The Supreme Court has criticized the delay in appointing Information Commissioners under the RTI Act 2005, highlighting the need for transparency in governance institutions. The Central Information Commission (CIC) has eight vacant positions and 23,000 appeals pending. Challenges include lack of transparency, poor record management, overburdened appeals, poor information quality, and low public awareness.
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The Supreme Court criticized the delay in appointing Information Commissioners under the Right to Information Act 2005.
The Supreme Court criticized the Centre and States for the delay in appointing Information Commissioners, highlighting that the purpose of creating transparency-in-governance institutions would be pointless without people to carry out the duties under the Right to Information (RTI) Act.
The Court noted that the CIC had eight vacant positions for Information Commissioners. At the same time, 23,000 appeals from citizens were pending, seeking information from various government departments.
The court pointed out that many State Information Commissions have been non-functional since 2020, with some even discontinuing acceptance of RTI petitions.
Supreme Court’s concern regarding appointments to the Information Commissions
The court expressed concern that appointments to Information Commissions are largely being made from a particular section of society, especially from the bureaucracy.
The court highlighted that the entire Commission appears overloaded with candidates from one background, which goes against the spirit of having diversity in the appointments.
It is an independent body established under the Right to Information Act (2005) to promote transparency and accountability in public authorities.
It is composed of a Chief Information Commissioner and up to 10 Information Commissioners, appointed by the President of India based on the recommendations of a selection committee, chaired by the Prime Minister and including the Leader of the Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister.
The Chief Information Commissioner and Information Commissioners serve for a term of 3 years or until reaching 65 years of age, whichever comes first.
They are not eligible for reappointment after completing their term. However, an Information Commissioner may be appointed as the Chief Information Commissioner, provided the combined service period does not exceed five years, including the time served as Information Commissioner.
The President has the authority to remove the Chief Information Commissioner or any Information Commissioner under specific conditions, including being declared insolvent, convicted of an offence involving moral turpitude, engaging in paid employment outside their office, being unfit to continue due to mental or physical infirmity, or acquiring financial or other interests that negatively affect their official duties.
It ensures that citizens can access information from public authorities and investigates complaints and ensures compliance with the Right to Information Act.
The Commission investigates complaints from individuals who have been unable to submit an information request, been denied access, not received a response within a specified time frame, believe fees for accessing information are unreasonable, feel the information provided is incomplete, misleading, or false, or have other issues related to obtaining information under the RTI Act.
The Central Information Commission (CIC) faces numerous challenges, including a lack of transparency in selection criteria for commissioners, poor record management, overburdened with appeals, delay in second appeals, poor quality of information provided by Central Public Information Officers (CPIOs), and low public awareness of the RTI Act.
These issues originated from administrative bottlenecks and limited resources.
The CIC faces concerns over the appointment of former bureaucrats, overburdened with appeals, and the lack of a time limit for disposing of second appeals.
The quality of information provided by CPIOs is often unsatisfactory.
The CIC should fill vacancies on time through a merit-based selection process, strengthen its infrastructure, staff, and resources through adequate budgetary allocation, enforce orders strictly through legal or administrative measures, protect PIOs from harassment, and increase public awareness of the RTI Act.
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PRACTICE QUESTION Q.Analyze the role of the Right to Information Act (RTI Act) in promoting good governance and citizen participation in India. 150 words |
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