The Right to Information Act 2005
Suggestions for Improving Working of the Act
Barring few Information Commissioners [ICs] performance of ICs [at Centre and States] in last three years had been frustrating and very costly to the exchequer and the public. Based on information collected under RTI, comparative performance statistics for 2007-08 are annexed hereto. It appears that ICs themselves are trying to kill letter and spirit of The Right to Information Act 2005 and thus deprive citizenry of their right to know under article 19 [a] of the Constitution. To overcome this precarious condition I suggest as under:
Let the functions of ICs be managed through public private partnership with extensive use of information technology. ICs should be appointed by governments, in totally transparent manner by panel of sitting and retired judges of high or supreme courts, high ranking bureaucrats, RTI activists and senior executives from private sector. Open advertisements should be released. Minimum age should not be below 35 years and maximum 55 years. Minimum qualification and exposure which will be helpful as IC should be prescribed. ICs need not be experts in govt. matters or law, as they have to follow only 31 sections [in fact 15 operative sections] of RTI Act 2005.
ICs should be required to work from their own offices and with their own staff. Useful material/decisions on RTI should be supplied on CDs to each IC appointed along with good quality software. A 15 -day training should be provided to newly appointed ICs. This is how we induct judges, IAS/IPS, bank mangers, private sector managers and executives etc who discharge complicated functions.
ICs should be paid on the basis of complaint/appeals decided plus a fixed monthly amount. The variable component of compensation to ICs should be so fixed per appeal/complaint that he gets reduced payment with delay of each passing day beyond 60 days. ICs should also get some percentage of amount of penalties actually recovered [not only imposed] from defaulting PIOs. ICs should have fixed tenure for 3 or 5 years, subject to minimum scoring each year on performance.
We can have 2-3 ICs for Central Govt. and 5-6 for State Govts. in each district or cluster of districts and metros depending upon work load. A small cell in DoPT, Delhi for Central Govt appeals/complaints and in each State capital for concerned state appeals/complaints should receive e-filed appeals/complaints. The cells should redirect appeals/complaints to one of the ICs in India or State as the case may be, through a computer generated random selection process [like lottery etc] or through system practiced in Supreme Court on allotment of cases to Judges. ICs should be free to pursue their present profession, if they so desire.
The entire working of ICs should be fully computerized with internet facility. DoPT or State Dept which at present administratively manages CIC/SICs should continue for administrative matters of these ICs. Each IC should have web-pages on website specially created for Central and each State matter under RTI. The IC can post all decisions on line and full details of his working on daily basis.
A panel of retired Supreme Court or High Court judges at Central Govt. level and each State level should screen and vet performance and quality of decisions of each IC on monthly basis. The panel members should have on line access to working of ICs. Monthly detailed computer generated score card and feed back be submitted to each IC and also to respective Govts. by this panel and it should be posted on govt. websites for scrutiny of public. Based on these monthly score card, annual performance appraisal should be under taken by the panel for each IC. Refresher courses of 7 day duration should be arranged for ICs by Govt. every year.
This is like public notaries appointed by Govts at various places and they work from their own office and with their own staff. They are paid based on papers notarized. Similar is the case of public prosecutor who has no fixed infrastructure. Private banks outsource their work and pay depending upon days taken to complete the work. Every day’s delay reduces compensation. E-filing [like income tax, service tax etc] should be encouraged or mandated. ICs can use webcam facility to interact with PIO, FAA and the applicant on a pre-fixed time. Cyber café can be used for this purpose if this facility at office/home is not available with PIO/FAA/applicant.
To start with, existing and suggested systems should be run parallel by bifurcating appeals/complaints between newly appointed ICs and CIC/SICs. Existing backlog at CIC/SICs can also be assigned to new ICs for disposal. After addressing teething troubles and gaining some experience, present structure of CIC/SICs should be dismantled in 2 years.
If this suggestion is implemented, the govts will save heavy avoidable expenditure on CIC/SICs and cost per decision will drastically get reduced. Information seekers will get decisions fast and cheap, as postal expenses and delays would be reduced. Personal contacts would be nil reducing chances of manipulation or corruption. Once the performance of ICs improves, all other things will fall in line automatically.
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“The real swaraj will come not by the acquisition of authority by a few, but by the acquisition of capacity by all to resist authority when abused.” Mahatma Gandhi.
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