Editorial 3rd Quarter 2019

                 FIRE MAGAZINE- EDITORIAL- AUGUST 2019

             Chief Editor

                                                                                                    

   Thota Hanumaiah

Amendment to RTI Act is nothing but subversion of the RTI regime aimed at diluting the powers and functions of the information commission making it toothless.

The right to information (amendment) act, 2019 gives the central government the powers to set the salaries and the service conditions of the information commissioners at the centre and state levels. This move of the government has provoked protests from all walks of people, in particular from the activists of RTI and opposition parties because, the amendments undermine the independence of the RTI watch Dog, by making it subordinate to the executive.

What the new amendments mean for Right to Information Act.?

A. The government of India says it is a statutory body and No fixed tenures or salaries.

      The amendments have done away with the fixed tenure of five years for the chief information commissioner (CIC) and the information commissioners. Instead of that, they will serve for a tenure determined by the central government. Also, the centre can now determine the salary of the CIC and ICs, which is currently bench marked with the salary of the Chief Election Commissioner (CEC) and the election commissioners, respectively, which in turn is bench marked with the salary of supreme court Judge amounting to Rs. 2.5 Lakh per month, along with a monthly allowance of Rs. 34,000 and the usual perks like rent free furnished housing and 200 liters of fuel every month.

After the amendments, the government has the power to fix the salary, which could be lower since, the amendment renders the information commission a statutory body unlike the EC, which is a constitutional body. However, the current incumbents’ salaries will not be affected by the amendment.

B. Centre to decide appointments even for state CIC and ICs.

 Currently, the CIC and ICs are chosen by a three member panel of the PM, the leader of opposition or leader of the largest opposition party in the Lok Sabha and a cabinet minister nominated by the prime minister. Similarly, the state chief information commissioners (SCIC) and state information commissioners (SICs) are chosen by a three member panel of the CM, the states leader of opposition or the leader of largest opposition party in the state assembly and a state cabinet minister nominated by the CM.

The amendments give the power to appoint and decide the term as well as the salary of SCICs and SICs to the centre by which it nullifies the independence of the state legislatures. Even the CIC and ICs will serve at the pleasure of the government, raising the possibility that they would be more interested in ensuring the longevity of their tenures rather than serving the citizen’s interests.

C. Extended tenure possible.

Current rules stipulate that no CIC, IC, SCIC, SIC can serve more than one term, which is for a maximum period of 5 years or the age of 65 years, whichever is earlier. For ICs and SICs, if one of them is nominated to the post of CIC or SCIC, his/ her total tenure as both IC and CIC or SIC and SCIC cannot exceed 5 years. Since the amended act gives the government the power to fix the tenures, there is every likelihood that an incumbent seen as pliable or “friendly” to the centre may get to serve more than one term.

D. Also, the termination is in centre’s hands!

  If the tenure of the CIC, IC, SCIC and, SIC are to be fixed by the centre, it may follow that their removal from office may also be dependent on the centre, where as in the original act, the CIC and IC May be removed by the president and the state governor in the case of SCIC and SIC, after an inquiry by the supreme court, finds reason for their dismissal from office.

       It is a retrograde step and there is a dire need to repeal it.

 

Thota Hanumaiah

Chief Editor.