Daily
Excelsior: Jammu: Monday, 07 December 2015.
Contrary to
the PDP-BJP regime’s commitment about strengthening mechanism of transparency
in its functioning, the transparency watchdog of Jammu and Kashmir is facing
Government’s indifference as on one side there is no adherence to the
directives of High Court on revisiting the RTI Rules and on other side the posts
of Member and Secretary have been lying vacant during the past some months.
The present
Coalition Government in its policy document titled “Agenda of Alliance” has
specifically mentioned that all out steps would be made to ensure enough
transparency in its functioning. At the time of unveiling of this document,
enough indications were given about strengthening of institutions dealing with
transparency particularly Jammu and Kashmir State Information Commission
(JKSIC).
However, ever
since its formulation the PDP-BJP Government has not initiated any step towards
strengthening transparency watchdog of the State despite being aware of the
fact that transparency brings positive changes in governance and increases
faith and trust of the common masses in the democratic set-up. Instead of
receiving priority attention of the Government, the State Information
Commission is facing official apathy on various counts.
This can be
gauged from the fact that the post of one Information Commissioner is lying
vacant since October 31 when Dr S K Sharma completed his term. Till date, no
exercise has been initiated in the General Administration Department, which has
the mandate to empower State Information Commission, official sources told
EXCELSIOR.
“No doubt,
the Information Commission is making all out efforts to dispose of the RTI
applications even in the absence of one Commissioner but filling up of post is
imperative to ensure its smooth functioning”, sources said, adding “the delay
of more than one month in providing new Information Commissioner is
notwithstanding the fact that Commission had formally written to the General
Administration Department well in advance about the post falling vacant on
October 31”.
As per the
RTI Act, the Information Commissioner is required to be appointed by the
Governor on the recommendations of a high-powered selection panel headed by
Chief Minister. The other members of the panel are the Leader of Opposition in
the Legislative Assembly and a Cabinet Minister to be nominated by the Chief
Minister.
As per the
law, a person of eminence in the public life with wide knowledge and experience
in law, science and technology, social service, management, journalism, mass
media or administration and governance can be appointed as Member of the
Commission. “No step has been initiated to convene the meeting of the selection
panel till date”, sources regretted.
“What to talk
of filling vacant post of Information Commissioner, the Government is not ready
to appoint Secretary to the State Information Commission and the post is lying
vacant since October 19 when the State Cabinet transferred the then Secretary G
N Balwan and posted him as Deputy Commissioner Kishtwar”, sources said, adding
“though the Commission brought the necessity of Secretary to the notice of the
General Administration Department but no replacement has been sent till date”.
Stating that
this is for the first time ever since the establishment of SIC that the post of
the Secretary is lying vacant for months together, sources said, “during the
past some months three officers have been shifted from the post of Secretary
SIC despite the fact that he is vested with the powers to coordinate the
functioning of the Commission”.
Not only
filling up of posts, the Government is indifferent even towards initiating
other steps for strengthening of transparency watchdog of the State. This is
evident from non-serious attitude towards the directives of the State High
Court vis-à-vis revisiting the Rules of RTI Act in order to provide sufficient powers
to the Commission for ensuring transparency in Government departments and other
public authorities.
The Division
Bench of the State High Court had on August 24, 2014, in a Public Interest
Litigation (PIL) titled B R Manhas Versus State of J&K and Others, directed
the State Government to repeal the existing RTI Rules and frame fresh ones to
make various provisions of the Act workable and achieve the very purpose
envisaged in enacting of the legislation.
The
non-serious approach towards empowering State Information Commission is
notwithstanding the fact that Prime Minister, Narendra Modi while inaugurating
Annual Convention of the Central Information Commission in the month of October
this year had laid enough thrust on empowering the transparency watchdogs in
the country by stating that the aim of RTI was to bring out a positive change
in governance.
“Since the
present dispensation is repeatedly describing the Prime Minister as a great
visionary, it should follow his observations vis-à-vis transparency in
governance and initiate step without wasting any more time in empowering
J&K State Information Commission by filling up vacant posts and revisiting
the RTI Rules”, sources stressed, adding “in the absence of strengthened SIC,
transparency in the Government functioning would remain a dream”.
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