| New Right to Information Bill, 2004 to Become an Act
By Gopal Krishna 06/05/2005 At 11:26 The new Right to Information Bill, 2004 seeks to confer comprehensive rights on citizens to seek information and broaden transparency, besides covering state authorities and NGOs substantially funded by government. It will also have penal provisions. The Union Cabinet on the night of 4th May decided to repeal the Freedom of Information Act, 2002 and enact a new law to confer statutory rights on citizens to seek information and ensure more transparency
Giving its nod to the Right to Information Act, 2004, a meeting of the cabinet chaired by Prime Minister Dr Manmohan Singh also approved the setting up of information commissions in states and Union Territories.
The bill to shape to the act would be introduced in the ongoing budget session of Parliament. The modified bill, which seeks to repeal the existing Freedom of Information Act 2002, will be introduced in the current session of Parliament ending May 13.
The Cabinet also decided to set up Information Commissions in states and union territories and the State Chief Information Commissioner would head these panels to be assisted by maximum of ten State Information Commissioners to meet the functional needs.
Some Rs 65 crore per annum will be spent on this count apart from providing funds for accommodation, office equipment, vehicles and other ancillary needs of these commissions.
The Right to Information Bill, 2004, was introduced in 2004. It was then referred to the Standing Committee which, in turn reported it back to the House. The Bill of 2004 and the report of the Standing Committee has been considered by a Group of Ministers(GoM).
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Certain loopholes in the new amended Right to Information Bill having been passed by the Lok Sabha raises a question, on the purpose and object it sought to achieve. The tilt which should be towards transparency seems to be more towards the opaqueness.
To ensure that the process of election remains a bipartisan process and no single party or alliance could control the selection of Information Commissioner, the Appointment Committee consisted of PM(Prime Minister), leader Of Opposition in the Lok Sabha and the Chief Justice Of India. But in the amended Bill the Appointment committee is no more represented by the Chief Justice Of India.
Not only this,in the Amended Bill Prime Minister has been given the power to nominate a Cabinet Minister of his own choice to the committee wherein bias and favouritism get a chance to creep in. Similarly, Chief Minister can do so at the state level.
As per the Amended Bill the public authorities have been included in the definition of third party and this would lead two different public authorities to collude in refusing information to the applicant and will unnecessarily delay the process further. Whereas in the original Bill, if the PIO(public information officer) recieved an application about information of a confidential nature that was given by a third party, wherein the definition of third party included another public authority, the PIO was required to give notice to the third party and invite any objections.
Besides the New Bill also lacks to throw light as to where an applicant can file an appeal with State Information Commission if there is unreasonable refusal by the local office of a Central Govt. Department or agency to give information. So, again the confusion and lack of transparency persists. The Amended Bill which is meant to bring solace to the applicants or information seekers proves to be a hard nut to crack.
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