RTI act amendment 2019 ?
In the ongoing session of Parliament one more amendment has come upon table. The Government now proposes to amend the Right To Information act (RTI) 2005. The RTI act, which was enacted in Parliament on 22 June,2005 and it came into power on 12 October 2005. The main convenor of this act was Aruna Roy. Basically it extended all over the India except Jammu and Kashmir. Though It is not constitutional body, it is statutory body. It is equated to election commission of india, not like a constitutional body but as given authority. The authority under this act is called quasi judicial authority. The RTI act provides Indian citizens fundamental right to access to the information of any institutions and authorities under government of India as well as political parties. Under this Act Government department must have to computerize its data. The official secret act 1923 that restricted the disclosure of government data, also was given relief. Though the official secret act now also remains in force, its criteria was limited. The funding of government of India to national political parties was indirect, so get information about the funding to parties came under the RTI act but after the amendment in August 2013 that deprived the right to question about indirect funding to parties.
The RTI act has federal structure at the central level the central information commission [CIC] and at the state position there is State information commission [SIC]. The chief of information commission [CIC] is appointed by the President of India, and SIC is appointed by the governor of the state. Because of the federal system SIC is not under the jurisdiction of CIC. No jurisdiction can't be made on SIC by CIC. So SIC is is not under the any threat and command by the CIC.
The ACT clarified that CIC and SIC will be independent body and no pressure can be exerted on this institution. The RTI act replaced the Freedom of information act 2002, and give more power to this body to act in favour of Indian citizen's Right. CIC and SIC are appointed for five year term from he enters upon his the office or till he attains the age of 65. The Act also proposed for only one chief member and not more than 10 members at the both level. The salary and allowance will be equal to the Chief election commission[CEC]. The utmost power of this institution is equal to EC and The judge of Supreme court.
In RTI act, each and every citizen of India has a right to seek information from the government about any Department. The provision is that the reply from the regarding institution should come within 30 days.
Sometimes government bodies violate the norm of RTI act and don't reply of request. In India there were seen many cases in which the reported body avoided the demand of seekers and get them waited for more than a year to get the information. The sore point of this Act is to not providing the security and surety of the lives of those persons who seek data. Many persons were tortured and sometime they were killed. There are many cases pertaining to this brutality. And now people are afraid of seeking information from departments and institutions. It is now up to government to defend the lives of people and also assist to provide information.
Now the point is why it is now in limelight, because of the amendment of RTA act 2005, which was introduced on July 19,2019 in Lok Sabha by the Jitendra Singh the minister of state of prime minister's office. The main proposal of this act that have to amend is, first the government wants to take away the right of president and governor to appoint the CIC and SIC respectively.
Second, since its commenced the term of the office of the CIC and SIC is five years, but now government wants to take it under its power to decide the term according to its own vested interest. Under Section 13 of The RTI act the salary and allowance will be decided under provision but now Center government wants to take it under its power, and section 16 of The RTI act in which it implies that the SIC will be direct under the governor of the state, but now government swipe away this right from governor.
I think after this amendment, the Act will lose its independence and credibility and the chairman of this institute, who could earlier direct the regarding institution to follow its rule and reply of concerning people, but now will not able to do work with full privilege because he may be threatened by the government officials on the basis of term and salary. So as per the eminent people's view, This amendment is a end of the hope of citizens, and it will keep people under the carpet. Why Government wants to take president rights under it, what is a reason to dismantling this institution, does government not want to disclose its information, does government want to run system by its own vested interest.
I think, this RTI act helped in past to disclose the many scam like 2G, common wealth game, wyanpam, and many others. By this act this government was able to come into power in 2014, the disclosure of these scams opened the face of that time government and give chance to BJP.
So I think government must have to think about the rethink of these amendments, and give more power rather than snatch. In this time Rafale may be a big scam so government may prepare for its depending.
What is good or bad not matters for me, matter why these institutions are capturing day by day, whether it is EC, CBI, or IC. These institutions were given separate status by the Constitution. So government needs to introspect.
Date:- July, 7, 2019
Written by :- Mahendra.
🇮🇳 JAI HIND. 🇮🇳
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