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The Indian Supreme Court has recently called for comprehensive status reports from the Union government and all state governments. These reports are to cover recent developments relating to vacancies and case backlog in both the Central Information Commission (CIC) and State Information Commissions (SICs).
Central Information Commission: A Brief Overview
Established in 2005 under the Right to Information Act, the Central Information Commission operates as an executive body of the Central Government. The commission comprises a Chief Information Commissioner and up to ten Information Commissioners. The President, aided by a committee featuring the Prime Minister, the Leader of Opposition in the Lok Sabha, and a PM-nominated Union Cabinet Minister, appoints these members.
The CIC’s jurisdiction extends to all Central Public Authorities. Tenure-wise, each commissioner serves a term decided by the Central Government or until they turn 65 years old, whichever comes first. Reappointments are not permitted.
Key Responsibilities of the Central Information Commission
Any person requesting information under the RTI Act, 2005 can lodge complaints with the CIC. If reasonable grounds exist, the Commission can initiate an inquiry (suo-moto power). During these inquiries, the Commission boasts civil court powers concerning summoning and document requisition.
State Information Commissions: An Outline
Similar to the CIC, each SIC is constituted by the corresponding state government. Each commission consists of a State Chief Information Commissioner and up to 10 State Information Commissioners. The Governor appoints these officials on the recommendation of an Appointments Committee headed by the Chief Minister.
Challenges Faced by Information Commissions
Data indicates that the average time taken by the CIC to conclude an appeal or complaint is more than a year (388 days). A recent report disclosed over 2.2 lakh RTI cases pending at Central and State Information Commissions. The report further revealed that government officials face negligible penalties for law violations. Penalties occurred in just 2.2% of resolved cases, despite an analysis indicating about 59% violations that should initiate penalty proceedings.
The CIC currently suffers from three vacancies, despite multiple court directions ordering these to be filled. There’s also been criticisms over the lack of transparency in the selection process for these positions.
Right to Information Act
In 1986, the Supreme Court laid down the foundations for what would eventually become the RTI law via a landmark judgment. This clause granted citizens the right to question government and public utility service providers on essential matters in a practical manner.
The RTI Act, which replaced the Freedom of Information Act 2002, was aimed at expediting services from government agencies by enabling citizens to question delays in application processing or official proceedings. Overall, the act was intended to fight corruption.
Information Accessibility Under RTI Act
Any Indian citizen can seek information from a government authority under the RTI Act. This includes queries related to delayed IT refunds, driving licenses or passports, or specifics of infrastructure projects. Students can also request copies of answer sheets from universities under this act.
The Way Forward
To have a truly functioning democracy, an informed public is crucial. Addressing the issues connected with the RTI Act will enable it to meet society’s information needs effectively. The role of Information Commissions has become even more critical in the COVID-19 era, ensuring that people can access information on healthcare facilities, social security programs, and delivery of essential goods and services.
The Supreme Court, in a 2019 directive, tackled the issue of vacancies across Central and State Information Commissions by issuing directions for transparent and time-bound appointment processes. It also highlighted the need for urgent digitization of records and effective record management, especially in the light of the current lockdown where remote access to records is crucial.