Latest Topics in News
RTI Under Threat: SC Cracks Down on Information Commissions Vacancies, Directs Centre & States to Fill Posts
Why in News Now?
- Supreme Court recently directed Centre and state govts to fill vacancies in CIC and SICs
- Expressed concern that failure to fill vacancies defeats purpose of RTI Act
The Supreme Court recently told the central and state governments to fill empty positions in the Central Information Commission (CIC) and State Information Commissions (SICs).
The Supreme Court is worried that if these positions remain empty, the Right to Information (RTI) Act will not work properly. The RTI Act allows citizens to ask for information from the government. But the CIC and SICs are needed to handle citizens’ requests and complaints under the RTI Act. If there are no CIC and SIC members, citizens cannot get information from the government.
So the Supreme Court wants the central and state governments to quickly fill the empty seats in the CIC and SICs. This will allow the RTI Act to work for citizens as it is supposed to.
Overview
| Sections | Details |
|---|---|
| Why in News? |
|
| Central and State Information Commissions |
|
| Impact of Vacancies |
|
| SC Directions |
|
| Way Forward |
|
What is the Role and Importance of CIC and SICs?
Central Information Commission (CIC)
- Statutory body established under RTI Act 2005
- Highest appellate body under RTI
- Headed by Chief Information Commissioner
- Jurisdiction over central govt authorities
The Central Information Commission (CIC) was set up under the RTI Act in 2005. The CIC is the top body that handles complaints under the RTI Act against central government offices.
The CIC is headed by the Chief Information Commissioner. The CIC can look into complaints against all central government authorities like ministries, public sector companies, etc.
State Information Commissions (SICs)
- Statutory bodies established under RTI Act by state govts
- Highest appellate bodies under RTI at state level
- Headed by State Chief Information Commissioner
- Jurisdiction over state govt authorities
State Information Commissions (SICs) were also created under the RTI Act in 2005. But they were set up by state governments, not the central government.
SICs are the top bodies that handle complaints under RTI Act against state government authorities.
Each SIC is headed by a State Chief Information Commissioner. SICs can look into complaints against all state government authorities like state government departments, public sector companies under states, etc.
So while CIC handles RTI complaints against central government offices, SICs handle complaints against state government offices. Both were created under the RTI Act to help citizens get information from the government.
Key Functions
- Receive and inquire into RTI appeals and complaints
- Have powers of civil court for summoning, discovery etc
- Can investigate suo moto
- Submit annual reports to parliament/state legislature
The CIC and SICs have some important functions under the RTI Act.
They receive appeals and complaints from citizens under the RTI Act. If a person does not get information they asked for, they can complain to the CIC or SIC.
CIC/SICs investigate these complaints. They have powers like civil courts to call witnesses or ask for documents. This helps them properly investigate complaints.
CIC/SICs can also investigate on their own if they feel something is wrong, even if no citizen complained.
They also submit yearly reports to the Parliament and state legislatures. These reports are on how well the RTI Act is working.
Significance
- Crucial for transparency, accountability in governance
- Effective grievance redressal
- Bridge between citizens and government
The CIC and SICs are very important under the RTI Act.
They help bring transparency and accountability in governance. Since they can investigate complaints against government authorities, the authorities work better.
They also provide citizens an easy way to raise grievances about not getting information. Citizens don’t have to go to court against the government.
The CIC and SICs bridge the gap between citizens and government. They allow citizens to ask questions and get information about the government’s functioning.
So CIC and SICs make the RTI Act powerful. They make it easy for citizens to get information and ask questions. This improves governance.
Vacancies and Their Impact
Status of vacancies
- CIC functioning without Chief, 7 vacancies
- Several SICs without Chief, multiple vacancies
- Some SICs completely defunct
There are many vacant positions in CIC and SICs across the country.
The CIC has no Chief and 7 empty positions.
Many SICs have no head and multiple empty seats.
Some SICs like Jharkhand, Tripura and Telangana have completely stopped working due to vacancies.
Consequences
- Huge backlog of pending RTI appeals and complaints
- Delays in information access, defeating RTI’s purpose
- Affects transparency, accountability in governance
- Weakens grievance redressal mechanisms
- Diminishes citizens’ right to information
These vacancies are causing many problems.
There is a huge backlog of RTI complaints pending across CIC/SICs. Over 3 lakh RTI complaints are still pending.
With less CIC and SIC members, complaints take very long to resolve. In some SICs it takes years to resolve a complaint.
This delays and denies information to citizens under RTI. It defeats the purpose of the RTI Act.
It also reduces accountability and transparency of the government. And weakens the grievance redressal mechanism for citizens.
So due to vacancies, citizens’ right to information under the RTI Act has diminished.
Stats from recent performance review
- Over 3 lakh appeals pending across SICs
- Jharkhand, Tripura, Telangana SICs defunct
- Estimated disposal time several years in some states
A recent review of CIC/SICs shows the impact of vacancies.
Over 3 lakh RTI complaints are still pending across the country.
Some SICs like Jharkhand, Tripura and Telangana are completely non-functional due to lack of members.
In some SICs like West Bengal, it will take over 24 years to resolve a complaint at the current rate.
So vacancies are severely affecting the functioning of CIC/SICs under the RTI Act.
Supreme Court’s Directions
- Directed Centre and states to take immediate steps to fill vacancies
- DoPT to prepare vacancy position and pendency status for all Commissions
- Ensure RTI Act does not become ‘dead letter’
Seeing the problem of vacancies, the Supreme Court has given some directions.
It has directed the central and state governments to quickly fill all empty positions in CIC and SICs.
It has asked the DoPT ministry to prepare a report on how many positions are empty in all CIC/SICs.
The Supreme Court said vacancies are making the RTI Act useless. So filling vacancies is very important.
Way Forward
- Appointments to be made promptly based on merit, integrity
- Digitization of records for efficiency
- Awareness campaigns on RTI at grassroots
- Empower and protect RTI activists
- Comprehensive reforms to make Commissions effective
Some things need to be done to improve the situation.
Appointments should be done quickly based on merit and honesty.
Records should be digitized to make working more efficient.
More awareness is needed among people on using the RTI Act.
RTI activists and users should be empowered and protected.
Comprehensive reforms are needed to make CIC and SICs more effective.
The Supreme Court directions are very important to fill vacancies in CIC/SICs. If vacancies remain, the RTI Act and CIC/SICs cannot function. The government needs to take action soon.
