CIC set for expansion as RTI cases mount

[sidmis]

CIC set for expansion as RTI cases mount
As Reported by Manoj Mitta ,TNN, 19 Aug 2008

NEW DELHI: Given the manner in which RTI has caught on in less than three years, the government has decided to enlarge the Central Information Commission (CIC) adding four members to the existing five. Since the process of appointments under the transparency law has however been shrouded in secrecy, RTI activists have thrown a spanner in the works by proposing eminent persons who are willing to serve as information commissioners without taking salary, allowances or even government bungalow.

Their credentials to sit in judgment on RTI appeals are formidable. Jagdeep Chokkar and Trilochan Sastry are IIM professors who fought for the electoral reform that makes candidates declare their assets and criminal antecedents. Shailesh Gandhi, an engineer from IIT Bombay, is the convener of ‘‘national campaign for people's right to information'' spearheading the RTI movement. H Sudarshan, a doctor who was awarded Padma Shree for his work in rural areas, has been vigilance director with Karnataka's Lokayukta (ombudsman).

The ones who proposed their names in a letter to UPA chairperson Sonia Gandhi on August 17 are no less eminent: Anna Hazare, Medha Patkar and Magsaysay awardees Arvind Kejriwal and Sandeep Pandey.

According to the letter, Chokkar and the other three are willing to draw a token salary of Re 1 per month - their sole motive in taking up the assignment of information commissioner being ‘‘to further the cause of transparency in governance''.

The unusual strategy adopted by civil society of suggesting alternative names may put pressure on the department of personnel and training (DoPT), which faced flak in 2005 when four of the five information commissioners appointed by it turned out to be ex-bureaucrats. The present babu-domination is despite a broad provision in the RTI Act that the information commissioners shall be ‘‘persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance''.

The RTI activists chose to address the letter to Sonia Gandhi because she is credited with pushing the historic legislation in the face of resistance from ministers and bureaucrats. Pointing out that the country has no dearth of eminent people who are willing to work selflessly as information commissioners, the August 17 letter says: ‘‘It is high time that the government stopped confining its choice to retiring bureaucrats or to people who cultivate powers that be in anticipation of getting such posts.''

While confirming that it has decided to enlarge CIC, the minister in charge of DoPT, Prithviraj Chavan, told TOI that the appointments were being made according to the prescribed procedure which involves a selection committee consisting of himself, the prime minister and the leader of opposition in the Lok Sabha. As for the civil society's grievance about the lack of transparency in the appointments, Chavan said: ‘‘That can't be a public process.''

But how can appointments under RTI be secretive? ‘‘RTI does not mean that the names have to be disclosed while the process is still on,'' Chavan said. For the same reason, the minister declined to comment on the apprehension expressed by RTI activists that one of the candidates under consideration was DoPT secretary Satyananda Mishra. If that does happen, it would set a pattern as even in 2005 DoPT had appointed its then secretary, A N Tiwari, as one of the information commissioners.

The RTI activists on their part have written that if the government rejects the eminent persons proposed by them, then it should explain to the nation how their candidates were found less suitable than its own nominees.

CIC set for expansion as RTI cases mount-India-The Times of India

[abhi987]

NAMES PROPOSED AS CIC MEMBERS
JAGDEEP CHOKKAR and TRILOCHAN SASTRY | Both are IIM professors who fought for electoral reforms to make candidates declare their assets and criminal antecedents
SHAILESH GANDHI |
IIT-Bombay engineer who is spearheading the RTI movement
H SUDARSHAN | Doctor awarded the Padma Shree for his work in rural areas. He has been vigilance director with Karnataka’s Lok Ayukta

[sidmis]

CIC expansion: LK skips meet, wants babus out
as reported by Manoj Mitta, 23 Aug 2008, TNN

NEW DELHI: The government has suffered the mortification of postponing
a meeting required under the RTI Act as the leader of opposition in
Lok Sabha, L K Advani, refused to attend it unless a fresh list of
names was drawn up for the proposed expansion of the Central
Information Commission (CIC).

In a letter to Prime Minister Manmohan Singh on Thursday, Advani cited
three reasons for declining to attend the meeting that was scheduled
to take place the same evening between these two and home minister
Shivraj Patil, who constitute a committee under Section 12(3) of the
Act, to select the information commissioners proposed to be added to
the existing five in CIC.

Advani referred to the TOI report of August 19 stating that
"public-spirited activists who have been in the forefront of this
campaign for transparency in government have taken exception to the
fact that government's choice of information commissioners is limited
to retiring bureaucrats."

Advani said the objection of the activists was "justified" as the RTI
Act gave the committee "a very wide choice" by laying down that the
information commissioners shall be "persons of eminence in public life
with wide knowledge and experience in law, science and technology,
social service, management, journalism and mass media or
administration and governance."

He was also miffed at the fact that the government seemed to have sent
him the names more for information than for consultation.

The agenda containing the names of five nominees was sent to him just
a day before the scheduled meeting, that too without any prior
information. "In meetings of this nature where nominations for
important positions are to be decided," Advani said, "names are
invariably discussed with members of the committee informally before
they are formally placed before the committee."

Apart from such procedural violations, the BJP leader expressed
"serious reservations about the agenda as circulated." He wrote to the
PM that he had "communicated my reservations orally" to the home
minister.

Within hours of receiving his letter, Manmohan Singh replied to Advani
saying that in deference to his request, the meeting had been
postponed. The PM did not however respond to any of the issues raised
by Advani. Instead, putting the ball in Advani's court, Manmohan Singh
said, "If you have any names to suggest for appointment as information
commissioners, you may like to send them to me early."

It is meanwhile learnt that the five nominees of the government
include Satyananda Mishra, who is retiring shortly as secretary of the
department of personnel and training (DOPT), which is the nodal agency
of RTI. If the committee approves his name, it would set a pattern as
even in 2005, the year in which RTI was enacted and CIC was
established as an appellate authority under it, DOPT had appointed its
then secretary, A N Tiwari, as one of the information commissioners.

http://timesofindia.indiatimes.com/India/Advani_against_babus_as_RTI_bosses/articleshow/3395029.cms

[karira]

Originally Posted by sidmis

It is meanwhile learnt that the five nominees of the government
include Satyananda Mishra, who is retiring shortly as secretary of the
department of personnel and training (DOPT), which is the nodal agency
of RTI. If the committee approves his name, it would set a pattern as
even in 2005, the year in which RTI was enacted and CIC was
established as an appellate authority under it, DOPT had appointed its
then secretary, A N Tiwari, as one of the information commissioners.

Readers will like to note that under Mr Satyananda Mishra, DoPT (which is the Nodal Agency for RTI at the centre), has consistently refused to remove the note on its website regarding file notings- in spite of several written order from the CIC.

If Mr Mishra refused to accept the orders of the CIC and consistently ignored the provisions in the RTI Act, how can he be expected to be a "unbiassed" Information Commissioner ?

[vijendra singh]

Such a bureocrate who disregarded the CIC & RTI Act05 intentionally & persistently must never be appointed in CIC. I do not know who created the proposed list. No beureaocrate must be appointed in CIC PM must think before calling the appoinment committee.

[abhi987]

A wild thought but I feel SIC and CIC should be directly elected by the people of India.

In parliamentary system of election, if one contests as an individual for elections, one needs to belong to a political party to actually make a meaningful contribution to the system.

But I feel one can make sweeping changes and contribute dramatically to the system as an individual SIC /CIC.

So if there was a public election of SIC / CIC it would definetly be hotly contested, people will have a choice to elect a good individual and he will be free from all the pulls and pressures of political bosses.

[ganpat1956]

Originally Posted by abhi987

A wild thought but I feel SIC and CIC should be directly elected by the people of India.

A wild thought ofcourse and not a workable solution for the august office of CIC/SIC

[abhi987]

Dear Ganpatji,

I respect your opinion.

But if we have a system of electing the august office of CM and PM indirectly by the people of India where they have very little choice of voting directly for CM / PM but indirectly for a few political parties rather then individuals who in turn in coalition elect CM / PM , why not trust them to elect individuals then parties who give tickets to individuals.

It is indirectly giving a try to the presidential system of democracy, where a huge power is vested in an indivdual by the majority of the people.

That way we can have both parliamentary system of democracy as well as presidential system of democracy at the same time, can we not give it a try?

[shan]

Their credentials to sit in judgment on RTI appeals are formidable. Jagdeep Chokkar and Trilochan Sastry are IIM professors who fought for the electoral reform that makes candidates declare their assets and criminal antecedents. Shailesh Gandhi, an engineer from IIT Bombay, is the convener of ‘‘national campaign for people's right to information'' spearheading the RTI movement. H Sudarshan, a doctor who was awarded Padma Shree for his work in rural areas, has been vigilance director with Karnataka's Lokayukta (ombudsman).

The ones who proposed their names in a letter to UPA chairperson Sonia Gandhi on August 17 are no less eminent: Anna Hazare, Medha Patkar and Magsaysay awardees Arvind Kejriwal and Sandeep Pandey.

The proposal by the eminent people is laudable. Only people with credintials & a track record of unbiased service to the cause , with no ambition or axe of their own to grind , must be eligible.

[sidmis]

Modi-baiter on info panel leaves LK fuming
as reported by Manoj Mitta,TNN 24 Aug 2008,

NEW DELHI: For BJP leader L K Advani, the government's proposal of appointing a Narendra Modi-baiter as information commissioner was like a red rag to a bull. Advani has protested to home minister Shivraj Patil about the inclusion of former IPS officer R B Shreekumar, who had accused the Modi administration of complicity in the Gujarat riots, among the five nominees to be appointed as information commissioners under the RTI Act.
In fact, the nomination of Shreekumar was the main reason for Advani's decision to boycott the meeting of the statutory committee, which was to be held by Prime Minister Manmohan Singh on August 21 to select the names for the proposed expansion of the Central Information Commission (CIC).

Since the names of the nominees are meant to be confidential, Advani made no mention of Shreekumar in his August 21 letter to Manmohan Singh seeking a postponement of the meeting. He did however put on record that he had "serious reservations about the agenda" (which contained the names of the nominees) and that he had conveyed his objection "orally" to home minister Shivraj Patil.

Though his letter to the PM is couched in the principles of governance, as reported by TOI on August 23, Advani's objection to Shreekumar in his phone conversation with Patil has made it clear that the proposed expansion of CIC cannot take place unless the government drops the retired Gujarat police officer from its list of nominees.

From the hostility displayed by him, it is evident that Advani sees Shreekumar as an opponent of BJP rather than as a whistleblower who proved his commitment to transparency and accountability by bringing out illegal orders issued by the Modi government during the 2002 riots.

The injection of politics into the appointment process defeats the purpose of Section 12(3) of the RTI Act, which requires the leader of the opposition in Lok Sabha to be a member of the committee to ensure non-partisan selection of information commissioners, who adjudicate appeals and complaints against public authorities.

The government has already shown signs of yielding to Advani's pressure to drop Shreekumar from its list of nominees. In his response to Advani's letter, Manmohan Singh wrote the same day that he was open to considering fresh names.

"If you have any names to suggest for appointment as information commissioners, you may like to send them to me early," PM said to Advani.
On the positive side, since Advani has also endorsed a civil society call to look beyond the pool of ex-bureaucrats, the government is learnt to be considering the possibility of including one or two of the names suggested by RTI activists

Modi-baiter on info panel leaves LK fuming-India-The Times of India

[abhi987]

Originally Posted by sidmis

Modi-baiter on info panel leaves LK fuming
as reported by Manoj Mitta,TNN 24 Aug 2008,

On the positive side, since Advani has also endorsed a civil society call to look beyond the pool of ex-bureaucrats, the government is learnt to be considering the possibility of including one or two of the names suggested by RTI activists

Modi-baiter on info panel leaves LK fuming-India-The Times of India

A small / but big victory for RTI movement in our country.

[vijendra singh]

Now the PM wanted Mr Advani to concur with list of appointment nominees . PM managed the list against the expressions of crores of citizens. Public & RTI workers frequently & persistently demanded in past 3 years that 6 more non-bureaucratic info commisioners from social / judiciary fields be appointed in CIC . But the GOI. proved to be uncaring of transparency spirit. DoPT must cancel this bureaucrate list ; & prepare fresh list containing names of emminent rti workers & high court retd judges only.

[ganpat1956]

Originally Posted by abhi987

That way we can have both parliamentary system of democracy as well as presidential system of democracy at the same time, can we not give it a try?

abhi987,
Just ask yourself if you would be willing to have politicians in the seats of High Court & Supreme judges. CIC/SIC is a quasi judicial body at the apex level and filling it up through elected representatives is unimaginable to me. I do not want to be drawn into any discussion on the presidential system/parliamentary system, since it is beyond the scope of this thread as well as the forum .

[sidmis]

Since the names of the nominees are meant to be confidential, Advani made no mention of Shreekumar in his August 21 letter to Manmohan Singh seeking a postponement of the meeting. He did however put on record that he had "serious reservations about the agenda" (which contained the names of the nominees) and that he had conveyed his objection "orally" to home minister Shivraj Patil.

I don't understand why the names of the Nominees are Meant to be Confidential?
Is it because of the hue & cry it will make or is it due to some statutory provisions?

The entire process is a Hush Hush affair for the this Govt, though nowhere it is mentioned in the act regarding the Process to be Confidential.

It also shows that for the PM the opinions of the Citizens do not matter at all. It would be interesting to know who's name Sh. Advani is proposing?

[prbhat_gen]

since advani is a leader of opposition, he wont be in the position to dictate/negociate much with the govt.

[abhi987]

I agree with Sidharth, it's a paradox that nominees and nomination process for CIC is confidential whereas the RTI Act itself has been introduced to bring about transparency.

A secret process to bring about transparency?

[sidmis]

Advertisement necessary for selection against public posts: Allahabad HC
================================================== ==
Here's an analogy posted by Sh. Sundeep Jalan in
Humjanenge newsgroup.
================================================== ==

The Allahabad High Court has ruled that for holding selection against a public post, it is necessary to publish advertisement in newspapers so that all eligible candidates are able to apply for the post.

Non-publication of advertisement is denial of equal opportunity to all the eligible candidates in the selection process and therefore violates Article 14 and 16 of the Indian Constitution, rendering the selection in nullity.

A bench comprising Justices Ashok Bhusan and Arun Tondon dismissed a special appeal filed by Tungeshwar Nath, an employee in the office of advocate general of UP.

The appellant had filed the special petition against the order of the advocate general passed on July 2, by which the selection of class 4 posts, made in the year 2005 was cancelled, and also against the judgement which dismissed the writ petition challenging the order of the advocate general.

The division bench was of the view that if appointments in the office of advocate general are permitted to be made through a notice published on the notice board only, it will be violation of Article 14 and 16 of the Constitution.

UNI