KALPESHKUMAR L GUPTA

Ph. D. Scholar GNLU

UGC Sponsored National Seminar

on Evaluating the Six and Half
Decades of the Constitution of
India and the Changing Roles of
the Constitutional Institutions 1
October 22-23, 2016
Information Commissions have become the biggest
threat to the transparency movement.

Shri Shailesh Gandhi

Former Central Information Commissioner, New Delhi

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Outline of the presentation

1.Introduction
2.Legal Provisions
3.Some Leading Orders
4.Recent Scenario
5.Conclusion &
Recommendations
6.Q & A

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Outline of the presentation

1.Introduction
2.Legal Provisions
3.Some Leading Orders
4.Recent Scenario
5.Conclusion &
Recommendations
6.Q & A

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Introduction

- Right to Information is enshrined under Article 19(1)(a) of

Constitution of India

- RTI Act, 2005 passed on June 15, 2015 and came

into force October 12, 2005

- Objectives are
- to bring the transparency and accountability in the
governance and
- setting up of Central Information Commission & State
Information Commission

- 1.75 crore RTI applications filed since 2005 : Study*

- 4800 applications are filled everyday *

* http://economictimes.indiatimes.com/news/politics-and-nation/1-75-crore-rti-applications-filed-since-
2005-study/articleshow/54705694.cms
5
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Application 1st Appeal 2nd Appeal
Section 6 Section 19 Section 19

Complaint
(Section 18)

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Outline of the presentation

1.Introduction
2.Legal Provisions
3.Some Leading Orders
4.Recent Scenario
5.Conclusion &
Recommendations
6.Q & A

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Legal Provisions

- Central Govt. constituted the Central Information

Commission under Section 12

- State Govt. constituted the State Information Commission

under Section 15

- There will be one Chief Information Commissioner and other

Information Commissioners not exceeding 10.

- Term is for 5 years

- Not eligible for reappointment

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Section 12 Section 15

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Outline of the presentation

1.Introduction
2.Legal Provisions
3.Some Leading Orders
4.Recent Scenario
5.Conclusion &
Recommendations
6.Q & A

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Some Leading Orders

- CBSE & Ors v/s. Aditya Bandopadhyay (SC 2011)

- Answer Sheet case

- Secretary General, SC of India v/s. Subhash Chandra

Agrawal, Delhi HC, 2010)
- Judges Asset Case

- Subhash Chandra Aggarwal & Anil Bairwal v/s. INC,

BJP,CPM, CPI, NCP, BSP, Central Information
Commission, 2013
- Political Parties

- BCCI
- Not Public Authority as per CIC Decision 2011
- Justice Lodha Committee submitted report to SC for taking
control of BCCI.

- O P Gandhi v/s. Tihar Jail (CIC, September 27, 2016)

- Tihar Jail Compensation case
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Some Leading Orders

There are various other orders in which information commission

decided matters on following issues.

 Whether an organization is a public authority or not?

 Whether matter is in public interest or not?

 Striking the balance between private information and public

information

 Whether information is held under fiduciary relationship or not?

 And finally matter relating to non reply of application, aggrieved

from reply etc.

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Outline of the presentation

1.Introduction
2.Legal Provisions
3.Some Leading Orders
4.Recent Scenario
5.Conclusion &
Recommendations
6.Q & A

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Recent Scenario

- Vacancies
- Backlog of cases
- Penalty
- Compensation
- RTI Monitoring & Reporting
- Efficiency of Information Commission

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Source :- Times of India, October 10, 2014
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“Government agencies are trying to avoid true
information one way or another, they are
misinterpreting the questions knowingly and very skilfully
and sometimes state information commission is also
favouring and protecting them as head of organization
and commissioners are IAS officers”

Yash Dave

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“As far Gujarat is concerned, I have no words to criticize
or blame. Here, commissioners are agents of government
and are reluctant to impose penalty enough and to
direct the govt. to initiate inquiries against defaulting
PIOs. Please keep category in bad survey”

Natvarlal Acharya

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“Number of appeals rotting in Karnataka State
Information Commission. The useless Information
Commissioner sitting there are not interested in disposing
of any of the cases filed and I do not know why they are
there and what for the Government is paying them”

Hanglur Srinivas Varma

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Outline of the presentation

1.Introduction
2.Legal Provisions
3.Some Leading Orders
4.Recent Scenario
5.Conclusion &
Recommendations
6.Q & A

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Conclusion

- Performance of Information Commissions is not encouraging.

- Thousands are appeals/complaints are pending across the
India
- In the recent global RTI ranking India slipped to 4th rank.
Earlier it was at 2nd Rank

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Conclusion
2016 Rankings

Ranking Country
1 Mexico
2 Serbia
3 Slovenia
4 India
5 Croatia
6 Liberia
7 El Salvador
8 Sierra Leone
9 Sri Lanka
10 Tunisia

http://www.rti-rating.org/

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Recommendations

- RTI application/appeal format standardization

- Various payment option for RTI application fees
- Benches of commissions to be established as per need
- Video conferencing facility to be installed in the office of
Information Commissions
- Vacancies to be filled up
- Proper training to PIO/Appellate Authority so that they can
handle the case effectively
- Robust centralised online application/appeal mechanism to be
set up
- Helpline centre for RTI application/appeal
- SMS alert for case hearing
- Intensive campaign for RTI awareness as per Section 26
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 Click on State RTI
Portal

Click on District

Click on PA/FC

Online RTI Application Flow

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Recommendations

Information Commissioners in his individual capacity

Ratnakar Gaikwad Shailesh Gandhi Prof M Sridhar

Maharashtra State Former Central Central
Chief Information Information Information
Commissioner Commissioner Commissioner

March 2014 heard Paperless office Remarkable/Quality

759 appeals Orders
In 97% cases on
the spot decision Timely Case
Disposal

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Outline of the presentation

1.Introduction
2.Legal Provisions
3.Some Leading Orders
4.Recent Scenario
5.Conclusion &
Recommendations
6.Q & A

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Any question ?

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References :-

http://indianexpress.com/article/politics/cic-congress-rti-political-parties-donations-2865089/, PTI,
New Delhi, June 20, 2016

“CIC may have its head soon”, The Hindu, New Delhi May 10, 2015 retrieved from
http://www.thehindu.com/news/national/cic-may-have-its-head-soon/article7190317.ece

Dhawan Himanshi (2014), “RTI backlog burden: Waiting period 60 years in MP, 17 in West Bengal”,
The Times of India, TNN, October 10, 2014, http://timesofindia.indiatimes.com/india/RTI-backlog-
burden-Waiting-period-60-years-in-MP-17-in-West-Bengal/articleshow/44766766.cms

Mehta Manthan, “ CIC fines babus in less than 1% cases”, The Times of India, October 15, 2011
retrieved from http://timesofindia.indiatimes.com/city/mumbai/CIC-fines-babus-in-less-than-1-
cases/articleshow/10359854.cms on October 5, 2016

http://www.humanrightsinitiative.org/blog/trends-from-the-cics-annual-report-for-201415-rti-
applications-decline-cic-imposes-fewer-penalties retrieved from October 5, 2016

Retrieved from http://www.livelaw.in/public-authoritiesstate-must-compensate-victims-extra-

detention-violates-right-life-cic/ on October 9, 2016

Biswas Partha Sarathi (2016), “Defying RTI, 25 public authorities fail to submit annual returns to
Maharashtra SIC”, The Indian Express, October 17, 2016 retrieved from
http://indianexpress.com/article/india/india-news-india/defying-rti-25-public-authorities-fail-to-
submit-annual-returns-to-maharashtra-sic-3086561/ on October 17, 2016

Pallavi (2012), “Selection of RTI Commissioners flawed, arbitrary: Shailesh Gandhi” retrieved from
http://www.firstpost.com/india/selection-of-rti-commissioners-flawed-arbitrary-shailesh-gandhi-
367915.html

--- (2015) “Transparency In Appointments Of Commissioners Is Answer To RTI Woes” retrieved

from http://www.huffingtonpost.in/shailesh-gandhi-/transparency-in-appointme_b_8283448.html
on October 13, 2016
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References :-
Yadav Shyamlal (2015). “You can’t use RTI to light up every corner: Chief Information
Commissioner Vijai Sharma”, The Indian Express, December 22, 2015
retrieved from http://indianexpress.com/article/india/india-news-india/you-cant-use-rti-to-light-up-
every-corner-chief-information-commissioner-vijai-sharma/ on October 10, 2016

Office Memorandum No. 1/1/2013-IR, Dated April 22, 2013 available at

http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02rti/1_1_2013-IR-D.pdf accessed on
December 17, 2013

Making the Right to Information a Reality , https://www.youtube.com/watch?v=PDv77HMA7Og

retrieved from October 5, 2016

Shukla Ashutosh (2014), “Maharashtra Information Chief Ratnakar Gaikawad hears 759 appeals in
March, a record for one month”, DNA, April 30, 2014 retrieved from
http://www.dnaindia.com/mumbai/report-maharashtra-information-chief-ratnakar-gaikwad-hears-
759-appeals-in-march-a-record-for-one-month-1983486 on October 4, 2016

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Kalpeshkumar L Gupta
advocatekgupta@gmail.com 30
www.klgupta.in