*Transparency, accountability receive set-back
Mohinder Verma
JAMMU, Apr 11: Created under the legislations enacted by the State Legislature, three vital Commissions of Jammu and Kashmir, two of them responsible for ensuring transparency and accountability in the system, have been craving for Government’s attention for their effective functioning. Moreover, a Regulatory Authority and another Commission have remained completely defunct during the past quite long time because of non-serious approach adopted by the successive Governments.
These vital bodies are State Information Commission, State Accountability Commission, State Electricity Regulatory Commission, State Human Rights Commission and J&K Water Resources Regulatory Authority. All these have important role to play in their respective fields and unless these are armed with required manpower, powers and other paraphernalia the objectives behind their creation cannot be achieved.
Some of these have played vital role in bringing positive results but others have yet not come up to the expectations mainly because the successive Governments didn’t evince much interest in ensuring their effective functioning and used them only in the official statements at different forums.
The J&K State Information Commission, which despite facing onslaught of the Governments in the shape of snatching of vital powers, played crucial role in ensuring transparency in the functioning of various organs of the Government. But, non-serious approach continued towards this vital body, commonly called as transparency watch-dog.
As per J&K Right to Information Act, this Commission is comprised of Chief Information Commissioner and two Information Commissioners. Shockingly, at present there is only one Information Commissioner and the posts of Chief Information Commissioner and another Information Commissioner are lying vacant thereby impeding its functioning.
One Information Commissioner, Dr S K Sharma completed his tenure on October 31, 2015 but no process was set into motion to place new incumbent and the Commission continued to work with reduced strength despite the fact that repeated communications were sent to the General Administration Department well in advance about the post of Information Commissioner falling vacant on October 31, 2015.
The slackness towards filling the post of Information Commissioner persisted for several months and finally the Commission became ‘almost defunct’ when the Chief Information Commissioner (CIC), G R Sufi completed his tenure on February 29, 2016.
Although Nazir Ahmed, who is the lone Information Commissioner in SIC is trying his level best to dispose of the cases, what result a vital Commission would yield without its head and second arm can be easily presumed, sources said, adding “in this way ensuring transparency in the functioning of various Government organs has received a severe setback”.
Another vital body—-J&K State Accountability Commission (SAC) is also seeking Government’s attention during the past several years as following clipping of its wings in the form of withdrawal of powers in 2011, this Commission is feeling handicapped in ensuring accountability in the system.
Though the posts of Chairperson and two Members of this Commission were filled by the previous dispensation last year, this step has failed to yield any positive results till date mainly because the powers, which were given to the SAC in the principle Act have yet not been restored. In the absence of sufficient powers, this Commission has only become ornamental piece for the Government to only boast of in the official and public statements without any tangible result on ground.
“Unless snatched powers are restored and all the required paraphernalia is given to this Commission no objective vis-à-vis ensuring accountability is going to be met”, sources said.
Similarly, State Electricity Regulatory Commission, which was created to perform various duties in respect of vital power sector, has no technical member during the past quite long time. There is only Chairman of the Commission and posts of Members are lying vacant mainly because of the slackness of those at the helm of affairs in the Power Development Department.
The non-serious approach is notwithstanding the fact that this Commission has the mandate to determine the tariff for electricity, wholesale, bulk, grid or retail; regulate power purchase and procurement process of the transmission and distribution utilities and to promote competition, efficiency and economy in the activities of the electricity industry to achieve the objects and purposes of the Act enacted by the Legislature.
What to talk of these three Commissions, the successive Governments remained non-serious even towards J&K Water Resources Regulatory Authority and State Human Rights Commission, which are completely defunct during the past quite long time.
The J&K Water Resources Regulatory Authority was established under Section 139 of Jammu and Kashmir Water Resources (Management and Regulation) Act, which was enacted by the State Legislature in 2010 to consolidate the laws relating to use of water, construction, control and management of works with respect to water storage, conservation and protection etc.
“The importance of the Authority can be gauged from the mandate given under the Act but it has remained the victim of Government’s apathy”, sources said, adding “the Chairperson and both the Members of the Authority relinquished the offices on October 18, 2015 following completion of their three years term. However, till date no process has been set into motion to make this Authority functional once again”.
Similarly, State Human Rights Commission, which shall have one Chairman (a retired Judge of the High Court), one Judicial Member and two non-judicial members, is completely defunct during the past more than two years.
“Now, it is to be seen whether the present dispensation would make these Commissions and Authority functional in order to achieve the objective behind their creation or toe the line adopted by the predecessors”, sources said.
Follow our WhatsApp channel