NCPRI writes to PM and Leader of opposition on issues of Transperency

NCPRI Letter 

T-220, K-1, Savitri Nagar, Malviya Nagar, New Delhi- 110017

ncpri.india@gmail.com, 9810273984

 

July 11, 2024

To,

Mr. Narendra Modi

Prime Minister &

Chairperson of the Selection Committee set up under Section 12(3) of the RTI Act, 2005

 

Mr. Rahul Gandhi,

Leader of Opposition in the Lok Sabha &

Member of the Selection Committee set up under Section 12(3) of the RTI Act, 2005

 

 

 

Dear Mr. Modi and Mr. Gandhi,

 

Subject: Regarding appointment of information commissioners in the Central Information Commission

 

The National Campaign for Peoples’ Right to Information (NCPRI) is extremely concerned to note that the Central Information Commission (CIC) is functioning with only the Chief Information Commissioner and two information commissioners. Eight posts of information commissioners are lying vacant, even as the backlog of appeals/complaints currently stands at nearly 23,000 and is steadily increasing.

 

The RTI law is one of the most empowering legislations for the citizens of the country. It is used extensively by people, especially the poor and marginalized, to access information about their rights. Under the RTI Act, information commissions are the final appellate authority and are mandated to safeguard and ensure the practical realisation of people’s fundamental right to information. In its February 2019 judgment[1], the Supreme Court observed that to ensure effective implementation of the Right to Information Act, it is imperative to have properly functioning information commissions with adequate number of commissioners in accordance with the workload. The Court had directed the Central and State Governments to ensure timely and transparent appointment of information commissioners.

 

It is extremely worrying that for several months the Central Information Commission has been functioning at a reduced capacity. The concomitant increase in backlog of cases has led to people having to wait for a long time for disposal of their appeals/complaints. This negates the very purpose of the RTI Act, which is to ensure time-bound access to information.

 

Recently, in October 2023, while hearing an application regarding vacancies in information commissions, the Supreme Court noted[2] that “the State governments by failing to fill up the vacancies are ensuring that the right to information which is recognized under an Act of Parliament becomes a dead letter.” The Court directed “all States and the Union government to immediately take steps for filling up the vacancies in the posts of Information Commissioners in the SICs and CIC respectively”.

 

We urge you to ensure that the vacancies in the Central Information Commission are filled immediately by appointing information commissioners. Further, it must be ensured that the appointments are made in a transparent manner as per the directions given by the Supreme Court in its February 2019 judgment.

 

Thank you,

List of signatories on behalf of NCPRI:

 

 

 

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[1] Judgment dated February 15, 2019 in WP(C) 436 of 2018 (Anjali Bhardwaj and Ors. Vs. Union of India and Ors.) - https://www.snsindia.org/wp-content/uploads/2022/04/Judgment.pdf

[2] Order dated October 30, 2023 in MA No.1979/2019 in W.P.(C) No.436/2018 https://drive.google.com/file/d/1jQ0pzLsWYTAQUNpgD17AuBfOT3wSuU-w/view?usp=sharing