Tuesday, July 23, 2019

Memo to Prime Minister on RTI Amendment Bill


To
The   Prime Minister                                                                                                      Date- 23.7.19
Govt. of India
New Delhi

Sub- Appeal for withdrawal of Right to Information (amendment) Bill, 2019

                              (Through Hon’ble  Governor, Odisha, Bhubaneswar)

 Esteemed  Sir

We, the Civil Society Groups  and RTI Activists  holding public protest  at Bhubaneswar, capital of Odisha under  the banner  of Odisha Soochana Adhikar Abhijan  present  herewith  the  following issues raised  by us  in context of proposed amendment  of  RTI Act by Central Govt.

It  has come to our notice  that  the NDA Government has passed  the RTI Amendment Bill, 2019 in the Lok Sabha on  22.7.19. We understand that the proposed amendments are regressive and are aimed squarely at undermining the independence of information commissions, thereby diluting India’s strongest and most widely used framework for transparency. 

It is a matter of grave concern that the amendments to the RTI Law were introduced in complete secrecy and in flagrant violation of the Pre-Legislative Consultation Policy of the Central government which mandates public disclosure and consultation on draft legislations. Owing to the undemocratic way of its introduction, the contents of the draft amendments were not known by MPs, citizens and the media till the bill was circulated to members of the Lok Sabha on the eve of its introduction. 

The bill seeks to amend the RTI Act in order to empower the Central Government to unilaterally decide the tenure, salary, allowances and other terms of service of Information Commissioners at the Centre and States.  The NDA Government has done so by wilfully misrepresenting an amendment to a basic feature of the law, as a function of rule-making. 

As the RTI Act stands today, it provides for a fixed tenure of 5 years for information commissioners (subject to the age limit of 65 years). Further, the salaries, allowances and other terms of service of the Chief of the Central Information Commission are the same as that of the Chief Election Commissioner. This is a part of the basic structure of the existing law and therefore any amendment to these provisions undermines the basic structure of the RTI.

The status of information commissioners was extensively discussed during the formulation of the law, including in the Standing Committee. In fact, the Standing Committee opined, “Information  Commission  is  an  important  creation  under  the  Act  which  will  execute  the laudable  scheme  of  the  legislation  …It  should,  therefore,  be  ensured  that  it  functions  with utmost  independence  and  autonomy.” It recommended  that  to  achieve  this  objective,  it would be desirable to confer on the central chief  information  commissioner  and  information commissioners,  status of the chief election commissioner  and  election  commissioners respectively. The committee’s recommendation to  elevate  the  status  of  information commissioners was accepted and passed by  parliament unanimously through an extensive process of public and Parliamentary consultation.
The principle of according a high stature, and protecting the terms of service by equating it to functionaries of constitutional bodies, is routinely adopted for independent statutory oversight bodies, including the Central Vigilance Commission and the Lokpal.  

Enabling the Executive to govern the functioning of the Commissions will fundamentally weaken the institution of the Information Commissions as it will adversely impact their ability to function in an independent manner. The Information Commissions are the final authorities to adjudicate on claims of access to information which is a deemed fundamental right under the Constitution. The RTI Act confers an autonomous status to Commissions to empower them to carry out their functions independently so as to enforce compliance of the highest offices with the provisions of the law. Further, the Central government usurping for itself the power to decide even the tenure, salaries and allowances of information commissioners of the State Information Commissions, raises key issues of federalism, and is a continuing indication of the current Government’s centralized, and undemocratic decision making.

It is needless  to mention here that the RTI Act is used every year by nearly 6 million citizens of the country. It has proved to be the strongest tool in the hands of ordinary citizens to realize their fundamental right to know and hold power to account. The law’s passage in the Parliament in 2005 was a victory for peoples’ movements and campaigns that represented the will and intention of lakhs of citizens to keep democracy alive. 

 We , therefore, request  you  to  withdraw  the said  Bill and enforce effective  implementation  of  RTI Act  across the  country  by strengthening  functioning  of  Information Commissions at  centre  and  in all states. We  also  request you  to enforce  immediate  implementation of  Whistle-blowers’ Protection Act. 

Thanking  you
Yours  sincerely


Pradip Pradhan and Many  others 
 State   Convener
Odisha Soochana Adhikar Abhijan
Plot  No-D-27, Maitree  Vihar
Post-Rail Vihar, Bhubaneswar
Pin- 751023, M-9937843482



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