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Patna High Court Imposes 45-Day Deadline for RTI Second Appeals

Yesterday, the Patna High Court established a 45-day timeframe for the disposal of second appeals under the Right to Information Act.

The Patna High Court’s directive today to dispose of second appeals under the Right to Information (RTI) Act within 45 days underscores ongoing efforts to address delays in India’s transparency framework. The RTI Act, enacted in 2005, empowers citizens to seek information from public authorities, but procedural backlogs, particularly at the appellate stage, have long hindered its effectiveness. This order aims to streamline the resolution of second appeals—typically filed after initial rejections—to ensure timely access to information, reflecting broader judicial and administrative pushes to strengthen accountability mechanisms in recent years.

The Patna High Court yesterday directed all authorities in Bihar to dispose of second appeals under the Right to Information (RTI) Act within 45 days, addressing longstanding delays in resolving such cases. The order, issued on Sunday, mandates that appellate authorities prioritize these appeals to ensure timely access to information for citizens, as reported by The Indian Express.

Second appeals under the RTI Act are typically filed after an applicant challenges the response—or lack thereof—from a public authority. While the law stipulates that such appeals be resolved promptly, procedural bottlenecks and administrative inertia have often led to delays spanning months or even years. The court’s directive aims to enforce stricter timelines, emphasizing the need for efficiency in India’s transparency framework.

The RTI Act, enacted in 2005, empowers citizens to seek information from government bodies, fostering accountability and reducing opacity in public administration. However, its effectiveness has been hampered by systemic delays, particularly at the appellate stage. The Patna High Court’s order reflects a growing judicial push to address these issues, aligning with broader efforts to strengthen implementation of the law. In recent years, similar measures have been adopted by other high courts and the Central Information Commission to expedite resolutions and reduce backlogs.

The 45-day deadline applies to all second appeals pending or filed after the order’s issuance. Authorities have been instructed to treat such cases as priority matters, ensuring that procedural requirements do not impede timely disposal. While the directive specifically targets Bihar, it sets a precedent that could influence similar actions in other states. Experts note that sustained monitoring and resource allocation will be critical to ensuring compliance, as past attempts to streamline RTI processes have sometimes faltered due to inadequate infrastructure or training.

The order’s impact on reducing delays remains to be seen. Advocates of the RTI Act have welcomed the move, arguing that stricter timelines will enhance public trust in the system. However, challenges such as understaffed appellate authorities and inconsistent enforcement across jurisdictions may test the effectiveness of the directive. As of now, no specific mechanism has been announced to penalize non-compliance, leaving room for ambiguity in implementation.

The Patna High Court’s intervention underscores the ongoing struggle to balance the ideals of transparency with the practical realities of administrative capacity. While the 45-day mandate signals a step toward accountability, its success will depend on coordinated efforts between judicial, administrative, and civil society stakeholders.

Cited sources

Indian Express