Moneylife: Pune: Thursday,
September 15, 2016.
It is time to
recruit Information Commissioners once again; and this time, let the vacancies
not be filled with former bureaucrats, which according to the “India Rapid
Study by Commonwealth Human Rights Initiative in July 2014” account for 69% of
Information Commissioners appointed, across the country. Also, as per the study
of 2014, there is a dearth of women information commissioners as 26 of the 29
Central Information Commissioners then were men.
In what can
be termed as a pleasant change, the Department of Personnel & Training
(DoPT) has advertised for the post of two Central Information Commissioners,
well ahead of two, who would be retiring three to five months down the line.
Here is a chance for eminent people from various fields to apply and diluting
the concentrated population of ex-bureaucrats.
Hence,
conscientious ladies and gentlemen, please come forward to apply for the posts
of two Information Commissioner in Delhi. The DoPT in a circular issued on 3
September 2016 has stated that applications are invited also from eminent
persons prescribed in the RTI Act as follows. “The Act provides that the
Information Commissioner shall be person of eminence in public life with wide
knowledge and experience in law, science and technology, social service,
management, journalism, mass-media or administration and governance.”
The DoPT
letter explains: “Two of the Information Commissioners in the Commission are
due to complete their tenure on 31 December 2016 and 17 February 2017,
respectively. Therefore, it is proposed to appoint two new Information Commissioners
in the Commission in their place.”
The DoPT
says, “Persons fulfilling the criteria and interested for appointment to the
post of Information Commissioner may send their particulars in the enclosed
proforma by post to Under Secretary (RTI), Department of Personnel and
Training, North Block, New Delhi or through e-mail to usrti-dopt@nic.in by 3rd
October, 2016.”
It may be
recalled that:
•
In September 2012, in the matter of Namit Sharma vs Union
of India, the Supreme Court while disposing a Public Interest Litigation (PIL)
suit, directed the Governments to ensure that retired judges of the Supreme
Court and retired Chief Justices of the High Courts be appointed as Chief
Information Commissioners.
•
The Central Government and the State Government of
Rajasthan sought a review of this judgement. CHRI and two other parties
intervened in the matter resulting in the Hon’ble Supreme Court recalling in
September 2013, its earlier judgement.
•
The Court issued fresh directions one of which requires
Governments to make the effort to identify candidates other than retired civil
servants for appointment to the Information Commissions.
•
The Court also directed that only such candidates be
appointed who have expertise and experiences in the fields mentioned in
Sections 12(5) and 15(5) of the RTI Act.
The order states: ``(iv) We further direct that persons of eminence in public
life with wide knowledge and experience in all the fields mentioned in Sections
12(5) and 15(5) of the Act, namely, law, science and technology, social
service, management, journalism, mass media or administration and governance,
be considered by the Committees under Sections 12(3) and 15(3) of the Act for
appointment as Chief Information Commissioner or Information Commissioners.”
So, what is
the background of Information Commissioners appointed after September 2013? The
Namit Sharma review judgment appears to have increased the chances for
journalists more than experts in other fields mentioned in the RTI Act.
CHRI’s
findings about the background of individuals appointed as Information
Commissioners since September 2013.
Main
findings of the study:
•
A majority i.e., about 46%, of the individuals appointed
as Information Commissioners, (16 out of 35) post‐Namit Sharma review are retired civil
servants mostly from the All India Services, and a few from the State Civil
Services.
•
10 of the Information Commissioners appointed since
September 2013 have a background in journalism. The Namit Sharma review
judgment appears to have increased the chances for journalists more than
experts in other fields mentioned in the RTI Act.
•
While in Arunachal Pradesh one individual with a
background in sports was appointed Information Commissioner, a retired College
Principal with only a graduate degree in Commerce was appointed State
Information Commissioner in Gujarat. Both appointments are in clear violation
of the provisions of the RTI Act as interpreted by the Hon’ble Supreme Court in
Union of India vs Namit Sharma. Neither individual fits the criteria specified
in Section 15(5) of the Central RTI Act.
•
In Arunachal Pradesh the Chief Minister of the Indian National
Congress‐led
Government chaired the selection committee. In Gujarat the recommendation for
appointment was same made by the selection committee chaired by the then Chief
Minister of the BJP‐led
Government.
Judicial
Interventions in the Appointment of Information Commissioners
In Madhya
Pradesh, Information Commissioners were appointed upon the directions of the
Madhya Pradesh High Court thanks to a Writ Application filed by an RTI
Activist.
While one
Division Bench of the Andhra Pradesh set aside the appointment of four State
Information Commissioners in that State, another Division Bench upheld the
appointment of another four Commissioners. Both matters were raised through
Public Interest Litigation suits by concerned citizens and activists. The
Supreme Court has since stayed the order setting aside the appointments of the
Information Commissioners.
Background of
Chief Information Commissioners
Main
findings of the study of 2014:
•
26 of the 29 Information Commissions are headed by male
Chief Information Commissioners. The lone instance of a woman serving currently
as Chief Information Commissioner is in Goa. In 2012, none of the Information
Commissions had a woman as the Chief. The woman State Information Commissioner
in Tripura continues to serve as the acting State Chief Information
Commissioner (SCIC) since 2012. The CIC had a woman Chief Information
Commissioner between December 2013 and May 2014
•
90% of the Information Commissions at the Central and
State level continue to be headed by retired civil servants as was the case in
2012. The lone exception is that of Jharkhand which is headed by a retired High
Court judge. In 2012 there were 2 Information Commissions headed by retired
judges
•
More than 2/3rds (69%) of the Information Commissions
across the country are headed by retired IAS officers. In 2012, 75% of these
posts were held by retired IAS officers.
•
The field of expertise: “administration and governance”
continues to remain synonymous with the term “civil services” even after nine
years of implementation of the RTI Act.
•
Background of Central and State Information
Commissioners Main findings of the
study
•
Only 11.8% of the Information Commissioners (11 out of
93) serving across the country are women. This figure has declined by about 3%
since 2012 when a little less than 15% of the Information Commissioners
appointed were women. Andhra Pradesh has two women Information Commissioners.
The Information Commissions in Arunachal Pradesh, Gujarat, Haryana, Maharashtra,
Punjab, Tripura, Tamil Nadu and Uttar Pradesh have one woman Information
Commissioner each.
•
More than 50% (6 out of 11) of the women Information
Commissioners are retired civil servants a majority of whom are from the IAS.
Two other women Information Commissioners have a background in social work and
mass media while a third is a former member of the Shiromani Akali Dal – a
recognized State level Political Party.
•
A little less than a half (49.46%) of the State
Information Commissioners are retired civil servants belonging to either the
All India Services or the State Civil Services. This proportion has come down
from 53% in 2012. J&K State Information Commission is the only multi‐member body without any retired IAS
officer on it. One Central Information
Commissioner served as Special Director, Intelligence Bureau during his service
as an IPS Officer.
•
21% of the Information Commissioners are either lawyers
or retired judges or have taught law at a university. This proportion has
reduced by a little more than 1% since 2012 although in terms of absolute
numbers, this proportion has remained steady at 12.
•
A little more than 14% of the Information Commissioners
have a background in journalism and mass media. This proportion has increased
from 10% in 2012.
•
The number of Information Commissioners from the field of
social service has increased from 1 to 3 since 2012. One State Information
Commissioner in Maharashtra and Jammu and Kashmir, each, who were career civil
servants have a background in Engineering
•
Three of the Information Commissioners are reported to be
former members of political parties (CPI, SAD and INC). A similar figure was
reported in 2012
•
One Information Commissioner in Arunachal Pradesh is
identified only as a former President of the Arunachal Weightlifting
Federation. Given the much lighter load of second appeals and complaints filed
before the SIC in Arunachal Pradesh as compared to other States, the choice of
a weightlifter, disregarding the fields of knowledge and experience listed
under Section 15(5) of the RTI Act is difficult to understand.
•
The State Information Commissions of Bihar, Odisha and
West Bengal are filled with only retired IAS officers.
.JPG)
.JPG)
