Undermining the Right to Information: A Case Study in Sabotaging Transparency and Disobeying Supreme Court Mandates

The Right to Information (RTI) Act, 2005, stands as a cornerstone of Indian democracy, empowering citizens to seek accountability and transparency from public authorities. Yet, as a recent case before the Central Information Commission (CIC) reveals, the very mechanisms designed to ensure this transparency are, at times, systematically subverted, leading to a critical "loss to democracy." This particular case highlights how crucial information is allegedly hidden from an informed citizenry, and how even the custodians of the Act may contribute to this opacity.

The Supreme Court's Crucial Stance: The Namit Sharma Judgment

At the heart of this matter lies the Supreme Court's landmark judgment in Namit Sharma vs. Union of India (September 13, 2012). This judgment, as the appellant in this case rightly pointed out, raised profound observations about the RTI Act potentially becoming a "dead letter" and provided guidelines for strengthening the integrity of information commissions. Crucially, point number 7 of these guidelines suggested that First Appellate Authorities (FAAs) should preferably possess a law degree or have adequate legal knowledge and experience, recognizing their quasi-judicial functions. This ruling underscores the importance of qualified personnel in upholding the spirit of the RTI Act.

The RTI Application: A Quest for Accountability

An RTI application was filed with the Department of School Education and Literacy (DOSEL) seeking vital information on its compliance with the Namit Sharma judgment. Specifically, the applicant asked for:

  1. Whether the Department of School Education and Literacy, Government of India, has knowledge of this Supreme Court judgment.
  2. Details on how many FAAs have been appointed by the Department of School Education and Literacy and its subordinate offices/organizations in the last two years, and how many of them meet the criteria set by the Supreme Court's September 13, 2012 judgment.
  3. Details of FAAs working under the Department of School Education and Literacy and its subordinate organizations who possess a degree in law or relevant knowledge/experience.

A Chain of Alleged Non-Compliance and Sabotage

What transpired next, as per the appellant's account, paints a concerning picture of how critical information can be derailed:

  • Illegal Invocation of Section 6(3) by DOSEL: Instead of addressing the RTI application directly, the Nodal CPIO of the RTI Cell of DOSEL allegedly made an "illegal invocation" of Section 6(3) of the RTI Act. This section mandates a Public Authority to transfer an application if the information is held by another public authority. However, in this instance, much of the information sought (especially regarding DOSEL's overall compliance and its own FAAs) pertained directly to DOSEL. This alleged misuse of Section 6(3) appears to be an attempt to offload responsibility.
  • KVS's Failure on a Transferred Application: The application was then transferred to Kendriya Vidyalaya Sangathan (KVS), a subordinate organization of DOSEL. Despite KVS being a "subordinate office/organization" and thus holding information about its own FAAs (which was part of the RTI query), the CPIO of KVS simply returned the application with the remark: "Not related to KVS Hence returned herewith." This action directly violated the RTI Act, as KVS, even if it believed parts were not relevant, should have provided the information it held and, for other parts, either re-transferred them to the correct authority (DOSEL, in this case) or informed the applicant diligently. Simply returning it without due diligence is a clear procedural lapse.
  • The CIC's Cryptic Decision and Omission: The matter escalated to the Central Information Commission (CIC) as Second Appeal No. CIC/KVSAN/A/2024/649932. The hearing for this appeal was held on July 24, 2025, and the decision was issued on July 29, 2025, by Information Commissioner Anandi Ramalingam. The CIC's decision is deeply problematic. While it noted the appellant's absence and the CPIO's (KVS) contention that the matter was "not related to KVS," it critically failed to:
    • Acknowledge the contentions of the First and Second Appeals: The decision is strikingly silent on the detailed arguments and grievances raised by the appellant concerning the procedural irregularities and the non-compliance with the Namit Sharma judgment. This "cryptic decision," ignoring core contentions, is a significant departure from the principles of natural justice and reasoned orders.
    • Address the Section 6(3) violations: The CIC, as the ultimate custodian of the RTI Act, should have scrutinized the improper transfer by DOSEL and the subsequent incorrect handling by KVS. Its failure to do so effectively condones the procedural lapses.
    • Mention the RTI Reference Number: Most damningly, according to the appellant, the CIC's decision deliberately omitted the original RTI reference number. This crucial omission prevents tracing the history of the application from its initial filing with DOSEL and the subsequent alleged "illegal transfer" to KVS. Such an omission raises strong suspicions of a deliberate attempt to conceal the chain of non-compliance and shield authorities from scrutiny.

The Loss to Democracy: When Custodians Look Away

This case exemplifies how the RTI Act, despite its robust framework, can be undermined by bureaucratic inertia, procedural missteps, and alleged deliberate omissions at higher appellate levels. When CPIOs misuse transfer provisions, when public authorities return legitimate requests, and when Information Commissioners issue decisions that fail to address key contentions or omit crucial identifying details, it results in:

  • Sabotage of Crucial Information: Information vital for understanding whether public authorities are adhering to Supreme Court directives is deliberately kept from the public.
  • Erosion of Public Trust: Citizens lose faith in the system designed to hold their government accountable.
  • Weakening of the Rule of Law: When judicial pronouncements and legal mandates are not enforced, it chips away at the foundation of democratic governance.
  • Hinderance to Informed Citizenry: An uninformed public cannot effectively participate in democracy, make sound decisions, or advocate for necessary reforms.

The very premise of an "informed citizenry" is shattered when legal frameworks are bypassed and vital data is obscured. For our mother nation to truly strengthen its democracy, it is imperative that all public authorities, and especially the Information Commissions, act diligently, transparently, and as true custodians of the Right to Information Act, ensuring that every citizen's quest for accountability is met with adherence to the law, not with a deliberate hiding of crucial information .

 

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