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

Gujarat's high profile GIFT city 'fails to attract' funds, India's FinTech investment dips

By Rajiv Shah  While the Narendra Modi government may have gone out of the way to promote the Gujarat International Finance Tec-City (GIFT City), sought to be developed as India’s formidable financial technology hub off the state capital Gandhinagar, just 20 km from Ahmedabad, a recent report , prepared by Tracxn Technologies suggests that neither of the two cities figure in the list of top FinTech funding receiving centres.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah*   The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Why Ramdev, vaccine producing pharma companies and government are all at fault

By Colin Gonsalves*  It was perhaps Ramdev’s closeness to government which made him over-confident. According to reports he promoted a cure for Covid, thus directly contravening various provisions of The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954. Persons convicted of such offences may not get away with a mere apology and would suffer imprisonment.

Malayalam movie Aadujeevitham: Unrealistic, disservice to pastoralists

By Rosamma Thomas*  The Malayalam movie 'Aadujeevitham' (Goat Life), currently screening in movie theatres in Kerala, has received positive reviews and was featured also on the website of the British Broadcasting Corporation. The story is based on a 2008 novel by Benyamin, and relates the real-life story of a job-seeker from Kerala tricked into working in slave conditions in a goat farm in Saudi Arabia.

Decade long Modi rule 'undermines' people's welfare and democracy

By Ram Puniyani*  Modi has many ploys up his sleeves when it comes to propaganda. On one hand he is turning many a pronouncements of Congress in the communal direction, on the other he is claiming that whatever has been achieved during last ten years of his rule is phenomenal, but it is still a ‘trailer’ and the bigger things are in the offing as he claims to be coming to power yet again in 2024. While his admirers are ga ga about his achievements, the truth lies somewhere else.

Belgian report alleges MNC Etex responsible for asbestos pollution in Madhya Pradesh town Kymore: COP's Geneva meet

By Our Representative A comprehensive Belgian report has held MNC Etex , into construction business and one of the richest, responsible for asbestos pollution in Kymore, an industrial town in in Katni district of Madhya Pradesh. The report provides evidence from the ground on how Kymore’s dust even today is “annoying… it creeps into your clothes, you have to cough it”, saying “It can be deadly.”

Plagued by opportunism, adventurism, tailism, Left 'doesn't matter' in India

By Harsh Thakor*  2024 elections are starting when India appears to be on the verge of turning proto-fascist. The Hindutva saffron brigade has penetrated in every sphere of Indian life, every social order, destroying and undermining the very fabric of the Constitution.

Can universal basic income help usher in sustainable egalitarianism in India?

By Prof RR Prasad*  The ongoing debate on application of Article 39(b) in the Supreme Court on redistribution of community material resources to subserve common good and for ushering in an egalitarian society has opened new vistas wherein possible available alternative solutions could be explored.

Ahmedabad's Muslim ghetto voters 'denied' right to exercise franchise?

By Tanushree Gangopadhyay*  Sections of Gujarat Muslims, with a population of 10 per cent of the State, have been allegedly denied their rights to exercise their franchise in the Juhapura area of Ahmedabad.

Press freedom? 28 journalists killed since 2014, nine currently in jail

By Kirity Roy*  On the eve of the Press Freedom Day on 3rd of May, the Banglar Manabadhikar Suraksha Mancha (MASUM) shared its anxiety with the broader civil society platforms as the situation of freedom of any form of expression became grimmer in India day by day. This day was intended to raise awareness on the importance of freedom of press and to pay tribute to pressmen who lost their lives in the line of duty.