New Delhi – The Delhi High Court on Wednesday delivered a scathing reprimand to the Municipal Corporation of Delhi for its apparent failure in MCD RTI compliance, highlighting that the civic body has not fulfilled transparency mandates for nearly 20 years. The bench expressed shock that statutory duties under the Right to Information Act, 2005 have remained unfulfilled since the law’s enactment, raising serious questions about governmental accountability.
A bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia addressed this critical issue of MCD RTI compliance while hearing a public interest petition. The court’s observations underscored the fundamental importance of transparency in democratic governance and the failure of the civic body to uphold these principles.
Petition Highlights Systemic Transparency Failures
The issue of inadequate MCD RTI compliance came before the court through a petition filed by the Centre for Youth Culture and Law Environment. The petitioner sought directions for the civic body to proactively disclose legislative reports, resolutions passed by its Standing Committee, and related public information as required under Section 4 of the RTI Act.
Section 4 of the RTI Act represents a cornerstone of transparency legislation, obligating public authorities to maintain openness by proactively sharing information with the public without waiting for formal RTI requests. The petition highlighted how MCD RTI compliance has been conspicuously absent despite this clear statutory mandate.
Bench Questions Two Decades of Inaction
The Delhi High Court expressed disbelief at the extent of the MCD RTI compliance failure, directly questioning MCD’s counsel about the civic body’s actions over two decades. “You are required to upload and update the information. What have you been doing? It was passed in 2005, 20 years down the line… You have not done this exercise in 20 years,” the bench stated emphatically.
This pointed questioning regarding MCD RTI compliance revealed the court’s frustration with the civic body’s apparent disregard for statutory obligations. The bench specifically questioned why decisions of the House and committees were never published, stating categorically, “There cannot be any reason.”
Statutory Mandate Remains Unfulfilled
The court explicitly noted that the statutory mandate and duty cast on MCD under the RTI Act has not been followed even after the lapse of 20 years since the law’s enforcement. This observation about MCD RTI compliance highlights a systemic failure that goes beyond mere administrative oversight to represent a fundamental breach of democratic principles.
Also Read: Old Delhi Redevelopment: CM Gupta Takes Direct Charge as SRDC Chief
The bench’s remarks emphasized that MCD RTI compliance is not optional but represents a legal obligation that the civic body has consistently failed to meet. The absence of proper compliance mechanisms for two decades demonstrates either willful negligence or institutional incompetence.
Missing Documents and Information Gaps
The petitioner’s counsel argued that MCD RTI compliance failures were evident from the civic body’s website, which lacked a proper catalogue of essential information, including its budget. While some details were available online, the majority of required information remained conspicuously missing.
This incomplete approach to MCD RTI compliance defeats the purpose of transparency legislation, as citizens cannot access crucial information about how their municipal corporation functions and spends public funds. The gaps in available information suggest a systematic reluctance to embrace transparency.
MCD’s Defense and Corrective Claims
Responding to the court’s observations about MCD RTI compliance, the civic body’s counsel submitted that corrective measures were being undertaken. The counsel claimed that the issue of publishing resolutions and minutes of meetings of the House, as well as those of other committees and boards, was under active consideration.
However, the court remained unimpressed by these assurances regarding MCD RTI compliance, noting that similar promises have likely been made repeatedly over the past 20 years without meaningful action. The bench demanded concrete evidence of compliance efforts rather than vague assurances.
Court Orders Detailed Affidavit
Unsatisfied with verbal submissions about MCD RTI compliance, the court directed the civic body to file a comprehensive affidavit detailing specific steps taken to comply with Section 4 of the RTI Act. “Let an affidavit be filed by MCD not only to the petition but also stating as to what steps have been taken to implement section 4 of the RTI Act for providing information by publication,” the court ordered.
The bench added emphatically, “You have to publicise by beat of drum also,” suggesting that MCD RTI compliance requires active and comprehensive information dissemination rather than passive or minimal efforts. This colorful language underscored the court’s expectation of proactive transparency.
Implications for Democratic Governance
The MCD RTI compliance case represents broader concerns about transparency and accountability in Indian governance. The Municipal Corporation of Delhi serves millions of citizens, and its failure to maintain basic transparency standards for two decades raises serious questions about democratic oversight and citizen engagement.
This MCD RTI compliance failure affects citizens’ ability to hold their elected representatives accountable, understand how public funds are spent, and participate meaningfully in civic governance. The court’s intervention represents a crucial step toward enforcing transparency mandates.
Next Hearing and Expected Actions
The matter regarding MCD RTI compliance will be heard next on April 17, by which time the civic body must submit its detailed affidavit outlining compliance measures. The court’s strong observations suggest it will closely scrutinize MCD’s response and may order specific remedial actions if the affidavit proves unsatisfactory.
