The leader of Opposition controversy has prevented the Government from appointing a head of the Central Information Commission. This has put the CIC, which administers RTI-related matters, in an existential crisis, writes PANKAJ KP SHREYASKAR
The Right To Information Act, 2005, widely hailed as a landmark piece of legislation both within and beyond the country, set the practical regime for the constitution of a Central Information Commission among others. The new Government has deferred the appointment of a CIC chief as there is no official leader of Opposition in Parliament. The RTI Act, however, clarifies that where the leader of Opposition in the lok Sabha has not been recognised as such, the leader of the single largest Opposition in the lower House shall be deemed to be the leader of Opposition.
The Government’s deferal of the appointment has rendered the CIC headless for the first time since its inception in 2005. The CIC has been conspicuously functioning without a Chief Information Commissioner since August 23, as Mr Rajeev Mathur, the sixth chief IC, demitted office the preceding day. This is an unprecedented situation in the history of RTI Act in India. A similar situation may arise with other commissions as well, if the issue of the leader of Opposition is not resolved.
According to the law, the CIC, a multi-member body, is to consist of the Chief IC and not more than 10 Central ICs. The general superintendence, direction and management of the affairs of the CIC shall vest in the Chief IC who shall be assisted by the others ICs and may exercise all such powers and do all such acts and things which may be exercised or done by the Central Information Commission autonomously without being subjected to directions by any other authority under this Act.
The matter of legislative dispute on how the loP should be appointed was raised before the apex court while hearing a petition regarding the appointment of the lokpal. “Think of giving importance to the voice of the leader of Opposition. If you are not changing the view, we will interpret (the law) and give a ruling,” a Supreme Court Bench, headed by Chief Justice of India RM lodha, told the Government while hearing a public interest litigation on the delay in the appointment of the lokpal on August 23.
A division bench of the Delhi High Court, while adjudicating on an letter Patents Appeal, dated March 29, 2013 inter alia, observed that the role of the CIC is not confined to that of an adjudicator. The CIC enjoys a dual position as it also has a supervisory role in the implementation of the RTI Act.
The Chief IC, primus inter pares, acts as organisational head and administers both the adjudicatory and supervisory role in the implementation of the Act. He also exercises his authority as Head of the Department in terms of such powers as delegated by the appropriate Government. There cannot be an exhaustive listing of supervisory assignments of the CIC.
However, (re)allocation of ministries/departments/public authorities amongst the ICs for discharging their adjudicatory responsibilities, preparation of Annual Reports on the implementation of the Act every year, and the audit of the proactive disclosures of various public authorities, as envisaged in a circular dated April 15, 2013 of the Department of Personnel & Training, can be be some of the key supervisory assignments of the CIC.
Similarly, the Chief IC is responsible for ensuring compliance of the directives of the superior courts while disposing writs of various kinds under Article 32 and/or 226 of the Constitution by the CIC.
Further, holding of annual conventions on various aspects of the RTI has been one of the regular administrative activities of the CIC. This conclave of the CIC, in the last nine years, has been accepted as one of the most reliable intellectual deliberations on the RTI. Its outcomes have risen to the level of being accepted as relevant policy guidelines by the stakeholders including that of the Government. The much celebrated conventions of the CIC have been attended by experts on right to information and freedom of information laws from across the globe including various Indian legal luminaries, political leaders and intellectuals.
The role of the Chief IC in conceiving, planning and concluding these is pivotal. With uncertainty looming large over the organisation of the ninth CIC convention this year, the much awaited consultations from various stakeholders on various themes of RTI seems to have been suspended.
The Chief Information Commissioner and the CIC is inseparable in as much as the existence of the Chief IC is a necessary and sufficient condition for the CIC. Without the Chief IC in position, CIC is vulnerable to be perceived as in the higgledy-piggledy state of affairs.
It would be no exaggeration if the stakeholders raise a question seeking a definitive clarification as to whether can there exists a CIC without the Chief IC.