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Did you know? Every year, Indians file well over ten lakh (one million) RTI applications. A share of these reach the Central and State Information Commissions as second appeals \u2014 and the pendency there has become the working bottleneck of the Act.
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The Economic Survey is the Finance Ministry's yearly report on the Indian economy, tabled in Parliament a day before the Union Budget. The Economic Survey 2025-26 was tabled on 31 January 2026. Media coverage reports that its chapter on governance and institutions returned to a long-running debate: does the Right to Information Act, 2005 need a re-examination?
According to the reported text, the Survey flags two concerns. First, a growing pendency before the Information Commissions \u2014 widely cited at around 4.13 lakh cases across the Central and State Commissions combined in early 2026. Second, the Survey raises a concern that open disclosure of internal government discussions (often called “deliberative processes” \u2014 which means the file notes, draft opinions, and policy debates that happen inside a ministry before a decision is taken) can, in its view, chill candid advice-giving among officers.
Two broad proposals have been reported in connection with the Survey: a narrow exemption for deliberative processes that would shield internal policy drafts, and a discussion of a ministerial review or “veto-like” check on sensitive denials. As of 20 April 2026, none of this has become law. No amendment Bill has been tabled. The Commissions continue to apply the existing text of the Right to Information Act, 2005, as most recently amended by the DPDP Rules, 2025 substitution of Section 8(1)(j) on 14 November 2025.
This page pulls together what is on the record, what the implications would be if the reported proposals carry, and what an applicant can do today to file RTIs that succeed under either the current text or any tightened version of it. All specific numbers below are reported figures; verify against the Economic Survey PDF and the Commissions' annual returns before citing.
💡 Special insight. The Survey has not amended the Act. The Right to Information Act, 2005 is unchanged as of 20 April 2026. Citizens still win roughly one in four personal-data appeals on the Section 8(2) public-interest override. Use that route while it stands.
Plain-language explanation of the reported proposals. The middle column quotes or paraphrases the Survey's reported reasoning; the right column explains what the change, if passed, would mean in practice.
| What is proposed? | Why? (as reported in the Survey) | What it would change |
|---|---|---|
| Ministerial review of sensitive denials. A mechanism where denials in sensitive categories are reviewed at the Minister level. | To protect candid internal discussions. | The First Appeal path stays (Section 19(1) within 30 days). A ministerial review would be additional, not a replacement. |
| “Deliberative process” exemption for internal drafts. (Meaning: the officers' notes and debates before a policy is finalised.) | Avoid “policy paralysis” from premature disclosure. | RTI on final orders still works. RTI on draft files would face a new ground of refusal. |
| Strengthening the Information Commissions. Fill sanctioned posts, clear pendency. | Tackle the reported 4.13 lakh backlog. | Faster second appeals under Section 19(3). Same statute; better capacity. |
| Better suo-motu disclosure under Section 4(1)(b). | Reduce the need to file an RTI at all. | More proactive publication of records. Applicants shift from asking to searching. |
An example a first-time applicant can recognise. Asking a Ministry for the final approved Cabinet Note on a scheme is still answerable under the current Act. Asking for the file notings on the earlier drafts of that Note would, under a “deliberative process” carve-out, face a new ground of refusal \u2014 though the Section 8(2) public-interest override would continue to apply.
For context on the drafting patterns that already work, see the RTI Query Builder and the online filing guide.
A rough, widely-cited figure for combined pendency across the Central Information Commission and the twenty-nine State Information Commissions in early 2026 is around 4.13 lakh cases. Authoritative figures are released in the Commissions' own annual reports and in the DoPT Annual Report on the RTI Act. Three structural factors sit behind the number:
The Survey's proposed remedy on the capacity side \u2014 fill sanctioned posts, staff the Commissions \u2014 is the least controversial item and sits within existing statutory powers. Section 12 and Section 15 of the Right to Information Act already provide for the constitution of the Central and State Commissions; no new law is required to fill those benches.
| Date | Milestone |
|---|---|
| 14 November 2025 | DPDP Rules, 2025 notified; Section 8(1)(j) of the RTI Act substituted via Section 44(3) of the DPDP Act, 2023. See DPDP Rules, 2025 \u2014 the amendment. |
| 31 January 2026 | Economic Survey 2025-26 tabled. Chapter on governance reportedly flags RTI pendency and discusses exemptions for deliberative processes. |
| February 2026 | Reported CIC orders begin testing the amended Section 8(1)(j); early patterns documented in the PIO reply analysis. |
| March 2026 | First appellate authority decisions under the DPDP-substituted clause stabilise the drafting expectations. |
| 20 April 2026 | No amendment Bill tabled on the proposals; current statute is the controlling text. |
For the arc of changes across ten years \u2014 the RTI Amendment Act 2019, the RTI Rules 2019, the Anjali Bhardwaj ruling, the Subhash Chandra Agarwal Constitution Bench, and the DPDP substitution \u2014 see The RTI Act: a decade of change, 2015 to 2025.
💡 Special insight. A Bill that would narrow the RTI Act requires Parliament. Until the Lok Sabha takes it up, first-reads and second-reads it, and the Rajya Sabha clears it, the text remains as it stands today. No executive notification can narrow the substantive right without a Bill.
💡 Special insight. The Section 8(2) public-interest override is available in roughly one of every four personal-data appeals \u2014 but only when the applicant pleads a specific public interest at the application stage. Pleading at appeal stage alone reduces the win rate.
| Stakeholder | Immediate effect (Apr 2026) | If reported proposals pass | What to do today |
|---|---|---|---|
| Citizen | None | Lose draft-file access | Plead Section 8(2); file narrow |
| PIO | None | Deliberative-process ground becomes usable | Keep refusals within Section 8 & 9 |
| FAA | More 8(2) pleas | More veto-style appeals | Pass speaking orders |
| Commissions | Pendency rising | Caseload stabilises if staffed | Publish vacancy data |
| Researcher | None | Draft access narrows | Shift to gazette + final orders |
| Activist | None | Constitutional challenge opens | Document refusals; publish |
Three tracks of activity to watch over the next nine months:
For the complete twelve-category template set see the RTI Query Builder.
💡 Special insight. File now, not later. Any narrowing of the Act will operate prospectively. Requests filed today are tested against the current text of Section 8 \u2014 not against a hypothetical future version.
| Question | Short answer |
|---|---|
| Has the RTI Act been amended by the Economic Survey? | No. The Economic Survey is a report, not a law. It cannot amend a statute. |
| What is the “deliberative process”? | The internal discussions and draft notes that happen inside a ministry before a final policy is issued. |
| Is a ministerial veto already in force? | No. It has been discussed in media coverage of the Survey. It is not law. |
| Can a PIO refuse on a “deliberative process” ground today? | Not validly. Grounds of refusal are Sections 8, 9, 11, and 24 of the RTI Act \u2014 none of which includes that phrase. |
| What is the 4.13 lakh figure? | A widely-cited figure for combined pending cases across the Central and State Information Commissions. Verify against annual reports. |
| Does the amended Section 8(1)(j) block all personal-data RTIs? | No. Section 8(2) public-interest override continues. See DPDP vs RTI \u2014 2026 position. |
| Can I still get my own service record? | Yes. Section 8(1)(j) does not apply to the applicant's own record. |
| Will any amendment be retrospective? | Unusually; most amendments operate prospectively from the date of notification. |
| Where can I track the Commission pendency? | Central Information Commission: cic.gov.in. State Commissions: State-specific portals. DoPT's annual RTI report aggregates data. |
| How can I contribute documented refusals? | Via the contribute guide \u2014 discussion at the bottom of any page. |
Your next move.
Last reviewed on: 20 April 2026 — RTI Wiki editorial team.. Watch the monsoon-session Lok Sabha calendar and the FY 2025-26 annual reports of the Information Commissions.