Times of
India: Kochi: Friday, September 06, 2019.
The
recent amendment brought in by the central government to Right to Information
Act (RTI), which allegedly dilutes the powers of information commission, has
been challenged before the high court. The amendment is being challenged before
a court for the first time.
Considering
the petition during admission hearing, Justice Devan Ramachandran has issued
notices to the central and state governments.
The
petition filed by advocate DB Binu, president of Kerala RTI Federation, seeks a
court declaration terming the Right to Information (Amendment) Act, 2019 as
unconstitutional and in violation of Article 14 (equality before law), Article
19 (right to freedom of speech and expression), and Article 21 (right to liberty).
Independence
and autonomy of Central Information Commission and State Information Commission
has been taken away by the amendment and is against rule of law and
constitutional morality, the petitioner has contended.
The
intention of the amendment is to make statutory authorities under RTI Act a
subordinate authority of the Executive and to ensure that they act under the
dictate of the Executive, alleges the petitioner.
Further,
it is contended that the amendment is highly unreasonable and arbitrary, and is
liable to be struck down.
The
amendment also violates the federal structure of the Constitution as it erodes
the dual sovereignty concept enshrined in the Constitution.
Rather
than the constitutional status of central and state information commission,
their knowledge, expertise, public recognition, and their status in society are
to be considered while deciding the service conditions of information
commissioners. National Human Rights Commission, National Consumer Disputes
Redressal Commission, and similar commissions like the Lok Pal are headed by
eminent persons in the rank of Supreme Court judge, the petition said.
None
of these commissions are constitutional bodies, the petitioner contends in
relation to the central government's view that the salaries and other service
conditions of information commissioners cannot be equal to chief election
commissioner or election commissioners and equal to Supreme Court judge as information
commissions are not constitutional bodies.
Appointment
of chief information commissioner and central information commissioners are to
be made by the President on the recommendation of a high-power committee
consisting of prime minister, leader opposition in the Lok Sabha, and a Union
cabinet minister nominated by the prime minister. Therefore, the reasons stated
in the object and reasons of the bill for RTI amendment are factually
incorrect, founded on non-existing facts, and therefore a fraud on the
Constitution, the petition alleged.