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RTI Amendment Bill that Modi Govt wants will render the law useless

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6 years ago

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RTI Amendment Bill that Modi Govt wants will render the law useless

Modi government’s proposed move to amend the Right to Information (RTI) law to expand government control over the information commissioners is facing stiff resistance from the Opposition, intellectuals and activists who say it will render it useless.

After putting information about political funding beyond the pale of public scrutiny, this is the second major move by this government against transparency and accountability.

The proposed changes will involve the salaries and tenures of Information Commissioners at the states and centre, which, activists say, is a coercive measure that will interfere with their freedom to make independent decisions.

The Congress has said the BJP-led central government is destroying institutions and legislations of transparency and accountability in the country.

Party chief Rahul Gandhi tweeted, “Every Indian has the right to know the truth. The BJP believes the truth must be hidden from the people and they must not question people in power. The changes proposed to the RTI will make it a useless Act. They must be opposed by every Indian.”

Challenging the changes, the Opposition said it is committed to fighting any “attempt” by the Centre to “dilute” the Act and resist any amendments to it.

The “Right to Information (Amendment) Bill, 2018” proposes that information commissioners – – who currently have five-year tenures – have “terms as may be prescribed by the central government”.

Their salaries, instead of being on par with that of Election Commission officials – will be decided by the Central government.

Government sources said it was suggested that it is not good practice to put Information Commissioners on par with Election Commissioners. Justifying this on basis of legal nitpicking rather than the stated, express purpose of the office, they said the Election Commission is a constitutional body responsible for free and fair elections, but the Information Commission is a statutory body formed to look into complaints and requests for information under the RTI.

Stating “objects and reasons” for these amendments, the government has said, “The functions being carried out by Election Commission of India and the Central, and State Information Commissions are totally different… Hence their status and service conditions need to be rationalised accordingly.”

Extensive protests have been held in Delhi and other parts of India since the government listed the bill for “introduction, consideration and passing” in the monsoon session.  The protests were attended not only by RTI activists, but anti-corruption workers and the relatives of people who were killed while exposing corruption across the country.

Lack of information about the proposed changes even pushed activists to file an RTI petition regarding the contents of the bill.

The Congress, the Left, the Trinamool Congress, Arvind Kejriwal’s Aam Aadmi Party and Lalu Yadav’s Rashtriya Janata Dal have said they will oppose any move to dilute the RTI Act.

Currently, the salaries and tenures of central and state information commissioners are statutorily protected as they are provided in the RTI Act.

Anjali Bhardwaj of National Campaign for People’s Right to Information (NCPRI) said the amendment “will fundamentally weaken the institution of the commissions as it will adversely impact their ability to function in an independent manner. The status conferred on commissioners under the RTI Act is to empower them to carry out their functions autonomously and require even the highest offices to comply with the provisions of the law.”

A report in The India Express (IE) quoted former Central Information Commissioner (CIC) Shailesh Gandhi as saying that the move seemed to be a fall-out of the Central Information Commission’s orders to respond to RTIs about the educational qualification of Prime Minister Narendra Modi.

Former CIC Shailesh Gandhi said by bringing in the amendment, the government was “violating the pre-legislative consultative policy”.

“There is no valid reason for the government to amend the Act. The only possibility is that the central government seems to be annoyed about the CIC’s orders to disclose the educational qualification of the Prime Minister… it could be an act of vengeance or arrogance,” he said.

RTI activist Vijay Kumbhar said when the Act was introduced in 2005, Parliament had discussed the issue threadbare, the IE report said. “The emphasis of Parliament was on giving autonomy and independence to information commissions, both at the Centre and the state. Now this government seems to be bent on doing away with the autonomy and independence of the commission,” he said.

He pointed out that the RTI Act already has a provision for the removal of information commissioners.  “If a complaint is made to the President, he refers it to the Supreme Court, which probes the complaint and makes recommendations to the President. The Central Chief Information Commissioner or any Information Commissioner can be removed from office only by the order of the President, on the ground of proved misbehaviour or incapacity. This happens only after the Supreme Court probes the complaint on a reference made to it by the President,” he said.

Similarly, at the state level, the governor has the power to take a decision about the removal of state chief information commissioners and information commissioners.

Another RTI activist, Maruti Bhapkar, said the statements and objects of the Bill stated that the RTI Act was enacted to promote transparency and accountability of every public authority towards citizens. “But by amending the Act, the government is seeking to make the commissions accountable to it and seeking to destroy its transparent functioning,” he said. Bhapkar said if the central government had the power to decide the tenures and salaries of information commissioners, the commissioners would be “under pressure not to annoy the government, which means they would be biased on delivering justice”.  “The existence of such a justice delivery system is against the spirit of the Constitution,” he said.

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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.

Published

19 hours ago

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November 21, 2024

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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.

Published

19 hours ago

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November 21, 2024

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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.

Published

20 hours ago

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November 21, 2024

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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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