Skip to main content

Information Commissions: Apex Court seeks status of vacancies from Centre, 8 states

By Our Representative
The Supreme Court (SC) has directed the Government of India and eight state governments to file a status report regarding compliance with the judgment it gave on February 15, 2019 in a petition filed by senior Right to Information activist (RTI) activist Anjali Bhardwaj, Commodore (Retd) Lokesh Batra and Amrita Johri regarding vacancies in information commissions set up under the RTI Act. The next hearing is scheduled for December 16.
An apex court bench of justices SA Bobde, S Abdul Nazeer and Krishna Murari gave the order after hearing a petition filed in September 2019, represented through senior advocate Prashant Bhushan and advocates Pranav Sachdeva and Rahul Gupta. They argued argued that the Supreme Court directions on appointing information commissions had not been complied with by the Centre and eight states – Andhra Pradesh, Maharashtra, Odisha, Telangana, West Bengal, Karnataka, Kerala and Gujarat.
On February 15, 2019, the SC gave directions regarding timely and transparent appointment of information commissioners, insisting, the objective of the RTI Act is to ensure time-bound access to information and, therefore, commissions should dispose of appeals/complaints in a timely manner. In order to achieve this, the SC held, all information commissions should have adequate number of commissioners based on the workload.
SC opined that where there are large backlogs of appeals/complaints, the commissions should function at full strength i.e. one chief and 10 information commissioners. It asked Central and state governments to make appointments to commissions in a timely and transparent manner, even as directing them to make public the names of the members of the search and selection committees, the agenda and minutes of committee meetings, the advertisement issued for vacancies, particulars of applicants, names of shortlisted candidates, file notings and correspondence related to appointments, be placed in the public domain.
Status report has been sought from the Centre and Andhra Pradesh, Maharashtra, Odisha, Telangana, West Bengal, Karnataka, Kerala and Gujarat
Currently four posts of information commissioners in the Central Information Commission (CIC) are vacant and more than 33,000 appeals/complaints are pending, says a communique issues on behalf of the petitioners. On the directions of the apex court, the Central government issued an advertisement in January 2019, inviting applications for filling the 4 vacancies. “However, the appointments have not been made till date”, the communiqué said. 
“Further”, the communiqué said, “The central government has failed to follow the directions of the Court in terms of transparency in the appointment process. The government has not disclosed the composition of the search committee or selection committee, details of applications received in response to the advertisement or the criteria adopted for shortlisting of applications. 
In fact, the Department of Personnel & Training (DoPT) denied access to this information under the RTI Act, claiming that these were exempt under section 8(1)(i) which deals with cabinet papers and is not related to such matters.”
The apex court, referring to large number of pending cases in the Maharashtra State Information Commission (SIC), said, it should function at full strength of 11 commissioners (chief and 10 information commissioners). “However, the state government has failed to make appointments. Currently the SIC is functioning with only 5 commissioners even as more than 50,000 appeals/complaints were pending as of September 30, 2019”, the communiqué said.
“The SIC of Andhra Pradesh has been functioning without a chief ever since an independent commission was set up for the state in 2017 following the bifurcation of Andhra Pradesh and Telangana”, it added.

Comments

TRENDING

US govt funding 'dubious PR firm' to discredit anti-GM, anti-pesticide activists

By Our Representative  The Alliance for Sustainable & Holistic Agriculture (ASHA) has vocally condemned the financial support provided by the US Government to questionable public relations firms aimed at undermining the efforts of activists opposed to pesticides and genetically modified organisms (GMOs) in India. 

Modi govt distancing from Adanis? MoEFCC 'defers' 1500 MW project in Western Ghats

By Rajiv Shah  Is the Narendra Modi government, in its third but  what would appear to be a weaker avatar, seeking to show that it would keep a distance, albeit temporarily, from its most favorite business house, the Adanis? It would seem so if the latest move of the Ministry of Environment, Forests and Climate Change (MoEFCC) latest to "defer" the Adani Energy’s application for 1500 MW Warasgaon-Warangi Pump Storage Project is any indication.

Bayer's business model: 'Monopoly control over chemicals, seeds'

By Bharat Dogra*  The Corporate Europe Observatory (CEO) has rendered a great public service by very recently publishing a report titled ‘Bayer’s Toxic Trails’ which reveals how the German agrochemical giant Bayer has been lobbying hard to promote glyphosate and GMOs, or trying to “capture public policy to pursue its private interests.” This report, written by Joao Camargo and Hans Van Scharen, follows Bayer’s toxic trail as “it maintains monopolistic control of the seed and pesticides markets, fights off regulatory challenges to its toxic products, tries to limit legal liability, and exercises political influence.” 

105,000 sign protest petition, allege Nestlé’s 'double standard' over added sugar in baby food

By Kritischer Konsum*    105,000 people have signed a petition calling on Nestlé to stop adding sugar to its baby food products marketed in lower-income countries. It was handed over today at the multinational’s headquarters in Vevey, where the NGOs Public Eye, IBFAN and EKO dumped the symbolic equivalent of 10 million sugar cubes, representing the added sugar consumed each day by babies fed with Cerelac cereals. In Switzerland, such products are sold with no added sugar. The leading baby food corporation must put an end to this harmful double standard.

Militants, with ten times number of arms compared to those in J&K, 'roaming freely' in Manipur

By Sandeep Pandey*  The violence which shows no sign of abating in the ongoing Meitei-Kuki conflict in Manipur is a matter of concern. The alienation of the two communities and hatred generated for each other is unprecedented. The Meiteis cannot leave Manipur by road because the next district North on the way to Kohima in Nagaland is Kangpokpi, a Kuki dominated area where the young Kuki men and women are guarding the district borders and would not let any Meitei pass through the national highway. 

'Flawed' argument: Gandhi had minimal role, naval mutinies alone led to Independence

Counterview Desk Reacting to a Counterview  story , "Rewiring history? Bose, not Gandhi, was real Father of Nation: British PM Attlee 'cited'" (January 26, 2016), an avid reader has forwarded  reaction  in the form of a  link , which carries the article "Did Atlee say Gandhi had minimal role in Independence? #FactCheck", published in the site satyagrahis.in. The satyagraha.in article seeks to debunk the view, reported in the Counterview story, taken by retired army officer GD Bakshi in his book, “Bose: An Indian Samurai”, which claims that Gandhiji had a minimal role to play in India's freedom struggle, and that it was Netaji who played the crucial role. We reproduce the satyagraha.in article here. Text: Nowadays it is said by many MK Gandhi critics that Clement Atlee made a statement in which he said Gandhi has ‘minimal’ role in India's independence and gave credit to naval mutinies and with this statement, they concluded the whole freedom struggle.

Can voting truly resolve the Kashmir issue? Past experience suggests optimism may be misplaced

By Raqif Makhdoomi*  In the politically charged atmosphere of Jammu and Kashmir, election slogans resonated deeply: "Jail Ka Badla, Vote Sa" (Jail’s Revenge, Vote) and "Article 370 Ka Badla, Vote Sa" (Article 370’s Revenge, Vote). These catchphrases dominated the assembly election campaigns, particularly across Kashmir. 

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.

Will Bangladesh go Egypt way, where military ruler is in power for a decade?

By Vijay Prashad*  The day after former Bangladeshi Prime Minister Sheikh Hasina left Dhaka, I was on the phone with a friend who had spent some time on the streets that day. He told me about the atmosphere in Dhaka, how people with little previous political experience had joined in the large protests alongside the students—who seemed to be leading the agitation. I asked him about the political infrastructure of the students and about their political orientation. He said that the protests seemed well-organized and that the students had escalated their demands from an end to certain quotas for government jobs to an end to the government of Sheikh Hasina. Even hours before she left the country, it did not seem that this would be the outcome.