Indian Courts RTI Compliance: DPDP Act Weakens Information Access

• The 2024-25 Central Information Commission report highlights significant non-compliance by Indian courts with the Right to Information Act.
• The Delhi High Court recorded the highest rate of RTI application rejections among all public authorities, with the Supreme Court following closely.
• Courts frequently withhold information related to institutional probity and the conduct of judicial personnel, which is crucial for accountability.
• The Digital Personal Data Protection Act 2023 amended the RTI Act, allowing public authorities to deny 'personal information' requests without a public interest test.
• This amendment exacerbates existing concerns about the weakening of the RTI regime and judicial transparency in India.

The revised provision now permits the withholding of information classified as 'personal information' without the previous requirement to balance it against a broader public interest.

A recent analysis from the 2024-25 Annual Report by the Central Information Commission (CIC) has cast a spotlight on the compliance of Indian courts with the Right to Information (RTI) Act India. The report indicates a concerning trend where judicial bodies, despite frequently presiding over cases involving other government entities' failures to adhere to the RTI Act, are themselves falling short of its fundamental principles. This situation highlights a significant challenge to judicial transparency India.

Specifically, the report identifies the Delhi High Court as having the highest rate of rejection for RTI applications among all public authorities across the nation. Following closely, the Supreme Court also exhibits a notably high rate of denying information requests. These rejections frequently pertain to sensitive areas such as the institutional probity of the judiciary and the conduct of individual judicial personnel, information deemed critical for ensuring accountability within the legal system.

The landscape for information access in India has been further complicated by recent legislative changes, particularly the enactment of the Digital Personal Data Protection Act 2023. This new legislation introduced a significant amendment to Section 8(1)(j) of the Right to Information Act, fundamentally altering the grounds upon which public authorities, including courts, can deny information requests. The revised provision now permits the withholding of information classified as 'personal information' without the previous requirement to balance it against a broader public interest.

This legislative shift has intensified existing concerns regarding the progressive weakening of the RTI regime. Critics point to a range of issues, including prolonged delays in the appointment of information commissioners, a growing backlog of requests, and an increase in arbitrary rejections by various public authorities. The amendment under the Digital Personal Data Protection Act 2023 provides a new, potent tool for public bodies to refuse disclosure, potentially making Indian courts RTI compliance even more challenging to achieve.

The current state of affairs, characterized by high Delhi High Court RTI rejections and Supreme Court RTI applications facing similar fates, raises serious questions about accountability within the Indian judiciary. Information concerning the integrity of judicial institutions and the actions of those who serve within them is vital for maintaining public trust and ensuring that justice is administered fairly and transparently. When such information is routinely withheld, it impedes the public's ability to hold powerful institutions accountable.

The pattern of courts denying access to information related to their own functioning, especially when they are simultaneously adjudicating on the RTI compliance of other government bodies, creates a perceived double standard. This situation underscores the critical need for greater adherence to transparency principles by all public authorities, including the judiciary, to uphold the spirit of the Right to Information Act India and reinforce democratic accountability.

Lawyers and compliance officers should anticipate increased difficulty and higher rejection rates when filing Right to Information (RTI) requests concerning judicial bodies, particularly given the new 'personal information' exemption under the Digital Personal Data Protection Act, 2023. This necessitates a strategic approach to information gathering from courts and an awareness of the strengthened grounds for denial.

Source: Original reporting via Central Information Commission