SHILLONG, July 9: Advocate Napoleon S Mawphniang has petitioned President Droupadi Murmu and Prime Minister Narendra Modi, urging their intervention in the recently notified Meghalaya Right to Information (RTI) Rules, 2025.
In his appeal, the advocate described the rules as a grave threat to democracy, calling them “a dangerous regression into a colonial-era culture of secrecy.”
He asserted that repealing the rules would uphold citizens’ sovereignty and safeguard democratic values.
Mawphniang, also an RTI activist, termed the new rules a calculated attack on transparency, stating they are not administrative aids but “a charter of obstruction” that denies citizens access to information.
“When the state systematically dismantles a fundamental right, silence becomes complicity,” he remarked.
He submitted a detailed legal complaint and memorandum, outlining the constitutional violations posed by the rules to the highest executive and constitutional offices.
Mawphniang emphasised that the RTI Act of 2005 empowers citizens to question and hold public authorities accountable, an essential democratic right rooted in Article 19(1) (a) of the Constitution of India, which guarantees freedom of speech and expression.
He pointed out that the 2025 Rules undermine this legacy, calling them a “constitutional subterfuge” aimed at weakening the RTI Act under the guise of procedural regulations.
He criticised Rule 4(6), which limits applications to “one subject matter only,” calling it arbitrary and absent from the parent RTI Act.
This, he warned, gives public information officers unchecked discretion to reject applications.
The advocate also said that while the application fee is a modest Rs 10, the cumulative cost—especially Rs 2 per page for voluminous records like tenders and financial documents—creates a significant barrier for common citizens.
“For farmers, daily wage workers, students, and grassroots activists, this financial burden turns a fundamental right into a luxury,” he said.
Mawphniang argued that the new rules violate Articles 14, 19, and 21, the “golden triangle” of fundamental rights established by the Supreme Court.
He called for the immediate and complete withdrawal of the Meghalaya RTI Rules, 2025, labelling them unconstitutional and beyond the powers of the parent Act.
He also appealed for an interim stay on the most problematic provisions, including the 500-word limit, the “one subject matter” rule, and fee structures.
He further demanded that the Meghalaya government draft new RTI rules in consultation with civil society groups, guided by the principles of transparency, affordability, and accessibility, similar to models adopted by progressive states like Maharashtra and Delhi.
