The New Indian Express: New Delhi: Sunday, July 22, 2018.
The
government’s move to amend the RTI Act has been facing stiff resistance from
the Opposition parties as well as transparency campaigners who feel the
proposed amendments will dilute the Act. India’s first Chief Information
Commissioner Wajahat Habibullah says the RTI (Amendment) Bill, 2018, if passed,
will weaken the information commission and dilute its independence, promote
patronage and increase lobbying for the posts. Expressing disappointment over
the fact that the NDA, which came to power promising honesty and integrity, has
moved such an amendment without public consultation, Habibullah tells Richa
Sharma that this gives the impression that the government is trying to bring
the Information Commissioners under its control.
What is your
reaction to the proposed RTI amendment?
The direct
effect will be to weaken the information commission and its indirect impact
will be to intrude into the independence of the commission. The objective of
such bodies is not giving it some status but to retain its independence, and this is in the government’s own
interests. We all respect the Prime Minister for his integrity.
If somebody
has a grievance, the person will go and ask for information and that will come
to the notice of the department concerned and it will get into its record.
Wouldn’t he (PM) prefer that? In this case (through the amendments proposed),
you are promoting patronage. It is happening in the government already; they
should strengthen the instrument rather than weaken it. Any changes (proposed)
must be put in public domain and public opinion must be obtained. They are
supposed to consult other departments but even sitting Information
Commissioners were not consulted.
There have
been attempts to dilute the RTI by previous governments…
There was an
attempt to weaken it in 2006 and then, a file noting became a big issue. After
that, the government withdrew it and did not press for it. Then Prime Minister
Manmohan Singh said that in future, whenever we seek to make any amendment in
the Bill, it will be made with the consultation of the public. That was the
commitment from the Prime Minister of India and not a commitment from Dr
Manmohan Singh. Surely, the Government of India should treat that as a policy
decision.
Do you
feel there has been an attempt by the Centre to interfere in constitutional
authorities?
What is the
intention: has the law not been functioning properly? has the information
commission been irresponsible and can’t behave?
What is the reason (for bringing the amendment)? You (the government)
are giving a reason to feel that you want to bring the commission under your
control and I don’t want to say yes to it without knowing it (the reason). I
had been a quasi-judicial officer, so I don’t give opinions without a proper
proof. Yes, there are so many possibilities since the government has not
explained the need for this amendment.
There have
also been demands for improving the functioning of Information Commissions..
You
(government) should have taken steps to strengthen the commission rather than
weaken it. Even during the UPA, many people used to criticise the government
for not doing anything to support the implementation. In 2013, the Information
Commission ruled that six national parties were all public authorities. This
should have been implemented, but it has not.
The
government tends to be wary of RTI for understandable reasons. But what I am
very disappointed personally and as former CIC is that this government, after
having won elections on the assurance of honesty and integrity and that was the
promise made to the country has now brought this.
What are
the issues plaguing the Act?
It is a very
good law, but there is a need of improvement in certain areas. We are still
operating a post-colonial system of governance. The present government has the
right ideas, expressed no less than by the Prime Minister, who talked of
“minimum government and maximum governance”. For that, it is necessary to bring
reforms and they have even taken some steps, like lateral entry. But these are
piecemeal efforts…you have to take a holistic view.
There have
been efforts to hide information. Will this amendment strengthen that?
Well, whether
there is such an attempt or not, I can’t say. But that will surely be the
effect the amendment will have.
Do you
think bringing salaries and tenures (of Information Commissioners) under
Centre’s control will increase corruption?
Why has
corruption arisen? Because you have opportunities. So, why create opportunities
for corruption?
What are
the areas in the Act that need urgent attention?
I think
Section 4 of the Act, which says all the information will be put online, but
there is no clause that enforces it. Section 4 is the principle clause of the
Act and makes it unique. The government also needs to review its document for
what still needs to be kept ‘secret’ and what is ‘confidential’.
Do you
think due process was not followed in bringing the RTI amendment Act?
The
government should have put it in the public domain well before Parliament
started functioning. It should have invited comments and Information
Commissioners should have been consulted as they are part of the government. If
you are brining changes in the law that is directly affecting them (IC), then
you should consult them first. You could have consulted them and dismissed
their concerns if you did not find it valid that is the prerogative of the
government. It doesn’t have the prerogative to circumvent the consultation
part.
The
Whistleblowers Bill and Lokpal appointment is still pending…
The whole
process starting from the Prevention of Corruption Act in 1988, the 73rdand
74th amendment of Panchayati Raj and the RTI Acts. All these were to
decentralise authorities and prevent corruption. But they haven’t, and the tool
through which you were to implement these is the old, post-colonial
bureaucratic structure; you haven’t refined the tool.
There is a
huge vacancy of Information Commissioners.
I can’t say
(what is the reason) for the huge pendency (vacancy), it was there during the
previous government, too. There could be too many contenders, lobbying from all
sides. In fact, these proposed amendments will make it worse.
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