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In News: The Supreme Court expressed its displeasure over more than 1-year delay in filing the response to pleas against RTI Amendment Act 2019.
Quotes
“Secrecy is the linchpin of abuse of power, its enabling force. Transparency is the only real antidote.” – Glenn Greenwald
“Information is a basic human right and fundamental foundation for the formation of democratic institutions.” -Nelson Mandela
Right to Information (RTI) Act, 2005
- Public Authorities need to make disclosures on various aspects of their structure and functioning. It includes
- disclosure on their organisation, functions, and structure,
- powers and duties of its officers and employees, and
- financial information.
- ‘Public Authorities’ include bodies of self-government established under the Constitution, or under any law or government notification.
- For instance, these include Ministries, public sector undertakings, and regulators.
- It also includes any entities owned, controlled or substantially financed and non-government organizations substantially financed directly or indirectly by funds provided by the government.
- The act, in general, promotes pro-active and suo-moto disclosure of information by governments.
- If any information is not available, citizens have the right to request it by a simple letter or email or through online application for a nominal fee.
- The intent behind the enactment of the Act is to promote transparency and accountability in the working of Public Authorities.
Functioning of Right to Information Act
- A three-tier structure for enforcing the right to information has been set up under the RTI Act 2005.
- Public Information Officers: The first request for information goes to the Assistant Public Information Officer and Public Information Officer, designated by the Public Authorities.
- These Officers are required to provide information to an RTI applicant within 30 days of the request.
- Appellate Authority: It caters to the appeals against decisions of the Public Information Officer.
- State Information Commission or the Central Information Commission (CIC): Their major function is to listen to appeals against the order of the Appellate Authority.
- These Information Commissions consist of a Chief Information Commissioner (CIC) and up to 10 Information Commissioners(ICs).
- Public Information Officers: The first request for information goes to the Assistant Public Information Officer and Public Information Officer, designated by the Public Authorities.
Key Changes of Right to Information (Amendment) Bill, 2019
|
Provision |
RTI Act 2005 |
RTI (Amendment) Bill 2019 |
|
Term (Section 13) |
5 years or the age of 65 whichever is earlier |
Now Centre Govt. will notify tenure. (Now 3 years as notified by Centre) |
|
Salary |
Following Equivalents in Salaries were to be paid: Under Section 13 of RTI Act 2005:
Under Section 16 of RTI Act 2005:
|
Now, the salaries, allowances, and other terms and conditions of service of the central and state CIC and ICs will be determined by the central government. (No power to State Governments) |
|
Deduction in Salary (Section 27) |
Salaries of CIC and ICs will be deducted by an amount equal to the pension or retirement benefits being received by them if any. |
Bill has removed these provisions. |
|
Appointment |
Earlier by 3 member committee comprising PM, Leader of Opposition and One Minister nominated by PM. Similarly at State Level, 3 membered committee will comprise of CM, Leader of Opposition in State and any Minister in State. |
Now, these powers have been delegated to the Central Government. |
Arguments by Government for these Reforms
- Constitutional v/s Statutory Bodies: A statutory body (CIC and ICs) can’t be compared with a constitutional Body viz. CEC and ECs.
- Rationalisation of Status and Service Conditions: Earlier, CIC was given the status of Supreme Court Judge but his judgements can be challenged in High Courts. Such dichotomy is now removed.
- No rule-making power to Government previously: Now the new amendment gives better control to the government over the statutory body.
Criticism of recent Amendments
- Blow to Federalism: The role of State Governments have been diminished.
- Against Democratic value: Opposition now has no role in the appointment.
- A threat to transparency and accountability of CIC and ICs: Earlier the CIC and ICs were appointed with the consent of Opposition and function relatively independently due to fixed tenure and salary.
- Now the new provisions make CIC and ICs a pawn to protect sensitive information related to the government.
- The most fundamental requirement of any independent oversight institution like the CVC, CEC, the Lokpal is a basic guarantee of tenure which has been removed now.
- Against the Spirit of Supreme Court Judgement & Parliamentary Committee:
- In 2005, the parliamentary standing committee reviewing the RTI Bill had said the terms of appointment of information commissioners was the “essence of the Bill”.
- In the case of Anjali Bhardwaj & Ors. V/s UOI held that the RTI Act is enacted not only to sub-serve but also to ensure freedom of speech.
Way Forward
- Constitutional Status to CIC and ICs: The constitutional status will give RTI and CIC proper sovereign backing to function in an autonomous way.
- Awareness Campaigns: Any empowerment or transparency drive is incomplete without the involvement of stakeholders which can be ensured by mobilising NGOs and Citizens.
- Protection to RTI Activists: There have been incidents of attacks on RTI activists and they too should be given enough protection for whistleblowing against the corrupt.
- Balancing RTI with Privacy and Official Secrets Act: The concern regarding sensitive data needs to be well defined to avoid any vague dismissal of RTI application by Public Information Officers.
Source: IE
