Gujarat Government Departments Defy Supreme Court Mandate on RTI Transparency
In a significant breach of transparency protocols, eleven out of twenty-seven state government departments in Gujarat have failed to submit proactive disclosure (PAD) certificates, despite a Supreme Court order and multiple circulars from the state's General Administration Department (GAD). This non-compliance undermines the fundamental principles of the Right to Information (RTI) Act, which mandates that government bodies proactively disclose basic departmental details to reduce the need for formal RTI applications.
Widespread Non-Compliance Across Public Authorities
Information obtained through the RTI Act reveals an alarming trend of neglect. Out of 11,883 public authorities in Gujarat, a mere 75—less than one percent—have provided PAD certificates as required. This widespread failure indicates systemic issues in implementing transparency measures designed to empower citizens with easy access to government information.
GAD Circulars and Supreme Court Directives Ignored
According to a GAD circular dated July 17, 2019, heads of all districts, civic bodies, boards, and corporations must provide PAD certificates to their respective departments, which in turn must submit them to the GAD. The Supreme Court has further emphasized that information commissions are expected to ensure these certificates are submitted. However, the Gujarat Information Commission (GIC) has not held the GAD accountable in its orders, according to transparency advocates.
RTI Applicant Exposes Gaps in Implementation
RTI applicant Alpesh Bhavsar highlighted the procedural failures after filing multiple appeals to obtain data. "We had to file two appeals after making an RTI application for this data, and information was provided only after the second appeal made in the commission," Bhavsar stated. He noted that the GAD, which has issued 17 circulars on PAD implementation and is responsible for monitoring compliance, has not updated its own PAD certificate.
Bhavsar further pointed out that only 16 departments have updated their PADs, while the GAD lacks information on the remaining 11. "Section 4(1)(b) of the RTI Act, which deals with proactive disclosures, and circulars of the Union DoPT ministry are being violated in a big way in Gujarat," he claimed.
Advocates Criticize Lack of Accountability
Pankti Jog, convener of Mahiti Adhikar Pahel Gujarat (MAPG), expressed disappointment over the GIC's inaction. "In this background, it was expected that the Gujarat information commission should have directed the GAD to ensure implementation of the circular. It is disappointing that GIC has not made GAD accountable in its order," she said. Jog emphasized that proactive disclosures are the heart of the RTI Act and lamented the inadequate steps taken to enforce compliance.
Implications for Government Transparency
The failure to submit PAD certificates not only violates legal mandates but also hampers public access to essential information. Proactive disclosures are intended to streamline information dissemination, reducing bureaucratic delays and fostering a culture of openness. The current scenario in Gujarat raises concerns about the effectiveness of oversight mechanisms and the commitment to transparency at various levels of governance.
As citizens increasingly rely on the RTI Act to hold authorities accountable, the non-compliance highlighted in this case underscores the need for stronger enforcement and regular audits to ensure that government departments adhere to transparency norms. The situation calls for immediate corrective action to align with both state directives and national legal frameworks.
