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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]

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3 dead, 9 hospitalised after gas leak at fertiliser plant in Maharashtra

According to police, the explosion released toxic chemical fumes.

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Three individuals, including two women, lost their lives and nine others were hospitalised following a gas leak caused by an explosion in a reactor at a fertiliser plant in Maharashtra’s Sangli district, an official said on Friday.

The incident occurred at approximately 6:30 PM on Thursday at the Myanmar Chemical Company, located in Shalgaon MIDC within Kadegaon tehsil.

Sangli Superintendent of Police Sandip Ghuge stated that the gas is suspected to be ammonia.

According to police, the explosion released toxic chemical fumes. “Approximately 12 people in the facility were affected and subsequently taken to the hospital. Tragically, two female workers and a security guard have died, while nine others are currently receiving treatment,” stated Sangram Shewale, Senior Inspector at Kadegaon police station.

Seven of the injured individuals have been admitted to Sahyadri Hospital in Karad, with five of them in critical condition in the ICU.

The deceased women have been identified as Suchita Uthale (50) from Yetgaon in Sangli district and Neelam Rethrekar (26) from Masur in Satara district, PTI reported.

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Ahead of Delhi Elections, Arvind Kejriwal launches Revdi Par Charcha campaign to seek feedback on freebies

Arvind Kejriwal said 65,000 meetings will be held across Delhi at micro levels by the AAP leaders and workers.

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Ahead of Delhi Elections, Arvind Kejriwal launches Revdi Par Charcha campaign to seek feedback on freebies

The Aam Aadmi Party (AAP) on Friday launched a campaign with a tagline Revdi Par Charcha to seek public feedback on freebies. The campaign comes ahead of the assembly elections, which is scheduled to be held in February.

Former Chief Minister and AAP national convenor Arvind Kejriwal launched the campaign with his colleagues at the party office, saying while the opposition calls freebies as revdi, the party calls it services. This campaign will start on November 25 and will continue for 15 days until December 10, discussing the issues with common man.

Notably, the opposition has been targeting the AAP for providing free electricity, water and free public buses for women among other facilities. However, AAP feels freebies help citizens live a life of dignity.

Gopal Rai, AAP’s Delhi unit chief, said that so far, politicians used to enjoy the facilities, while citizens paid taxes. He continued that Arvind Kejriwal’s government decided that the people should also get the facilities like the politicians, adding the BJP called their attempt revdis. He said that AAP is launching the ‘Revdi Par Charcha’ campaign to discuss with the people in the city if the government should provide the facilities or not.

Launching the campaign, Arvind Kejriwal said 65,000 meetings will be held across Delhi at micro levels by the AAP leaders and workers. He said that AAP has six revdis for the people of Delhi. Mentioning that the Prime Minister and BJP have said several times that Kejriwal is providing freebies to the people that should be stopped, the former Chief Minister said that now people will now tell them if they want these six freebies.  He further concluded that if the BJP is elected here, they will stop these services immediately.

While listing the six services, the AAP national convenor said that Delhi is getting free electricity round the clock. He added that there was a time when Delhi used to see power cuts for 8-10 hours, but AAP ensured that the situation changed. He also noted that his party is providing free water, free pilgrimage to senior citizens, free bus rides to women, free world-class education and free medicine and treatments. Additionally, the pamphlet launched by Arvind Kejriwal also listed that soon the women in Delhi will get Rs 1,000 per month as well, later termed as the seventh revdi by the former Chief Minister.

Reports said that the paper will be circulated across the national capital. The paper also reads that if the reader feels they are getting huge water bills, they should not pay it. It mentioned that AAP will waive all water bills once Arvind Kejriwal is re-elected.

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Rahul Gandhi says air pollution in North India a national emergency, tourism declining, global reputation crumbling

“We need a collective national response, not political blame games,” the Congress leader said on his X handle.

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Leader of Opposition in the Lok Sabha Rahul Gandhi on Friday said the air pollution in North India is a national emergency that needs a collective national response and not a political blame game. The Congress leader added that due to air pollution tourism is declining and “our global reputation is crumbling”.

It is a public health crisis that is stealing children’s future and suffocating the elderly, Gandhi said, adding an environmental and economic disaster that is ruining countless lives.

“As Parliament meets in a few days, MPs will all be reminded of the crisis by our irritated eyes and sore throats. It is our responsibility to come together and discuss how India can end this crisis once and for all,” the Leader of the Opposition in Lok Sabha said.

The former Congress chief said the poorest “among us suffer the most”, unable to escape the toxic air surrounding them. Families are gasping for clean air, children are falling sick, and millions of lives are being cut short, he added.

The Rae Bareli MP noted that the pollution cloud covers hundreds of kilometres. He said cleaning it up will require major changes and decisive action from governments, companies, experts, and citizens.

“We need a collective national response, not political blame games,” the Congress leader said on his X handle.

Gandhi also shared a video on a social media platform where he discussed the capital’s air pollution with environmentalist expert Vimalendu Jha. In the video, the Congress leader said he has been facing eye-burning and breathing issues and how the last week in Delhi has been terrible.

He said, “I tell my mother to leave town this month.” Jha explains to Gandhi that the sources of air pollution in Delhi are episodic and perennial. Episodic sources are firecrackers and stubble burning, which affect the month of November. “Vehicular contributes 50 per cent of Delhi’s pollution and construction-related roadside dust is another 30 per cent,” Jha said.

The Air Quality Index in Delhi has been severe since November 16, making it five consecutive days till Wednesday. On November 15, the average AQI was 396 (very poor).

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