Transparency? Modi govt "refused" to divulge information on Lokpal selection process

Counterview Desk
The National Campaign for Peoples' Right to Information (NCPRI), in a letter to the Lokpal Selection Committee, which consists of Prime Minister Narendra Modi as its chairperson, and members, chief justice Ranjan Gogoi, Lok Sabha speaker Sumitra Mahajan, and eminent jurist Shri Mukul Rohatgi, has taken strong exception to alleged lack of transparency in the selection of chair and members of the Lokpal.
Appointed in March 2019, based on the recommendations made by the selection committee, chair and members of the Lokpal were appointed, says NCPRI, under the Lokpal & Lokayuktas (L&L) Act, 2013, which states that “the selection committee shall regulate its own procedure in a transparent manner for selecting the Chairperson and Members of the Lokpal.”
"However", contends the letter, "There appears to be no information in the public domain about any process put in place by the selection committee in accordance with section 4(4) of the law. Further, despite the passage of nearly two months since the appointment of chair and members of the Lokpal, relevant information about the selection process has not been made available to people."
"Further", continues the letter, "Information sought under the Right to Information (RTI) Act, including names of applicants, names of candidates recommended by the search committee and minutes of selection committee meetings, has been denied to citizens."
Signed by senior RTI activists Anjali Bhardwaj, Shekhar Singh, Shailesh Gandhi, Nikhil Dey, Venkatesh Nayak, Pankti Jog, Pradip Pradhan, Rakesh Dubbudu, and others, the letter urges the committee to take immediate steps to make public the procedure adopted, if any, to ensure transparency in the selection process as envisaged in section 4(4) of the L&L Act.

Text of the letter:

The Lokpal & Lokayuktas Act 2013 was enacted to set up an independent and empowered anti-corruption institution to tackle cases involving allegations of corruption against public servants, including high level functionaries. We are writing to express our deep concern about the lack of transparency in the process of selection of the Chairperson and Members of the Lokpal.
Sub-section 4 of section 4 of the L&L Act mandates that the Lokpal Selection Committee should regulate its procedure in a transparent manner. The provision states that, “(4) The Selection Committee shall regulate its own procedure in a transparent manner for selecting the Chairperson and Members of the Lokpal.”
Unfortunately, there appears to be no information in the public domain about any process put in place by the Selection Committee in accordance with section 4(4) of the law. Lack of transparency, despite the statutory provision in the L&L Act, was highlighted in the contempt petition filed before the Supreme Court by Common Cause. The bench headed by the Hon’ble Chief Justice of India, in its order dated March 7, 2019, held that it was the Court’s considered view that no direction should be issued in this regard and that the matter should be left for determination by the Selection Committee.
The Chair and Members of the Lokpal were subsequently appointed in March 2019. Despite the passage of nearly two months, relevant information about the selection process has not been made available to people. Further, information sought under the Right to Information Act, including names of applicants, names of candidates recommended by the Search Committee and minutes of Selection Committee meetings, has been denied to citizens.
Minutes of meetings of the selection panel were denied stating, “as regards the minutes of the meetings it is submitted that the authorship of such documents which in level dignitaries does not vest in the Department of Personnel & Training and same have been shared as secret documents. Thus copies of the said documents cannot be provided...”
The need for transparency in the appointment process of oversight bodies has been upheld by the Supreme Court in several cases. In February 2019, the Court gave a significant judgment to ensure transparency in the appointment of information commissioners under the RTI Act. It directed the proactive disclosure of details of the selection process, including criteria adopted for short-listing.
Opacity in the process of appointments erodes public trust in institutions. We urge the committee to take immediate steps to make public the procedure adopted, if any, to ensure transparency in the selection process as envisaged in section 4(4) of the L&L Act. Further, we request the committee to ensure that all relevant information related to the appointment of the Chair and Members of the Lokpal made in March 2019, including particulars of applicants, shortlisting criteria, minutes of meetings of the Search and Selection Committee and material showing how the selected candidates fulfil the eligibility criteria, also be placed in the public domain to enable scrutiny of the appointment process.
We hope you will urgently take note of the issues highlighted above and take appropriate action.

Comments

Savarkar 'criminally betrayed' Netaji and his INA by siding with the British rulers

By Shamsul Islam* RSS-BJP rulers of India have been trying to show off as great fans of Netaji. But Indians must know what role ideological parents of today's RSS/BJP played against Netaji and Indian National Army (INA). The Hindu Mahasabha and RSS which always had prominent lawyers on their rolls made no attempt to defend the INA accused at Red Fort trials.

Delhi HC rules in favour of retired Air Force officer 'overcharged' for Covid treatment

By Rosamma Thomas* In a decision of May 22, 2023, the Delhi High Court ruled in favour of petitioner Group Captain Suresh Khanna who was under treatment at CK Birla Hospital, Gurugram, between April 28 and May 5, 2021, for a period of eight days, for Covid-19 pneumonia. The petitioner had to pay Rs 3,55,286 as treatment costs, but the Ex-Servicemen Contributory Health Scheme (ECHS) only reimbursed him for Rs 1,83,748, on the basis of government-approved rates.

'Enough evidence' in Indian tradition to support legal basis for same-sex marriage

By Iyce Malhotra, Joseph Mathai, Sandeep Chachra* The ongoing hearing in the Supreme Court on same-sex marriage provides space for much-needed conversations on issues that have hitherto remained “invisible” or engaged with patriarchal locker room humour. We must recognize that people with diverse sexualities and complex gender identities have faced discrimination, stigma and decades of oppression. Their issues have mainly remained buried in dominant social discourse, and many view them with deep insecurities.

Religious divide 'kept alive' with low intensity communalism in Gujarat's cultural capital

By Rajiv Shah A fact-finding report, prepared by the Mumbai-based non-profit, Centre for Study of Society and Secularism (CSSS), has cited the Vadodara Ram Navami violence of March 30 as yet another example of how, after the BJP consolidating its hold on political power in Gujarat post-2002 riots and at the Centre in 2014, the nature of communal riots has changed, underlining, as opposed to high-intensity violence earlier, now riots have become “more sub-radar and at a smaller scale, more localized”.

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Caste, impact on Ayodhya area 'halting' BJP rulers to act against Brij Bhushan Singh

By Vidya Bhushan Rawat* Finally, the #WrestlersProtest has got international attention. The United World Wrestling (UWW), condemning the treatment and detention of wrestlers and expressing its disappointment over the lack of results of the investigations against Brij Bhushan Singh, accused of sexually harassing women wrestlers, has urged the "relevant authorities to conduct a thorough and impartial investigation."

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Unlike other revolutionaries, Hindutva icon wrote 5 mercy petitions to British masters

By Shamsul Islam* The Hindutva icon VD Savarkar of the RSS-BJP rulers of India submitted not one, two,or three but five mercy petitions to the British masters! Savarkarites argue: “There are no evidences to prove that Savarkar collaborated with the British for his release from jail. In fact, his appeal for release was a ruse. He was well aware of the political developments outside and wanted to be part of it. So he kept requesting for his release. But the British authorities did not trust him a bit” (YD Phadke, ‘A complex Hero’, "The Indian Expres"s, August 31, 2004)

76% Odisha govt school infrastructure in dilapidated state, 'undermine' RTE norms

By Our Representative As many as 75.86% (5,421) elementary schools in Odisha do not possess a playground, depriving students of physical activity opportunities. Also, 75.68% (5,408) of schools require minor or major repairing, undermining the norms and standards stipulated in the Right to Education (RTE) Act.

Can India's water management infrastructure address gender vulnerability issues?

By Monami Bhattacharya, Megha Gupta, Mansee Bal Bhargava* The climatic pattern of the earth is evolving and changing for a very long time, but in the recent times spanning this century, the change has been drastic which has raised serious concerns to all. Climate criss is also clearly manifested as gender crisis where women are more vulnerable besides being more voiceless to raise the issue. India is marked as a highly climate-vulnerable nation. In addition, the gender disparity in the patriarchal society seems deeply and naturally ingrained among all.

Search This Blog