National Campaign for Peoples’ Right to Information
(NCPRI)
Press Release
NDA’s proposed amendments seriously undermine the
RTI Act
The NDA Government introduced the RTI Amendment Bill, 2019 in the Lok
Sabha on Friday (July 19, 2019). 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.
In 2017, similar amendments were made to laws regulating 19 tribunals
and adjudicating authorities through the Finance Act. Subsequently is several
cases, the government through rules has reduced the term of office of
functionaries of the tribunals/authorities.
There is a wide array of pressing issues which require the urgent
attention of government to ensure the effective implementation of
the RTI Act and to promote higher standards of transparency in
public life. These include:
·
Making time
bound and transparent appointments to fill
vacancies in information commissions
·
Addressing
the issue of attacks on information seekers- more than 80 RTI users
have been murdered across the country.
·
Implementing
the Whistle Blowers Protection Act
·
Addressing
poor implementation of Section 4 of the RTI Act to strengthen mandatory
pro-active disclosure, the lack of which was acutely felt in some of this
Government’s most wide sweeping policies such as demonetization.
·
Addressing
the complete lack of transparency in electoral funding.
It is inexplicable that instead of
addressing some of these issues that are currently undermining peoples’
right to information, the NDA Government has decided to focus on means to subvert
the independence and autonomy of the adjudicating authorities under the RTI
Act. This latest legislative sleight is another example of this government’s
characteristic intention to disempower democratic institutions of this
country.
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.
The National Campaign for Peoples’ Right to Information (NCPRI) wholly
rejects the amendments introduced by the NDA government, and demands that they
be withdrawn with immediate effect. The NCPRI also would like to remind the government
to follow due process in carrying out its legislative business and
ensure that all draft legislations (including amendments) be put through the
pre-legislative consultation process. Amendments which will impact peoples’
fundamental rights must be put through extensive debate and discussion by
referring them to the appropriate Parliamentary Standing Committees. The
NCPRI will oppose these regressive amendments and mobilise public opinion, so
that this peoples law is protected.
Pradip Pradhan
National Co-Convener, NCPRI, New Delhi
Date- 20.7.19
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