Context: An important instrument of participatory democracy-Right To Information (RTI) has marked its 14th anniversary on 12th October 2019.
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To mark the occasion, the ‘Report Card on the Performance of Information Commissions in India’ has been released by the NGOs, Satark Nagrik Sangathan and the Centre for Equity Studies.
Relevance:
GS-2 Important aspects of governance, transparency and accountability, e-governance- applications, models, successes, limitations, and potential; citizens charters, transparency & accountability and institutional and other measures.
GS-4 Probity in Governance: Concept of public service; Philosophical basis of governance and probity; Information sharing and transparency in government, Right to Information
Key Findings of the Report Card on the Performance of Information Commissions in India
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Achievements
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RTI is one of the landmark acts which has led to a significant boost in accountability of the govt towards the people.
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It has given ordinary citizens the confidence and the right to ask questions to the government authorities.
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RTI ensured the maintenance and publication of public records.
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Section 4 of the RTI Act makes it a duty of public authorities to maintain records for easy access
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It also ensured transparency as well as accountability between citizens and public authorities.
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Recently, the government of Rajasthan has launched Jan Soochna Portal (JSP), on the lines of Right to Information Act (RTI).
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RTI emphasizes citizen centric approach.
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It assured information accessibility at every level of public governance.
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According to estimates, nearly 60 lakh applications are being filed every year.
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Challenges
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Government officials face hardly any punishment for violating the law by denying applicants legitimate information.
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It destroys the basic framework of incentives and disincentives built into the RTI Act.
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State and Central Information Commissions, which are the courts of appeal under the RTI Act, failed to impose penalties in about 97% of the cases where violations took place.
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The State Commissions of Tamil Nadu, Sikkim, Mizoram and Tripura did not impose penalties in any cases at all.
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The commissions also have the power to recommend disciplinary action against officials for persistent violations of the RTI Act.
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Only 10 states invoked these powers.
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Many Information Commissions are non-functional or are functioning at reduced capacity as the posts of commissioners, including that of the chief information commissioner are vacant.
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The State Information Commission(SIC) of the state of Andhra Pradesh is yet to become functional.
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The State Information Commission of West Bengal is currently functioning with just two commissioners.
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The Chief Information Commissioner of Maharashtra retired in April 2017 and the government is yet to appoint a new Chief
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The central, as well as state commissions, have an increasing workload, which is leading to huge pendency of cases.
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Any new appeal to the Central Information Commission (CIC) would have to wait more than one-and-a-half years for resolution.
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Central Information Commission (CIC)
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CIC was established in 2005 by the Central Government under the provisions of the Right to Information (RTI) Act, 2005.
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The Chief Information Commissioner heads the Central Information Commission.
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It hears appeals from information-seekers who have not been satisfied by the public authority and also addresses major issues concerning the RTI Act.
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CIC submits an annual report to the Union government on the implementation of the provisions of RTI Act.
State Information Commission
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The Right to Information Act of 2005 provides for the creation of a State Information Commission at the state level.
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The State Information Commission is a high powered independent body which inter-alia looks into the complaints made to it and decide the appeals.
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It entertains complaints and appeals pertaining to offices, financial institutions, public sector undertakings, etc.under the concerned state government.
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The Commission consists of a State Chief Information Commissioner and not more than ten State Information Commissioners appointed by the Governor.