Paper: GS – II, Subject: Polity, Topic: Institutions, Issue: Right to Information Act Exemption.
Context:
The SHANTI Bill, 2025 modernises nuclear governance but Section 39 overrides the RTI Act, triggering concerns over reduced transparency and renewed debate on balancing national security with citizens’ right to information.
Key Provisions & Facts:
What Section 39 Says:
Section 39 of the SHANTI Bill grants the Central Government the power to classify certain information as “restricted.” This includes:
- Location, design, construction, operation of nuclear plants
- Prescribed substances and isotope separation
- Regulatory submissions and interactions
The section prohibits individuals from:
- Disclosing or obtaining restricted information.
- Disclosing information obtained during official duties without authorization from the Central Government.
Crucially, Section 39(4) explicitly states that the RTI Act does not apply to information classified as restricted under this section. This means that once information is designated as restricted, it is entirely exempt from disclosure under the RTI Act.
- RTI Act (2005):
- Section 8(1): Allows exemptions for security, sovereignty, etc.
- Section 8(2): Enables disclosure if public interest outweighs harm.
- Atomic Energy Act, 1962 earlier allowed secrecy, but RTI created a conditional transparency regime.
| Right to Information Act 2005: The Government of India enacted the Right to Information (RTI) Act, 2005, which allows Indian citizens to obtain any information that the Government or its institutions. The RTI Act provides a mechanism by which citizens may request access to records and information located within the Government. The timeframe for a response is 48 hours for life and liberty situations and 30 days for all other requests. Right to Information Act 2005 Evolution: 1976: Supreme Court recognition: The Supreme Court, in the case of Raj Narain v. State of Uttar Pradesh, declared the right to information a fundamental right under Article 19(1)(a) of the Constitution. 2002: The Freedom of Information Act was passed, but it was weak, and hence it was never implemented fully. 2005: The RTI Act has replaced the earlier law (The Freedom of Information Act), offering stronger provisions, broader coverage, and broader appeal mechanisms. |
Implications & Concerns:
1. Undermining Constitutional Values:
- RTI flows from Article 19(1)(a) (freedom of speech and expression).
- Section 39 converts RTI’s limited exemptions into complete exclusion.
2. Loss of Public Interest Override:
- Removes the balancing mechanism between secrecy and accountability.
- Safety, environmental impact, and regulatory failures become inaccessible.
3. Democratic Oversight at Risk:
- Weakens: Parliamentary scrutiny, Judicial review (no appeal possible), Role of media and civil society.
- Particularly concerning with private players in nuclear energy.
4. Dangerous Legislative Precedent:
- Sector-specific laws excluding RTI could spread to: Defence, Infrastructure, Digital governance.
- Risks “death by a thousand exclusions” for RTI.
Examples / Case Studies:
- Fukushima Nuclear Disaster (2011): Lack of transparency worsened public trust crisis.
- Bhopal Gas Tragedy (1984): Post-disaster information access was critical for accountability.
- RTI disclosures in India earlier revealed:
- Nuclear safety audits
- Environmental clearance violations
- Such scrutiny would now be legally barred.
Way Forward:
- Retain RTI applicability with narrow, clearly defined exemptions
- Preserve Section 8(2) public interest test
- Strengthen independent nuclear regulatory oversight
- Ensure parliamentary and audit access even if public disclosure is limited
Conclusion:
Section 39 marks a shift from conditional secrecy to absolute opacity, weakening India’s transparency regime. National security must be protected, but not at the cost of democratic accountability.
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