“Do not downsize; fill up vacancies”

The suggestion to downsize the numbers of Information Commissioners (WIC dated May 7) is out of sync with ground realities. It ignores large pendency of complaints and appeals in the Central and States information commissions, which were created  as statutory, quasi-judicial, autonomous bodies. For example, as on June 30, 2021,  2.56 lakh appeals/complaints were reportedly pending with 26 information commissions in the country (Source:Google).These could be attributed to non-transparent criteria of appointment of CIC, SICs, leading to inefficient record management systems and procedures to collect information from field offices leading to delays in processing RTI applications. These force the Central and States’ Public Information Officers to part with inadequate information, half-truths/full-truths to the applicants and complainants with which the information seeker is justifiably never satisfied. The complainant is thus left with no option but to seek intervention of CIC and States’ ICs. The backlog of vacancies also attracted the adverse notice of the Apex court. The court directed the Centre and States to fill up vacancies of  ICs in CIC and SICs before these become “defunct and render citizens’ right to know under the RTI Act 2005 as dead letters”. It may be pertinent to mention that the Central IC was forced to function for some time without the CIC and six ICs. Positions in the states are more alarming. For instance, the Tripura and Telangana SICs remained defunct since July 2021 and February 2023, respectively. Worse, Jharkhand IC had been lying defunct since May 2020. Furthermore, other SICs, including those in Maharashtra, Karnataka, Bihar, Odisha and West Bengal, remain perennially crippled due to huge backlog of vacancies. The pendency of appeals/complaints  was the highest in Maharashtra. A matter fit for case study by the DOP&T. The centre is constitutionally mandated to ensure full sanctioned strength in the CIC and States’ICs, without vacancies. Some cuts in vacancies due to administrative reasons are, justified. Needless to mention that lack of manpower due to non-filling of vacancies is bound to aggravate the pendency that would adversely impact the citizens’ fundamental right. The RTI Act 2005 has the potential to expose cases of corruption, human rights violations, and other wrongdoings. All these have led to manifold increase in corruption in public sphere. These are also reflected in the poor quality of judgements by the over-burdened information commissioners. With a view to strengthening the institution of CIC and SICs, the recruitment should be made more transparent,less discretionary and less centralized. One last point. The Annual report of CIC and SICs, must, on the analogy of practice by the UPSC, must reveal details of cases where the central and State authorities have refused to part with the information/document to the applicants along with the reasons therefore, despite clear verdicts by the  CIC and SICs. 

A K Saxena (A former civil servant)