The amendments of the Right to Information (RTI) Act restrict the powerful confidence-building of citizens of India and independence of Information Commissioners is at stake.

The Indian Right to Information Act pursues to classify citizen’s fundamental Right to Information and instructs well-timed reply to citizens’ requests for information on the affairs of the government. It identifies that in a democracy the government belongs to its citizens who are the potentates. It bestows citizens the right to own and retrieve the information in government organizations. The fundamental aim of the Act is to embolden the common citizens, assure transparency and to make the government liable for the better governance. It has helped to unearth many scandals the nation has seen since 2005. Thus the Act was helping them to act as vigilance inspectors in discovering dishonest deeds of the government. 

In 2004 the first draft of the RTI Act which was presented to Parliament which had recommended the creation of Information Commissioners to protect the citizens’ right to information. The Bill was discussed by the Parliamentary Committee comprehensively in six meetings. The draft had paralleled the chief commissioners with secretary to government and other commissioners with joint secretaries. The RTI Act 2005 had its origins in the Apex Court verdict which has been pronounced in 1981.

Wilting Rights

The amendments made to the Act in July 2019 are not fortunate. The Lok sabha has passed the RTI Amendment Bill 2019 within three days of its introduction. Initially the Telangana Rashtra Samithi, the YSR Congress Party and the Biju Janata Dal who defeated the BJP in recent elections opposed the Bill in Lok sabha. However, they adjoined their strength to the NDA in Rajya Sabha. Unfortunately the Rajya Sabha also followed the footsteps of the Lok sabha. Although the opposition parties flopped to put up united front mad or crazy rush to pass the Amendment Bill gave birth to numerous mysterious and strange questions. The Amendments announced definitely place Information Commissioners under the thumb of the government and one more autonomous institution will become an enslaved parrot rumbling his master’s voice.

The most controversial amendments which made many to opine that the Bill is an attempt to weaken the power of the RTI are the provision that the terms of office of the Central and State Information Commissioners will be decided by the Central Government and the suggestion that their remuneration and allowances along with the terms and conditions of their service will be regulated by the Central Government. Such void and spurious proposals indicate the underhanded motive of the government and surely place the autonomy of Information Commissions under the capricious regulation of the government in absolute power.

The government also proposes to consider the Central Information Commissioners and the Election Commissioners differently on the ground that both have dissimilar mandates.

By employing the RTI truckload of interrogations were made from the village ration shop to the Central bank of India and numerous questions were raised on demonetization, non-performing assets, defense deals, electoral bonds, unemployment issues, the appointment of various judicious authorities namely Central Vigilance Commissioner, Election Commissioners etc. Now the government is showing interest to amend this!

Haste means Waste

Prime stakeholders who utilize The Right to Information and the Central and State Information commissioners (past or present) were kept in the dark and not at all consulted before introducing the Bill. The draft of the Bill was not made available to members in advance and no time was allotted to them to study the pros and cons of the Bill. Also enough time was not given to parliamentarians between the introduction and discussion about the Bill. Thus The Bill introduction disobeys the provision of the Pre-Legislative Consultation Policy which stipulates public revelation and discussion on draft legislation. Due to this Members of Parliament, citizens and the media were unknown about the contents of the Bill. All these raise serious questions about transparency of the Bill. 

It is profoundly wrong to say that the RTI is not a constitutional right. The government’s contention that RTI is not a constitutional right cannot be upheld. Numerous judicial pronouncements of the Supreme Court have conferred the constitutional right to RTI. The ruling government is also of the opinion that RTI Act was passed in hurry in 2005. According to the sources, all the provisions were critically evaluated by the Parliamentary Standing Committee after consulting governmental, non-governmental and related stake holders in 2005.

While the government argues that amendments to the Act is routine streamlining and rationalization of procedures, the rude haste and mystery should not undercut citizens’ right and obstruct scratchy questions.

Let’s fight our battle

Many proud and concerned Indians across the nation exhibited their discontentment towards the government’s action of amending the RTI Bill to hijack the Indian democracy. It is sad that the government wants to weaken the strong legislation which gives the power to citizens to raise the flag against government in various spheres.

People who bothered about the bright future of India should wakeup immediately and take power packed decision to save RTI. The citizens of India must write to the President asking him not to sign the bill. They need to continue trying to induce our government not to follow this pathway and it is the prime responsibility of citizens to safeguard our Constitution. In addition, we can force the government to focus on vital challenges faced by the independent organizations instead of tempering their supremacies and send the Bill to a parliamentary select committee for in-depth verification. The government may amend a law but cannot stop a well united movement. If we fail to save RTI, this sunshine law will lose its’ starlight.

Sorrowfully, there was not sufficient public pressure on the government to abstain from murdering the true spirit of the original decree. Poor people need food and not transparency and freedom. They are aware that they have been deprived of their basic rights through a net of false promises based on documents that are mentioned, but never publicized. But as per the RTI these documents were made available to them and us. That is the apex reason why we must oppose any law which makes the Right to Information misleading and deceptive.

Although the UPA government gave a huge gift to the country in the form of RTI, they failed to market it properly. The BJP on the other hand grabbed the RTI as golden opportunity to expose corruption and other cracks of the UPA government. However, the hasty amendment to the Act makes us to ask a valid question that why the ruling government is scared of RTI now? Whether the government wants to continue autocratic style of governance and thinks that RTI is concealed insecurity to that? Whether the government is worried of RTI which is strong enough to disassemble the complete power? These questionings really make us to recall the famous play titled ‘Who is Afraid of Virginia Wolf?’

BY SHIVANAND PANDIT