The Week India – August 04, 2019

(coco) #1

44 THE WEEK • AUGUST 4, 2019


CONTROVERSY
RIGHT TO INFORMATION ACT

ON JULY 19, 2018, Union Minister
of State Jitendra Singh was set to
introduce the bill to amend the Right
to Information (RTI) Act, 2005, in
the Rajya Sabha. The amendment
would have allowed the Centre to
fix the tenure and salaries of Central
and state information commission-
ers, thereby changing their status
that was at par with that of Supreme
Court judges and election com-
missioners. But RTI activists took
to the streets, saying the proposed
amendments were an assault on
the transparency law. Opposition
parties, too, voiced their protest. And,
the government blinked, not wanting
to make it a poll plank in the last year
of its term.
This July 19, Singh introduced the
same bill in the Lok Sabha, despite
protests from the opposition. This
was no coincidence, but the Modi
government’s way of showing that
with the massive mandate it got in
the recent polls, it could bring in
legislations it deemed fit. “The earlier
act, brought in haste, was clumsy,”
said Singh. “We are making changes
and strengthening transparency.”
On July 22, the bill was passed in
the Lok Sabha. If the Rajya Sabha,
too, gives a go-ahead, the RTI Act will
be amended for the first time. But it
will not be easy as the opposition will
push it to be referred to the standing

committee, which is, ironically, yet to
be constituted.
The 14-year-old RTI movement,
which gave people power to question
the authorities, had begun to show
signs of slowdown as the authorities
were stonewalling information. Even
the mandatory proactive disclosure
of information on government web-
sites, which could reduce RTI appli-
cations by over 60 per cent, was not
being done. More than 80 activists
had been killed in the past few years.
Even the United Progressive Alliance
government, which first brought in
the act, tried to amend it, but backed
off owing to protests.
“There are several problem areas,”
said activist Nikhil Dey, “but the
government’s move to bring these
amendments show that even this
RTI Act was enough to scare them.”
Anjali Bhardwaj, co-convener of the
National Campaign for People’s Right
to Information, said the government
wants to create caged parrots in the
Central Information Commission
(CIC). “The government does not
want to give information as people
are asking questions on demone-
tisation and jobs,” said Bhardwaj,
founding member of Satark Nagrik
Sangathan, adding it had stone-
walled information in the Rafale deal
and about the prime minister’s for-
eign tours and educational degrees.

The opposition sought to know
why the bill was not put up for public
discussion before its introduction in
the Lok Sabha. UPA chairperson So-
nia Gandhi, whose National Advisory
Council was instrumental in steering
the 2005 bill, said that the Central
government saw the RTI Act as a
“nuisance” and wanted to destroy the
status and independence of the CIC.
As per the amended act, the ten-
ure, salary and conditions of service
of all information commissioners
will be “prescribed by the Cen-
tral government”. Activists alleged
that this allows the government to
appoint and remove commissioners
at will. The amendments pertain to
section 13, which fixed the tenure of
the chief information commissioner
and information commissioners at
five years or till they attained the age

An amended RTI Act will allow government
to appoint and remove information
commissioners at will, allege activists

BY PRATUL SHARMA


Diminishing


transparency


NO TO A DILUTED ACT


A protest against the RTI Act
amendment at the Constitution
Club in New Delhi
Free download pdf