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RTI Act amendment: Former information commissioners, activists criticise government move

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RTI-Act

[vc_row][vc_column][vc_column_text]A number of former information commissioners and RTI activists have come out strongly against the move by the central government to amend the Right to Information Act, 2005, saying it will reduce the law to “another toothless tiger”.

The move allows the government to fix the term of service of the information commissioners and their salaries.

The RTI Act, enacted in 2005, defined both the time of service and the status of information commissioners. It lays down that information commissioners — both state and central — will have a tenure of five years or till they attain the age of 65 years (whichever comes first). 

The salaries of the central information commissioners were kept equivalent to that of the chief election commission while those of state information commissioners equivalent to the chief secretary of the state.

The Right to Information (Amendment) Bill, 2019, which was introduced in the Lok Sabha on Friday, July 20, does away with both the tenure and salary structure of information commissioners and gives the central government carte blanche in deciding both.

Once appointed, information commissioners, by virtue of the fixed tenure, could not be removed by the Governor or the President except in cases of moral turpitude or insanity. RTI activists said by removing this clause, information commissioners will be left to the whims and fancies of the government.

The amendments are being viewed as implying that, in effect, the terms of appointment, salaries and tenures of the Chief Information Commissioners and Information Commissioners can be decided on a case-to-case basis by the government. 

The Opposition has argued that this will take away the independence of the RTI authorities. Congress Leader in Lok Sabha Adhir Ranjan Chowdhury said the Bill is a “threat to the independence” of the Central Information Commissioner, while Shashi Tharoor called it an “RTI elimination Bill” that removes the organisation’s independence. Members of the Trinamool Congress, DMK and AIMIM, too, protested. 

The government had tried to introduce the amendments last year too, but had to withdraw the Bill because of protests from the Opposition.

The Bill amends Sections 13 and 16 of the Right to Information (RTI) Act, 2005 which deal with the term and salaries of the Chief Information Commissioner and Information Commissioners at the centre and state level respectively. The Sections originally set their term at five years (or until the age of 65, whichever is earlier). The amendment proposes that the appointment will be “for such term as may be prescribed by the Central Government”. 

Again, the original Sections stated that salaries, allowances and other terms of service of “the Chief Information Commissioner shall be the same as that of the Chief Election Commissioner”, and those of an Information Commissioner “shall be the same as that of an Election Commissioner”. The amendment proposes that the salaries, allowances and other terms of service of the Chief Information Commissioner and the Information Commissioners “shall be such as may be prescribed by the Central Government”.

The statement of objects of the amendment Bill says “the mandate of Election Commission of India and Central and State Information Commissions are different. Hence, their status and service conditions need to be rationalised accordingly”. While introducing the Amendment Bill, Minister of State in the PMO Jitendra Singh said, “Probably, the then government of the day, in a hurry to pass the RTI Act, 2005, overlooked a lot of things. The Central Information Commissioner has been given the status of a Supreme Court judge but his judgments can be challenged in the High Courts. How can that exist? Besides, the RTI Act did not give the government rule-making powers. We are merely correcting these through the amendment.”

The Bill leading to the original Act had been discussed by the Parliamentary Committee on Personnel, Public Grievances, Law and Justice, which included then BJP members Ram Nath Kovind (now the President), Balavant Apte, and Ram Jethmalani. Originally, the salaries of the Chief Information Commissioners were proposed to be equivalent to those of Secretaries to the Government of India, and the salaries of the Information Commissioners were to be equivalent to those of Additional Secretaries or Joint Secretaries to the Union government. The Parliamentary Committee headed by E M S Natchiappan submitted its report in 2005 and said, “The Committee feels that… it will be desirable to confer on the Information Commissioner (the designation was later renamed CIC) and Deputy Information Commissioners (now ICs), status of the Chief Election Commissioner and the Election Commissioner, respectively. The Committee, accordingly, recommends insertion of a suitable provision in the clause to this effect.”

While introducing the Bill, the government had cited that as orders of the information commissioners are open for challenge in high courts, equivalence of the information commissioners to the judges of high court was not right.

RTI activist Vijay Kumbhar dismissed the arguments of the central government as weak. A report in The Indian Express quoted him as saying: “Back in 2018, the salary structures of 19 quasi judicial administrative commissions were brought on par with that of Supreme Court and High Court judges. Interestingly, salaries of the judges were hiked six months after that. Why were the information commissioners left out then?”

The orders of the various quasi judicial bodies, Kumbhar said, could be challenged in lower courts. “So, the government’s argument about the applicability of the salary structure of high courts to information commissioners does not stand,” he added.

RTI activists are planning to legally challenge the move.

Pune-based activist Qaneez Sukhrani slammed the move as another attempt by the government to control the RTI Act. “This first amendment will give the government further chance to amend the law,” she said.

Former CIC Shailesh Gandhi told The Hindu that the NDA government has offered no plausible reason as to why it is making these changes nor was there any pre-legislative consultation.

 “The proposed changes to the RTI Act were introduced in complete secrecy without any public disclosure and consultation on draft legislations. The implication is the Centre wants to control the CIC and downgrade the function of State information commissioners (SICs), and that appointments of information commissioners are to be henceforth dictated by political patronage,” Gandhi said.

He said if the amendments were effected, it would weaken democratic institutions as the RTI Act thus far has proved to be the strongest and most effective tool ordinary citizens possess to hold accountable the powers that be.

In a release rejecting the amendments introduced by the NDA government, the National Campaign for Peoples’ Right to Information (NCPRI) demanded that they be withdrawn with immediate effect. “The contents of the draft amendments were not known to MPs, citizens, and the media till the Bill was circulated to members of the Lok Sabha on the eve of its introduction. The Bill seeks to amend the RTI Act to empower the Centre to unilaterally decide the tenure, salary, allowances and other terms of service of information commissioners at the Centre and in the States. The NDA government has done so by wilfully misrepresenting an amendment to a basic feature of the law, as a function of rule-making,” the release said.

It further said the RTI Act provides for a fixed tenure of five years for information commissioners (subject to the age limit of 65 years). “The salaries, allowances, and other terms of service of the chief of the Central Information Commission are the same as that of the Chief Election Commissioner. This is part of the basic structure of the existing law and therefore any amendment to these provisions undermines the basic structure of the RTI.”

Accusing the Central government of usurping the power to decide the tenure, salaries and allowances of SICs, it said the move indicates “the current government’s centralised, and undemocratic decision making.”

The NCPRI accused the Centre of instead sidelining a “wide array of pressing issues” that require the urgent government attention to ensure effective implementation of the RTI Act. These include making time-bound and transparent appointments to fill vacancies in information commissions, addressing the issue of attacks on RTI activists, implementing the Whistle Blowers Protection Act, and addressing the lack of transparency in electoral funding.[/vc_column_text][/vc_column][/vc_row]

2024 Lok Sabha Elections

PM Modi takes a dig at Rahul Gandhi after Congress picks him for Raebareli, says daro mat, bhago mat

PM Modi, speaking at a Lok Sabha election rally in Bengal, said both Rahul Gandhi and Sonia Gandhi had fled their constituencies.

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Prime Minister Narendra Modi today commented for the first time to Congress leader Rahul Gandhi’s announcement of his candidacy for the Raebareli seat. Rahul is making his way towards Raebareli because he is afraid of Amethi seat, according to the PM.

The Prime Minister sneered as he said at a rally in Bengal that today he also want to tell him, Daro Mat (don’t be afraid), Bhaago Mat (don’t run).

Rahul Gandhi has often said, Daro Mat while accusing the BJP government of using investigaticve agencies to terrorise critics and political opponents.

According to Prime Minister Modi, there is no need for an exit poll or opinion survey because Congress would lose by a greater margin than the previous time.

Their tallest leader did not have the guts to fight the polls in Raebareli, Prime Minister Modi added, making reference to Sonia Gandhi. She went away and joined the Rajya Sabha in Rajasthan.

The PM reffered Rahul Gandhi as Shehzaada and said he would lose Wayanad, as he has predicted. He was searching for a second seat because of this. Also, their supporters said that he would battle from Amethi. However, PM Modi said, he is so afraid that he ran to Raebareli to find a way out.

Additionally, he claimed that the I.N.D.I.A bloc is only committed to the voting base of a specific locality.

Speaking out against the TMC and the Left-Congress allience in Bengal, Prime Minister Modi claimed he was not afraid since he had overcome poverty. Getting scared is not in his dictionary. He is determined to work for the country, he said.

Meanwhile, the Amethi-Raebareli decision was attacked by a number of BJP leaders, who claimed it was obvious that Rahul Gandhi knew he couldn’t win Amethi, where Smriti Irani is contesting again following her stunning success in the previous Lok Sabha election.

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2024 Lok Sabha Elections

Lok Sabha elections 2024: Rahul Gandhi to contest from Raebareli, KL Sharma from Amethi

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The Congress party unveiled its list of candidates on Friday, and the party has picked Rahul Gandhi from Raebareli and Kishori Lal Sharma from Amethi has been nominated. After a great deal of speculation regarding the two Uttar Pradesh seats, the announcement was made.

Raebareli and Amethi have both been strongholds for the Congress. Rahul Gandhi lost against BJP leader and Union Minister Smriti Irani in the 2019 Lok Sabha elections from Amethi.

Taking to social media X, Congress announced their decision to field Rahul Gandhi from Raebareli and KL Sharma from Amethi, which was made at a meeting of the Central Election Committee.

Today is the final day to submit nominations for the  fifth phase of the election, which is scheduled to held on May 20th. Both the candidates will file nominations today. 

Priyanka Gandhi praised KL Sharma shortly after the nominees for the two prestigious seats were revealed, stating that his loyalty and dedication will help him win the election.

She wrote X, her family has known Kishori Lal Sharma ji for a very long time. His dedication to serving the public good serves as an example. The Congress Party’s decision to nominate Shri Kishori Lal Ji as an Amethi candidate is a matter of joy. She also said Kishori Lal Sharma will undoubtedly win this election because of his devotion to duty and loyalty.

However, given Union minister Smriti Irani’s success in Amethi in 2019, there is worry that Rahul Gandhi’s change of seat could work in the BJP’s favour. With her impending victory, the senior BJP leader has said that the Congress’s delay was due to cold feet and is prepared to defend the seat.

KL Sharma will contest against Smriti Irani in Amethi in the Lok Sabha elections. While, Rahul Gandhi’s opponent would be Dinesh Pratap Singh, who was named by BJP for Raebareli on Thursday. Singh lost the 2019 Lok Sabha elections to former Congress president Sonia Gandhi.

Meanwhile, Rahul Gandhi  is scheduled to hold a roadshow in Raebareli after filing of nominations. Congress President Mallikarjun Kharge will also visit Raebareli today.

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2024 Lok Sabha Elections

Brij Bhushan Sharan Singh’s son Karan gets BJP Lok Sabha ticket from Kaiserganj

Karan Singh Bhushan was on December 13, 1990. He competed at the national level in double trap shooting. He has a daughter and a son. Karan Singh Bhushan completed his Bachelor of Business Administration (BBA) and law from Dr Ram Manohar Lohia Avadh University.

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BJP on Thursday dropped sitting Kaiserganj MP Brij Bhushan Sharan Singh, who has been accused of sexual harassment by women wrestlers and gave a ticket to his son, Karan Bhushan Singh. Karan Bhushan, Brij Bhushan’s younger son, is the president of the Uttar Pradesh Wrestling Association. He is also the head of The Cooperative Bank in Nawabganj in Gonda district.

Karan Singh Bhushan was on December 13, 1990. He competed at the national level in double trap shooting. He has a daughter and a son. Karan Singh Bhushan completed his Bachelor of Business Administration (BBA) and law from Dr Ram Manohar Lohia Avadh University.

He has also holds a diploma in business management from Australia. Karan Bhushan Singh is presently the president of the Uttar Pradesh wrestling association. Earlier he was the senior vice president of the UP wrestling association. Elections will be take place in Kaiserganj in the 5th phase of Lok Sabha elections on May 20. Karan Bhushan Singh is likely to file his nomination from Kaiserganj on May 3.

There has been a lot of speculation and suspense on Brij Bhushan Sharan seat this time as the former Wrestling Federation of India (WFI) chief, who is also a 6-term MP, had been accused of sexual harassment by some of the India’s top wrestlers.

Many female wrestlers, including medallists, protested against the BJP leader and demanded his arrest over the charges of sexual harassment while he was serving the position of the WFI president. Wrestlers, including Sakshi Malik and Bajrang Punia, sat on a protest at the Jantar Mantar and demanded action against the Kaiseganj MP.

The Delhi Police later registered a case against Brij Bhushan Sharan Singh under Sections 354 (assault or criminal force to woman with intent to outrage her modesty), 354D (stalking), 354A (sexual harassment) and 506 (criminal intimidation) of the IPC, on June 15, 2023. But he was granted bail on July 20, 2023.

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