RTI activists seek rollback of Maharashtra RTI Rules 2026, issue legal notice

A group of RTI activists journalists transparency campaigners and publicspirited citizens has issued a legal notice to the Maharashtra government demanding the withdrawal of the Maharashtra Right to Information RTI Rules 2026 alleging that the new rules dilute the statutory rights guaranteed under the Right to Information Act 2005The notice was issued through Supreme Court and Bombay High Court advocate Sunil Ahya on behalf of former Central Information Commissioner Shailesh Gandhi journalist Vijay Kumbhar senior journalist Vinita Deshmukh and others associated with transparency platforms including Sajag Nagrik Manch and RTI KattaActivists allege rules exceed the states legal powersThe notice argues that the state governments rulemaking powers under Section 27 of the RTI Act are limited to implementing the legislation and cannot be used to restrict or dilute statutory rights guaranteed by ParliamentThe key legal arguments include Delegated legislation cannot override Parliaments intent under the RTI Act Rules are meant to implement the Act not create additional barriers for citizens Several Supreme Court judgments have consistently held that delegated legislation cannot expand beyond the scope of the parent lawThe notice also cites a February 2026 Kerala High Court judgment which struck down similar RTI restrictions as ultra viresQuestions raised over lack of public consultationA major objection concerns the alleged lack of transparency in framing the rulesAccording to the notice No draft rules were published for public consultation No stakeholder consultations or impact assessments were conducted No explanatory memorandum or justification was made publicThe signatories argue that the absence of consultation is particularly ironic given that the rules govern a law designed to promote transparency in governanceMandatory identity proof requirement challengedRule 9 requires RTI applicants to submit selfattested photo identity proofThe notice contends thatSection 62 of the RTI Act does not require applicants to furnish identity proof beyond contact detailsParliament deliberately chose not to impose such a requirementThe provision could discourage whistleblowers journalists and activists from seeking informationIt further argues that courts have recognised even a Post Box address as sufficient contact information making mandatory identity proof unnecessary and disproportionateRestrictions on RTI applications criticisedRule 7 introduces several restrictions including One subject per RTI application A maximum limit of 150 words Processing only the first subject mentioned in an applicationAccording to the notice these restrictionsForce applicants to file multiple RTI applications on related mattersIncrease both financial and procedural burdensMake complex requests involving files contracts and policy decisions impracticalThe notice also points out that the Maharashtra government had earlier informed the Bombay High Court that the 150word limit was advisory rather than mandatoryFee hike raises concerns over affordabilityThe new rules prescribe increased fees including Rs 30 RTI application fee Rs 50 first appeal fee Rs 100 second appeal fee Rs 5 per page including for digital copiesThe notice argues that the revised fee structure makes access to information more expensive and undermines the RTI Acts objective of ensuring affordable access to public information It also contends that digital records should not attract perpage chargesObjections to restrictions on BPL applicantsRule 5 limits free information for Below Poverty Line BPL applicants to 50 pagesThe notice argues that Section 75 of the RTI Act grants complete fee exemption to BPL applicants The rule introduces an unlawful restriction not found in the parent legislation Even partial limitations undermine Parliaments legislative intentThe notice again cites the Kerala High Court judgment which struck down a similar restrictionExpanded exemptions and shift in burden questionedThe legal notice also raises concerns over A broader definition of personal information Additional grounds for denying information A shift in the burden of proving public interest onto RTI applicantsAccording to the signatories these provisions contradict Section 195 of the RTI Act which places the burden of justifying the denial of information on the Public Information Officer PIOAppeal process changes also challengedThe activists have also objected to procedural changes including Dismissal of appeals for nonappearance Automatic abatement of appeals upon the death of an appellant Application of civil procedure rules to RTI proceedingsThey argue that these provisions are incompatible with the RTI Acts citizencentric framework and could result in genuine appeals being dismissed on technical grounds rather than decided on meritActivists warn of a weakened RTI frameworkAccording to the notice the cumulative impact of the new rules would be Higher costs for citizens Greater procedural complexity Increased scope for denial of information Reduced accessibility of the RTI mechanismThe signatories argue that the changes move the RTI regime away from Parliaments original vision of a simple accessible and citizenfriendly transparency lawKey demands placed before the Maharashtra governmentThe notice calls on the state government to Withdraw the Maharashtra RTI Rules 2026 in their entirety Restore the previous RTI framework Initiate an open public consultation involving RTI users journalists and legal experts Ensure that all future rules strictly comply with the RTI Act 2005 15day deadline issuedThe signatories have given the Maharashtra government 15 days to respond and withdraw the rulesFailing compliance they have warned that they will Challenge the rules before the Bombay High Court Seek to have the rules quashed Pursue all other consequential legal remedies available under lawThe dispute sets the stage for a significant legal battle over the limits of executive rulemaking powers and the future of transparency and access to information in Maharashtra