too, so that they are accessible, especially to the poor. The RTI Act was intended to be a powerful weapon in the hands of the common man to hold bureaucrats and politicians to account. Any act of omission or commission that weakens it directly or indirectly must be seen as an attempt to subvert the Right to Information.