Central RTI watchdog headless again: Pendency 34,500 up from 27,400 in a year

By Anjali Bhardwaj, Amrita Johri*
The Central Information Commission (CIC) is without a Chief Information Commissioner once again. Chief Information Commissioner of the CIC, Sudhir Bhargava, retired on January 11, 2020. It was a routine retirement and his date of retirement was known from the time Bhargava took over as Chief. Despite this, the government failed to appoint the next Chief Information Commissioner in a timely manner and has allowed the CIC to become headless.
At present 5 posts of information commissioners in the CIC, including that of the Chief, are vacant. As of January 15, 2020, the number of pending Right to Information (RTI) cases is nearly 34,500 up from 27,364 on January 1, 2019. Of the 5 vacancies in the CIC, 4 have persisted since November 2018.
In its February 2019 judgment on a Public Interest Litigation (PIL) regarding timely and transparent appointment of information commissioners, the Supreme Court had directed that vacancies in information commissions should be filled without delay by initiating the process of appointment one to two months prior to the date on which the vacancy is occurring to minimize the time lag between the occurrence of a vacancy and filling up of the vacancy.
The court had also held that “in case CIC does not have Chief Information Commissioner or other Commissioners with required strength, it may badly affect the functioning of the Act which may even amount to negating the very purpose for which this Act came into force” (judgment dated February 15, 2019 in WPC 436 of 2018, Anjali Bhardwaj & Ors Vs. Union of India & Ors).
On the directions of the Supreme Court even though an advertisement was issued inviting applications for 4 vacancies in January 2019, these have not been filled till date. In September 2019, a fresh petition was filed to the Supreme Court regarding the failure of the central government and some state governments to fill vacancies in information commissions as per the February 2019 directions of the Supreme Court.
Taking cognisance of the vacancies in the CIC, in its order dated 6.11.2019, the SC directed the Union of India to submit a status report (case reference M.A. No. 1979 of 2019). The government filed its report in a sealed cover and it was only after the next hearing that a copy of the report was provided to the petitioners.
The report shows that in response to the January 2019 advertisement of the 4 vacancies, 256 applications were received and when the search committee met in November 2019, they decided to re-issue the advertisement in light of the amendments made to the RTI Act in July 2019 regarding the tenure, salary and terms of service of information commissioners. The report notes that new advertisements for the 4 existing vacancies and another advertisement for the post of the chief were issued on December 12, 2019.

None of the vacancies in the Central Information Commission have been filled since May 2014 without people having to approach courts

In its order dated December 16, 2019, the Supreme Court directed the government to place in the public domain the names of the search committee and complete the process of appointments within 3 months.
In flagrant violation of the February 2019 judgment of the Supreme Court, information regarding the number and particulars of applications received, the names of members of the selection committee or the criteria adopted for shortlisting applications has not been placed in the public domain.
There has been a repeated and deliberate effort by the BJP government to undermine the institution of the CIC to weaken the RTI Act. This is borne out by the consistent failure of the government to fill vacancies in the commission unless the court intervenes and by the recent regressive amendments made to the RTI Act to undermine the independence of the CIC.
Since May 2014, every time the Chief Information Commissioner has retired, there has been a gap (of up to nine months) between the retirement of the incumbent and the appointment of the new chief and people have had to approach courts to compel the government to fill the vacancy.
The post of the Chief was vacant between August 2014 and April 2015 when Rajiv Mathur retired. The post again fell vacant for 1 month in December 2015 when Vijay Sharma retired and subsequently again in December 2018 when RK Mathur retired.
This is the fourth time the post of the chief has fallen vacant since the general elections of 2014. In fact, none of the vacancies in the CIC have been filled since May 2014 without people having to approach courts.
---
*With Satark Nagrik Sangathan

Comments

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

Nalanda mahavihara By Rajiv Shah 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".

The golden crop: How turmeric is transforming women's lives in tribal India

By Vikas Meshram* When the lush green fields of turmeric sway in the tribal belt of southern Rajasthan, Madhya Pradesh, and Gujarat, it is not merely a spice crop — it is the golden glow of self-reliance. In villages where even basic spices once had to be bought from the market, the very soil today is yielding a prosperity that has transformed the lives of thousands of families. At the heart of this transformation is the initiative of Vaagdhara, which has linked turmeric with livelihoods, nutrition, and village self-governance — gram swaraj.

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.

Beyond the election manifesto: Why climate is now a kitchen table issue

By Vikas Meshram* March has long been a month of gentle transition, the period when winter softly retreats and a mild warmth signals nature’s renewal. Yet, in recent years, this dependable rhythm has been disrupted. This year, since the beginning of March, temperatures across vast swathes of the country have shattered previous records, soaring to between 35 and 40 degrees Celsius in some regions. This is not a mere fluctuation in the weather; it is a serious and alarming indicator of climate change .

As India logs historic emissions drop, expert warns govt against 'policy blunders'

By A Representative In a significant development that underscores the rapid transformation of India's energy landscape, new data reveals the country recorded its largest drop in power sector emissions in 2025. However, a top power sector analyst has urged the Union Government to view this "silver lining" as a stark warning against continuing to invest in new coal, large hydro, and nuclear projects, which he argues could become "redundant" stranded assets.

The selective memory of a violent city: Uttam Nagar and the invisible victims of Delhi

By Sunil Kumar* Hundreds of murders take place in Delhi every year, yet only a few incidents become topics of nationwide discussion. The question is: why does this happen? Today, the incident in Uttam Nagar has become the centre of national debate. A 26-year-old man, Tarun Kumar, was killed following a dispute that reportedly began after a balloon hit a small child. In several colonies of Delhi, slogans such as “Jai Shri Ram” and “Vande Mataram” are being raised while demanding the death penalty for Tarun’s killers. As a result, nearly 50,000 residents of Hastsal JJ Colony are now living in what resembles a state of confinement.

NGO Arunoday’s journey of support and struggle: Standing firm with the distressed

By Bharat Dogra It was a situation of acute distress. Nearly ten thousand people returning to their villages during the COVID-19 pandemic had gathered at the border of Uttar Pradesh and Madhya Pradesh near Kanha. Exhausted after walking long distances with little or no food, they were desperate for relief. Yet entry could not be granted without completing essential records and complying with pandemic rules.

How wars are undermining climate promises even as accelerating global warming

By N.S. Venkataraman* Since 1995, global climate conferences have convened annually, with the 29th Conference of Parties (COP29) held in November 2024. These gatherings attract world leaders and generate extensive media coverage, raising hopes of decisive strategies to address the climate emergency. Yet, despite lofty promises and ambitious targets, the crisis remains unabated.

Jerusalem's Al Aqsa mosque under siege: A test of Muslim solidarity and Palestine’s future

By Syed Ali Mujtaba* In the cacophony of Israel’s and the United States’ attack on Iran, one piece of news has been buried under the debris of war: Israel has closed the Al Aqsa Mosque in Jerusalem to Palestinian worshippers during the holy month of Ramadan. The closure, announced as indefinite, affects the third most revered mosque in the Islamic world.

Search This Blog