On the challenges faced by the Infromation Commission – Rescue RTI

Source: The post on the challenges faced by the Infromation Commission is based on the article “Rescue RTI- Long-unfilled vacancies in information commissions are a sureshot way to kill a good law” published in “The Times of India” on 1st November 2023.

UPSC Syllabus Topic: GS Paper 2 Indian Polity – Statutory, regulatory and various quasi-judicial bodies

News: The Supreme Court criticized governments for not filling vacancies in information commissions. This makes the Right to Information Act ineffective. Despite past instructions, many commissions remain understaffed. This threatens the Act’s role in promoting transparency and exposing scams.

What directives did the Supreme Court provide in its 2019 judgment to the Centre regarding the appointment of Information Commissioners?

SC has directed the Centre on Appointments of Information Commissioners:

Start Early: Begin the appointment process 1-2 months before a vacancy arises.

Comparable Terms: Appoint CIC and Information Commissioners on terms similar to the Chief Election Commissioner and Election Commissioners.

Transparency Measures: Clearly state appointment criteria in advertisements and on websites.

Advance Advertisement: Promote vacancies well before the incumbent’s retirement.

Selection Criteria: Make the selection criteria and the search committee’s decisions public on the website.

Diverse Qualifications: Appointees should be eminent individuals from varied fields like law, journalism, public service, etc.

Bias Observation: The court noted a trend of appointing only government employees and stressed broader representation.

What are the changes to Central Information Commission (CIC) and State Information Commission (SIC) under the RTI Amendments Act 2019?

Term Changes:

Central Government will decide the term for Chief Information Commissioner and Information Commissioner.

The term for State Chief Information Commissioner and State Information Commissioner will also be set by the Central Government.

Salary and Conditions:

Central Government will now determine the salary, allowances, and service conditions for the Chief Information Commissioner and Information Commissioner.

Similarly, the pay and conditions for State Chief Information Commissioner and State Information Commissioner will be set by the Central Government.

Why did the Supreme Court say that the RTI Act has become a dead letter law?

The Supreme Court said the Right to Information Act has become a “dead letter law” because:

1) Governments haven’t filled vacancies in information commissions.

2) 7 out of 11 commissioner posts in CIC are vacant.

3) Commissions in Telangana, Tripura, and Jharkhand are defunct.

4) Despite a 2019 judgment ordering timely filling of vacancies, governments haven’t complied.

5) The RTI Act’s role in promoting transparency and exposing scams might be undermined.

6) The RTI, born from a grassroots movement, risks subversion by the government’s inaction.

What is the government’s view on the Supreme Court remark?

Official Stance: Despite the vacancies, the government continues to highlight the importance of the RTI Act to democracy.

MoS Statement: Jitendra Singh, the Minister of State for Personnel and Public Grievances, spoke favorably about the RTI Act.

He described the law as crucial for ensuring transparency in governance.

He emphasized the RTI Act’s role in nurturing trust between citizens and the state.

Question for practice:

The Right to Information Act has been described as the ‘Master Key to Good Governance.’ However, it has not been able to achieve its full potential. Analyse.