Whispers Forum

Every election has official star ‘Pracharaks’ from leading parties who lead from front but midway unofficial Pracharaks as a Trojan Horse stab the party and its vision from behind making parties run for cover. In BJP PM Modi has been the star ‘pracharak’ since 2014 but no one in the party could dare or dent his or party's image or mission except some midterm statements of MPs who were quickly shown the door by denying them tickets and posts. Though in 2024 BJP ally Deve Gowda grandson created some headache for the party. In Congress though Gandhis were star pracharaks in 2014 suddenly unofficial star pracharak Mani shankar iyer statements helped BJP to build a good narrative, in 2019 Congress had many unofficial star pracharak which kept it in opposition and now in 2024 Sam Pitroda is Congress unofficial star pracharak who's repeated statements are hurting Gandhis and Congress and BJP may gain some crucial seats where such racial thoughts will never be accepted. Let's all wait for next phase and some more controversial statements from more such pracharaks.
S C Saboo

The suggestion to downsize the numbers of Information Commissioners (WIC dated May 7) is out of sync with ground realities. It ignores large pendency of complaints and appeals in the Central and States information commissions, which were created as statutory, quasi-judicial, autonomous bodies. For example, as on June 30, 2021, 2.56 lakh appeals/complaints were reportedly pending with 26 information commissions in the country (Source:Google).These could be attributed to non-transparent criteria of appointment of CIC, SICs, leading to inefficient record management systems and procedures to collect information from field offices leading to delays in processing RTI applications. These force the Central and States’ Public Information Officers to part with inadequate information, half-truths/full-truths to the applicants and complainants with which the information seeker is justifiably never satisfied. The complainant is thus left with no option but to seek intervention of CIC and States’ ICs. The backlog of vacancies also attracted the adverse notice of the Apex court. The court directed the Centre and States to fill up vacancies of ICs in CIC and SICs before these become “defunct and render citizens’ right to know under the RTI Act 2005 as dead letters”. It may be pertinent to mention that the Central IC was forced to function for some time without the CIC and six ICs. Positions in the states are more alarming. For instance, the Tripura and Telangana SICs remained defunct since July 2021 and February 2023, respectively. Worse, Jharkhand IC had been lying defunct since May 2020. Furthermore, other SICs, including those in Maharashtra, Karnataka, Bihar, Odisha and West Bengal, remain perennially crippled due to huge backlog of vacancies. The pendency of appeals/complaints was the highest in Maharashtra. A matter fit for case study by the DOP&T. The centre is constitutionally mandated to ensure full sanctioned strength in the CIC and States’ICs, without vacancies. Some cuts in vacancies due to administrative reasons are, justified. Needless to mention that lack of manpower due to non-filling of vacancies is bound to aggravate the pendency that would adversely impact the citizens’ fundamental right. The RTI Act 2005 has the potential to expose cases of corruption, human rights violations, and other wrongdoings. All these have led to manifold increase in corruption in public sphere. These are also reflected in the poor quality of judgements by the over-burdened information commissioners. With a view to strengthening the institution of CIC and SICs, the recruitment should be made more transparent,less discretionary and less centralized. One last point. The Annual report of CIC and SICs, must, on the analogy of practice by the UPSC, must reveal details of cases where the central and State authorities have refused to part with the information/document to the applicants along with the reasons therefore, despite clear verdicts by the CIC and SICs.
A K Saxena (A former civil servant)

It is clearly stated in the Constitution that the government will treat every section of the country equally, but in the race to get votes of castes and communities, political parties forget their duty towards the society and the Constitution. Overall, manifestos or so-called resolution papers do not have much impact on the public because the public knows that after winning the elections, all the leaders forget their promises. Voters know that no political party has the capacity or intention to solve their problems.
Aditya Kumar

If an order lacks any judiciousness, it lowers the dignity of the office from which such an order has been passed. Apparently, if the appointment is a reward for the "services" delivered, no wonder the quality of orders would depict the same. It is time not to consider the post of information commissioner as a reward for retired bureaucrats. The percentage of bureaucrats working in the Information Commission needs to be reduced drastically if the institution has to gain any respect amongst the people.
Sampoornanand Joshi

In his RTI application, the appellant sought information on 24 points wherein he pointed out which points pertained to which PIOs. The CIC observed that the appellant has indicated 4 PIOs to whom the queries pertained and despite knowing this fact, he has filed single RTI application before Education Department mentioning all the PIOs of different zones with the expectation that PIO of Department of Education would collect the information from all the PIOs concerned and provide it to the appellant. The respondent informed that the appellant is habitual RTI applicant and filed various RTI applications, first appeals and second appeals under the RTI Act just to harass the public authority. It may not be out of place to mention that total 27 second appeals/complaints have been disposed of by the appellant either by his name or his son’s name (Ullas Jain) before the Commission as on date and in most of the cases, he did not appear despite service of hearing notice. The Commission observed that the information as available with the respondent has already been provided to the appellant and no interference from the CIC is warranted. Further, the CIC advised the appellant to exercise his right to information in an informed and judicious manner in the future.
Comments
Many PIO’s have been transferring the RTI application to different zones either out of fear of penalty or under the erroneous belief that they are expected to compile the information and provide to the applicant. It causes unnecessary transfer of RTI application across multiple levels which is not mandated under the RTI Act, 2005.
Citation: V K Jain v. Dy. Director of Education, CIC/DIRED/A/2022/668667; Date of Decision: 22-03-2024
Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Visakhapatnam. She has co-authored the books, RTI Right to Information - Law and Practice and PIO’s Guide to RTI. She offers consultancy on RTI matters and Third party audit. Her other articles can be read at the website of RTI Foundation of India at the link www.rtifoundationofindia.com

This time during the first two phases of voting it is visible that the youth are less inclined towards voting. This means that young voters know that no political party has the ability to solve their problems. It is known to everyone that the biggest problem of the youth is related to employment. There has been no improvement in the unemployment situation in the last several decades. Due to this also the youth are disillusioned. Despite this, people should vote as much as possible because elections decide the future of the country.
Ankita Malviya

The recent intense political events in Indore, MP are expected to influence the political landscape of the Malwa and Nimar region. The decision of Congress candidate Akshay Kanti Bam to withdraw his nomination on the final day of withdrawal has dealt a significant setback to the party. The management of the Congress party failed in handling this situation effectively. This turn of events is likely to impact the political standing of State President Jitu Patwari, particularly since Indore is his home district and he was instrumental in securing the ticket for Akshay Kanti Bam.
Nancy Singh

It is an ironic situation - A senior judiciary member prefers to call himself / an organization headed by himself not a Public Authority. It indicates that either they have not read the definition of "public authority" under the RTI Act or prefer to ignore it. Both these conditions are astonishing which some may even term as dangerous. Ignorance at such a senior level or deliberate overlooking could be fatal for the democratic process. Surprisingly, the Information Commission has not cared to look into the law by itself.
Shubhankar Pandey

Due to the non-availability of CIC and IC in Delhi, most of the second appeals on RTI are pending as early as 15-18 months. CPIO and FAA of various Govt Dept are least bothered about replying to the applications as they are aware that it can be delayed as nothing is also going to happen at the CIC level. Moreover, no strict action and/or penalties are imposed by CIC nowadays, so it has become a waste of time. CPIOS are applying various conditions for not relying upon the RTI and their staff members ask for Money for the same. The Supreme Court has correctly said that RTI has become a dead letter. My 62nd appeals are pending from 1 to 15 months with CIC, no action by CPIOS has been taken on the earlier orders, mainly they are for DDA and RCS, Delhi.
Vishnu Agrawal

The Appellant filed an RTI application with PACL Nodal Officer and Secretary, Judge (Retd) R.M. Lodha Committee seeking certain information. Having not received any response from the CPIO, the Appellant filed a First Appeal with the FAA, PACL Nodal Officer and Secretary, Judge (Retd) R.M. Lodha Committee. Aggrieved with the non-receipt of any response, the Appellant approached the CIC. During hearing, the attention of the CIC was invited towards the following clarification mentioned in the written submissions filed by SEBI, copy of which was also endorsed to the Appellant. The clarification read, “…the Justice Lodha Committee having been constituted by an order dated 02/02/2016 of the Hon'ble Supreme Court of India is not a Public Authority within the meaning under Section 2 (h) of the RTI Act, 2005 and hence would not fall within the purview of the said Act…” After adverting to the facts and circumstances of the case, and perusal of records, the CIC observed that the Appellant has not filed the RTI Application with any public authority as required under Section 6(1) of the RTI Act.
Comments
The CIC has preferred to rely on the submissions of the respondent without referring to the definition of a public authority as per section 2(h) of the RTI Act. any authority or body or institution of self-Government established or constituted by notification issued or order made by the appropriate Govern­ment is covered under the definition of a public authority. As per section 2(a) of the RTI Act, "appropriate Government" means in relation to a public authority which is established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly by the Central Government or the Union territory administration, the Central Government. It is apparent that Justice Lodha Committee having been constituted by an order dated 02/02/2016 of the Hon'ble Supreme Court of India is a Public Authority within the meaning under Section 2 (h) of the RTI Act, 2005.
Citation: M. Shanmugam v. Pearls Agrotech Corporation Ltd. and SEBI, CIC/SEBIH/A/2022/134030; Date of Decision: 14.03.2024
Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Visakhapatnam. She has co-authored the books, RTI Right to Information - Law and Practice and PIO’s Guide to RTI. She offers consultancy on RTI matters and Third party audit. Her other articles can be read at the website of RTI Foundation of India at the link www.rtifoundationofindia.com