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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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Man attempting to cross India-Pakistan border in Rajasthan shot dead by BSF personnel

“We are investigating the case under these acts,” he added.

Published

14 hours ago

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December 25, 2024

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Border Security Force (BSF) personnel shot and killed an individual attempting to cross the India-Pakistan border in the Ganganagar district of Rajasthan late on Tuesday, according to police.

Jitendra Kumar, the station house officer at Kesrisinghpur police station, stated that the man was trying to breach the barbed wire fence when he was spotted by BSF personnel. “They advised him to leave the area, but when he continued to advance, the BSF personnel shot him,” said the SHO.

Sriganganagar Superintendent of Police Gaurav Yadav confirmed that the suspect was allegedly trying to enter Indian territory around midnight on December 24, 2024. Despite warnings from the BSF soldiers, he did not heed their calls, which resulted in the shooting.

The incident occurred near a village in the Kesarisinghpur area. Items recovered from the intruder included Pakistani currency notes, a cigarette packet, an identity card, and other belongings. Authorities are currently gathering more information about him.

Ongoing discussions are taking place between the armed forces and police officers regarding the incident. An FIR has been filed that includes charges of trespassing and violations of the Passports Act and the Foreigners Act, according to Kumar. “We are investigating the case under these acts,” he added.

This incident is one of several similar occurrences along the border. In August, the BSF apprehended an intruder named Jagsi Kohli, who had entered about 15 kilometers into Indian territory in Barmer after locals alerted authorities that he was asking for directions to Tharparkar, a district in Pakistan’s Sindh province.

In March of this year, another person attempting to cross the border in Ganganagar was shot by BSF personnel. There have been additional incidents reported in October 2022 and twice in March 2021, all resulting in fatalities among the intruders.

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Amit Shah, JP Nadda, Chandrababu Naidu among leaders at NDA meet in Delhi amid Ambedkar row

The alliance had decided to convene on the birthday of the late BJP leader, noted for successfully leading the first coalition government to complete its term.

Published

15 hours ago

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December 25, 2024

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Union Home Minister Amit Shah, BJP chief J.P. Nadda and Telugu Desam Party (TDP) president and Andhra Pradesh Chief Minister Chandrababu Naidu among leaders of the NDA met in New Delhi on Wednesday to discuss different issues including Shah’s comment on BR Ambedkar days ago in Rajya Sabha.

In attendance, apart from Shah, Nadda and Naidu, JD-U leader and Union minister Rajiv Ranjan Singh, Apna Dal (S) president and Union minister Anupriya Patel, as well as JD (S) leader and Union minister H.D. Kumaraswamy were present.

Also present were Jitan Ram Manjhi, leader of Bihar’s Hindustani Awam Morcha (S) and a minister in the Modi government, Rashtriya Lok Morcha (RLM) president Upendra Kushwaha, a Rajya Sabha MP, and Thushar Vellappally, president of Bharath Dharma Jana Sena.

While the specific agenda of the meeting was not officially disclosed, sources indicated that discussions revolved around good governance and various political issues—principles that were central to Vajpayee’s tenure as Prime Minister. The alliance had decided to convene on the birthday of the late BJP leader, noted for successfully leading the first coalition government to complete its term.

Following the meeting, Nadda shared on X, “Attended the NDA leaders’ meeting in New Delhi today. Under the visionary leadership of PM Narendra Modi, India is achieving unprecedented milestones and has positioned itself as a global superpower. The NDA government remains committed to realizing the vision of ‘Viksit Bharat@2047’, ensuring a brighter and more prosperous future for all.”

Sanjay Nishad, chief of the NISHAD Party in Uttar Pradesh, described the meeting as “informal” and focused on Vajpayee’s legacy. He emphasised the importance of unity among all alliance members heading into future elections, mentioning that they congratulated the BJP leaders for their electoral victories in Haryana and Maharashtra.

Nishad further outlined that the meeting addressed coalition strategies to ensure that Prime Minister Modi’s initiatives effectively reach the populace and that electoral promises are fulfilled. He raised the topic of providing reservations for the fishing community, stating, “I presented evidence on this issue, as it was a poll promise. They will follow up with us next week to discuss it.”

Responding to inquiries about whether Amit Shah’s controversial remarks on Ambedkar were discussed, Nishad said, “We are here for the welfare of the people. Our energy should focus on achieving success in that area, rather than engaging with negativity from opposition parties.”

The NDA meeting underscores the alliance’s commitment to the proposed simultaneous elections, with all members backing the initiative. A Joint Committee of Parliament, established to review two bills related to simultaneous polls, is set to convene on January 8.

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Manipur CM Biren Singh says state needs immediate peace, understanding between two communities

He claimed that the administration is responding quickly to the displaced people’s needs in areas such as education and agriculture.

Published

15 hours ago

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December 25, 2024

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Manipur Chief Minister N Biren Singh on Wednesday emphasised the urgent need for peace in the state, which has faced ethnic violence since May of last year, and called on two communities to reach a mutual understanding.

Speaking at the Good Governance Day event held at the state BJP headquarters, Singh expressed confidence that the BJP could restore stability to the northeastern state, highlighting the party’s commitment to coexisting harmoniously.

“What is happening in Manipur today has multiple causes. Those who seek to divide the state are now questioning the government’s actions… they are driven by a desire for power,” Singh remarked.

He mentioned several initiatives, such as ‘Meeyamgi Numit’ (People’s Day), designed to foster closer relationships between officials and the public. “We do not oppose any specific community. The BJP’s position is clear: we advocate for the idea of living together and have initiated efforts to strengthen ties between the police and the community,” he stated.

Singh added that the state government is diligently addressing the needs of internally displaced persons by establishing committees throughout the administrative framework. He claimed that the administration is responding quickly to the displaced people’s needs in areas such as education and agriculture.

“We have not made any mistakes. Our goal is to ensure the well-being of future generations. It is essential for both communities to remain calm. Rather than dwelling on the past, we should concentrate on the upcoming NRC process, capturing biometrics, and using 1961 as the foundation year for the Inner Line Permit,” Singh said.

He also highlighted the government’s commitment to acting within a democratic and constitutional framework, noting that achieving these goals will take time. “What we require now is immediate peace and a resolution of misunderstandings between the two communities,” he concluded.

The ongoing violence has resulted in the deaths of over 250 individuals and left thousands homeless due to clashes between the Meitei community and Kuki-Zo groups since last May.

“Only the BJP can save Manipur. BJP leaders possess strong values of nationalism and social justice, practicing reality-based politics in the nation’s interest. If I am not nominated for a ticket by the BJP, I will remain loyal to the party,” Mr. Singh added.

He also highlighted several unity-focused projects initiated by the BJP government, mentioning that a Unity Mall featuring stalls from all ethnic groups in the state will be constructed with an investment exceeding ₹140 crores.

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