Syllabus
GS Paper 2 – Appointment to various Constitutional Posts, Powers, Functions and Responsibilities of various Constitutional Bodies. Statutory, Regulatory and various Quasi-judicial Bodies.
Context
Supreme Court warns the government: Without staffed Information Commissions, the RTI Act is ineffective.
Right to Information (RTI) Act, 2005:
- Section 2(j) of the RTI Act defines the “right to information” as the access to information held by any public authority under the Act.
- RTI is a fundamental right, falling under Article 19(1) for freedom of speech and expression and Article 21 for the right to life and personal liberty.
- The nodal agency for the RTI Act is the Department of Personnel and Training, Ministry of Personnel, Public Grievances, and Pensions.
- The objectives of the RTI Act include providing a practical framework for citizens to access information, promoting transparency and accountability in government functioning, developing an informed citizenry, containing corruption, and specifying exemptions to information disclosure that may conflict with other public interests.
- Information Commissions, serving as the supreme authority, constitute the highest decision-making body under the Act. In the hierarchy, there is a Central Information Commission (CIC) at the central level and a State Information Commission (SIC) at the state level.
- New Amendments –
- RTI Amendment Act 2019: Central Government Authority – The RTI Amendment Act 2019 vested the Central government with the authority to determine the tenure and salary of commissioners.
- Digital Act 2023: Exemption for Personal Information – The Digital Act 2023 amended the RTI Act by introducing an exemption for all personal information, preventing its disclosure.
Significance of RTI Act 2005:
- Informed Citizenry: Central to democracy, the right allows citizens to question government policies.
- Accountability: Access to government information ensures accountability for its actions.
- Good Governance: RTI acts as a gauge for a country’s growth, empowering citizens and exposing corruption.
- Public Participation: Government information encourages citizen participation in democracy.
- Transparency: Fosters openness, building public trust and confidence.
- Fundamental Right: Recognized by the Supreme Court, the right to information is a fundamental right under Article 19(1)(a).
| Aspect | Central Information Commission (CIC) | State Information Commission (SIC) |
| Constituted by | Central Government | State Government |
| Composition | Chief Information Commissioner and up to 10 Information Commissioners | State Chief Information Commissioner and up to 10 State Information Commissioners |
| Appointment | President on the recommendation of a select committee | Governor on the recommendation of a select committee |
| Selection Committee | Prime MinisterLeader of Opposition in Lok SabhaUnion Cabinet Minister nominated by Prime Minister | Chief MinisterLeader of Opposition in Legislative AssemblyState Cabinet Minister nominated by Chief Minister |
| Tenure of Members | As prescribed by the Central Government or until they reach 65 years, whichever is earlier | |
| Salary, Allowances, etc. | As per the RTI Amendment Act 2019, prescribed by the Central Government | |
Concerns in Information Commission:
- Understaffed Appellate Bodies: Functioning without Chief Commissioners or adequate staff for RTI requests.
- Huge Pendency: In 2022, approximately 3,15,000 complaints linger under the RTI Act in India.
- Ban on Personal Information: Pendency and understaffed commissions impede officials’ accountability and access to social welfare schemes.
- Dependency on Union Government: Union government’s authority over commissioners’ tenure and salary affects their independence.
- Lack of Political Will: Political reluctance in appointing Information Commission authorities hampers the effective implementation of the RTI Act 2005.
- Transparency International’s 2020 Report: During the pandemic, one-fourth of information commissioner posts were vacant, with women holding only eight out of 165 positions.
The Supreme Court in February 2019 reiterated that “the proper functioning of commissions with an adequate number of commissioners is vital for effective implementation of the RTI.”
Source: The Hindu
Practice Question
Why is there a pressing need for comprehensive reforms within the Central Information Commission, and what implications would such reforms have on its effectiveness and functionality, particularly in addressing contemporary challenges and enhancing public access to information? (Answer in 250 words)