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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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Parliament winter session: Government lists 15 bills, including Waqf bill

The session will kick off on November 25 and conclude on December 20.

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The government has listed five new ones and one to amend the contentious Waqf law out of 15 bills for the winter session of Parliament. The session will kick off on November 25 and conclude on December 20.

The government has introduced five new bills, including the Coastal Shipping Bill, 2024, which aims to promote coasting trade and increase the participation of Indian-flagged vessels owned and operated by Indian citizens for both national security and commercial purposes.

Another significant legislation that will be introduced by the government is the Indian Ports Bill, 2024. This bill is designed to implement measures for the conservation of ports, enhance security, and manage pollution, ensuring compliance with India’s international obligations and statutory requirements.

Additionally, the government plans to introduce the Merchant Shipping Bill, 2024, which aims to meet India’s obligations under maritime treaties and support the development of Indian shipping while ensuring the efficient operation of the Indian mercantile marine in a way that serves national interests.

Pending legislation includes the Waqf (Amendment) Bill, which is awaiting consideration and passage after the joint committee of both Houses submits its report to the Lok Sabha. The committee is expected to report by the end of the first week of the winter session.

Currently, there are eight bills, including the Waqf (Amendment) Bill and the Mussalman Wakf (Repeal) Bill, pending in the Lok Sabha, while two additional bills are in the Rajya Sabha.

Furthermore, the government has also listed the Punjab Courts (Amendment) Bill for introduction, consideration, and passage, which seeks to increase the pecuniary appellate jurisdiction of Delhi district courts from Rs 3 lakh to Rs 20 lakh.

The Merchant Shipping Bill, along with the Coastal Shipping Bill and the Indian Ports Bill, is slated for introduction and eventual passage.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The International Criminal Court (ICC) today issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes and crimes against humanity.

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare. The leaders allegedly restricted essential supplies such as food, water, and medical aid to civilians in Gaza, resulting in severe humanitarian crises and deaths, including among children.

Last year in October, Israel had launched attacks on Gaza in retaliation for the surprise attack by Hamas. The Israel-Hamas war has led to the death of thousands of civilians, while lakhs have been displaced. The major infrastructures in Gaza, including hospitals and schools, were also destroyed as Israel vowed to wipe out Hamas.

The International Criminal Court stated that it found reasonable grounds to believe the accused intentionally targeted civilians and limited medical supplies, forcing unsafe medical procedures, which caused immense suffering. This ruling was based on the findings from at least October 8, 2023 until at least May 20, 2024.

The court remarked that it has assessed that there are reasonable grounds to believe that PM Netanyahu and Defence Minister Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza.

Furthermore, it also noted that the lack of food, water, electricity and fuel, and medical supplies created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, leading to death of civilians, including children due to malnutrition and dehydration.

Additionally, the International Criminal Court dismissed two challenges by Israel against its jurisdiction in the situation in the State of Palestine.

Notably, Israel had contested the ICC’s jurisdiction, claiming it could not be exercised without Israel’s consent. Nonetheless, the Chamber ruled that the Court has jurisdiction based on Palestine’s territorial scope, including Gaza, the West Bank, and East Jerusalem. It further noted that Israel’s objections were premature, as jurisdictional challenges under the Rome Statute can only be made after an arrest warrant is issued.

Reportedly, Israel had also requested a fresh notification regarding the investigation, started in 2021. Denying the request, the court stated that Israel had earlier declined to request a deferral, making additional notifications unnecessary.

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Yogi Adityanath accords tax-free status to Sabarmati Report film in Uttar Pradesh

Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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Uttar Pradesh Chief Minister Yogi Adityanath on Thursday accorded a tax-free status to ‘The Sabarmati Report’ film, based on the train burning incident at Godhra in Gujarat in 2002, in the state.

The announcement was made after Chief Minister Adityanath attended the screening of Vikrant Massey and Raashii Khanna-starrer ‘The Sabarmati Report’ in Lucknow with the film’s cast.  

Speaking to reporters, actor Vikrant Massey thanked the Uttar Pradesh Chief Minister for making ‘The Sabarmati Report’ film tax-free in the state. “I want to thank Yogi Adityanath ji. This is an important film and I appeal to everyone to go and watch this film,” he said.

Chief Minister Adityanath along with many of his cabinet colleagues watched the film ‘The Sabarmati Report’ under a special screening at a cinema hall in the capital, said a spokesperson of the state government.

Several people associated with the film unit were also present on the occasion. Later the chief minister announced to make this film tax-free in UP.

The BJP-ruled states have been praising the makers of The Sabarmati Report, claiming the team has tried to bring out this truth in front of the people of the country through the film.

The saffron party is appealing to people to watch this film and try to get closer to the truth of Godhra.

Uttar Pradesh becomes the sixth BJP-ruled state after Haryana, Rajasthan, Chhattisgarh, Madhya Pradesh and Gujarat to declare lead actors Vikrant Massey and Raashii Khanna’s film tax-free.

Adityanath said along with identifying the faces of those who are conspiring against the country for political gains, there is also a need to expose them. The film team has discharged its responsibilities to expose the truth, he said, adding an attempt has been made to bring the real truth in front of the country in a big way through the film.

The Sabarmati Report is said to be based on the incident of setting fire to a train full of ‘karsevaks’ in Godhra on February 27, 2002, killing 90 devotees. After this incident, communal riots broke out in Gujarat. Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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