Introduction
The Right to Information (RTI) Act of 2005 stands as a monumental legislation in India's journey towards transparency, accountability, and citizen empowerment. Enacted with the aim of fostering a more informed and participatory democracy, the RTI Act has undergone significant amendments, including the recent Right to Information (Amendment) Bill of 2019. Over the past 14 years, the RTI Act has transformed governance dynamics, enabling citizens to exercise their fundamental right to access government information and has nurtured democracy in India.
The RTI Act 2005: Empowering Citizens and Ensuring Accountability
The inception of the RTI Act in 2005 marked a watershed moment in India's governance framework. The fundamental objective of the Act was to empower citizens by granting them the right to seek information from public authorities. This legislative milestone aimed to promote transparency, curb corruption, and enhance governmental accountability. By mandating timely responses to citizen queries, the Act sought to bridge the gap between the government and the governed, fostering a culture of openness and dialogue.
Key Provisions and Impact of the RTI Act
The RTI Act established a robust framework for the implementation of the right to information. Public authorities were mandated to designate officers responsible for handling information requests and ensuring timely responses. The Act also instituted a hierarchical appeals process, culminating in the State Information Commission or the Central Information Commission, tasked with adjudicating disputes and ensuring compliance.
Over the years, the RTI Act has emerged as a powerful tool for citizens and the media to hold government agencies accountable. With an estimated 60 lakh applications filed annually, the Act has facilitated greater transparency in governance processes. It has empowered individuals to question arbitrary decisions and demand accountability from public officials. Moreover, the Act's deterrent effect has prompted greater caution among bureaucrats and officials, reducing the incidence of corruption and scams.
Evolution through Amendment: The RTI (Amendment) Bill 2019
In 2019, the government introduced the Right to Information (Amendment) Bill, proposing significant changes to the terms and conditions of service for Chief Information Commissioners (CIC) and Information Commissioners (ICs) at both central and state levels. The Bill sought to modify key provisions of the RTI Act, eliciting debates on its potential impact on transparency and institutional autonomy.
One of the notable amendments proposed by the Bill was the removal of the fixed five-year term for CICs and ICs. Instead, the Bill empowered the central government to determine their tenure, raising concerns regarding potential executive influence and diminished autonomy. Furthermore, the Bill aimed to centralize control over the salaries and allowances of CICs and ICs, previously linked to those of constitutional functionaries such as the Chief Election Commissioner.
Critics of the Amendment Bill have expressed apprehensions about its implications for the independence of Information Commissions and the RTI framework as a whole. They argue that centralizing control over appointments and terms of service could undermine the Commission's ability to act impartially and serve as a check on governmental power.
However, the amendment aims to streamline administrative processes and ensure greater uniformity in the terms of service for Information Commissioners. It emphasizes the need for clarity and consistency in the regulatory framework governing RTI institutions, in accordance with judicial precedents and recommendations from expert committees.
Modi Government’s Commitment to RTI
The structure and functioning of the Chief Information Commissioner (CIC) and Information Commissioners (ICs) as delineated in the Right to Information (RTI) Act of 2005 have been a subject of scrutiny and debate due to perceived anomalies. Under the RTI Act 2005, the status of the Chief Information Commissioner is equated to that of the Chief Election Commissioner, and consequently, to a Supreme Court judge. Similarly, state Chief Information Commissioners are deemed equivalent to election commissioners, and by extension, Supreme Court judges.
This perceived discrepancy stems from the fact that while the Information Commission is a statutory body, the Supreme Court and Election Commission are constitutional bodies. Furthermore, despite enjoying the status akin to Supreme Court judges, decisions made by the CIC and state Information Commissioners can be challenged in the High Court, creating a legal paradox.
Efforts to address this anomaly have been made through the Right to Information (Amendment) Bill of 2019. This bill seeks to rectify the disparity by granting the government the authority to frame rules and deliberate upon the tenures and terms of the Central and State Information Commissions. By amending Section 27 and considering Sections 13 and 16 of the RTI Act 2005, the amendment aims to streamline and institutionalize the RTI Act, enhancing its efficacy and delivery.
Several judgments and recommendations have bolstered the argument for reform. The Rajiv Garg vs UOI Supreme Court judgment of 2013 emphasized the need for uniformity in service conditions across various tribunals. Similarly, the Second Reform Commission's 13th report in April 2009 advocated for greater consistency in service conditions. Moreover, a recent judgment by the High Court of Kerala underscored that the Chairman and members of the Central Administrative Tribunal (CAT) do not inherently hold the exalted position of High Court judges solely based on benefits conferred upon them.
The amendment bill is viewed as an enabling legislation aimed at bolstering the RTI Act's efficacy. It is not solely a government initiative but also reflects the consensus across various segments of society and the judiciary. The Bharatiya Janata Party (BJP) government's commitment to strengthening the RTI Act is evidenced by initiatives such as the introduction of a 24-hour portal and a mobile application for filing RTIs round the clock, 365 days a year as part of the Digital India initiative. Additionally, the implementation of Section 4 of the RTI Act, mandating proactive disclosure of information on government websites, signifies a proactive approach towards transparency and accountability.
Looking Ahead: Strengthening Transparency and Accountability
As India navigates the evolving landscape of governance and accountability, the RTI Act remains a cornerstone of its democratic ethos.
In conclusion, the journey of India's Right to Information Act embodies the nation's commitment to inclusive governance and democratic principles. By empowering citizens to exercise their right to information, the Act has catalyzed a paradigm shift in India's governance paradigm, fostering greater accountability and responsiveness. As the country charts its course towards a more transparent and participatory democracy, the RTI Act stands as a beacon of hope and progress, ensuring that the voices of the people remain at the heart of the nation's governance narrative.
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