Dinesh Kamath's Editorial (Don’t tamper with RTI Act) that was published in Newsband

Don’t tamper with RTI Act

One of the biggest achievements of our Parliament was its enactment of the Right to Information (RTI) Act, 2005. This act promoted greater accountability in our country. Information is after all power. This Act gave the people of India right to have information held by public authorities.

Countless Indians are now able to check the status of their ration cards, below poverty line (BPL) cards, passports, application for public schemes etc. The RTI has made the state machinery more accessible. The Act has effective and reasonably efficient implementation machinery consisting of the state and central chief information commissioners (CICs) who have the power to give effect to the provisions of this Act.

In a recent judgment, information commission was equated with judicial tribunal. Now how is this possible? The only issue to be decided before the commission is whether information, which is already available with the authorities, should be disclosed or not. The commission does not therefore dispense justice (like a court), it merely deals with disclosure of information. Also the Act already provides certain qualifications for appointments to the post of information commissioners ("persons of eminence" and "knowledge and experience" in particular fields).

The position of the current incumbents to the post of CICs has become precarious as they cannot continue to work as per the SC decision. It is completely unclear whether they would resign or be removed — and if so, under what provision?

There is no doubt that reforms are necessary in the process of appointments of information commissioners to make it more transparent. But the result of the SC's judgment is bad. Information commissions are not manned by judges in any other country.

Another thing is there are some people who say that RTI Act is a "Brahmastra" for the poor people who are deprived of the vital information. But in India, only influential people have access to legal recourses to amend and redress their grievances to their advantage.

Over and above that our Indian Constitution is amended times without number losing its original efficacy. Such a wonderful act like RTI should not be tampered with.