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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