Issues relating to implementation of Central RTI Act
*Lieutenant Governor to take final call shortly
Mohinder Verma
JAMMU, Jan 3: A committee constituted to examine the issues relating to Right to Information Act has submitted its report to the Government with some recommendations in order to ensure that neither the applicants nor the Public Information Officers and other functionaries face problems in the implementation of transparency law of the Union Government.
Consequent upon repeal of the Jammu and Kashmir Right to Information Act, 2009 by the Jammu and Kashmir Reorganization Act, 2019, the Government vide Order No.1144-GAD dated October 23, 2019 accorded sanction to the winding up of Jammu and Kashmir State Information Commission with effect from October 31, 2019—the appointed date for the formation of the Union Territory of Jammu and Kashmir and Union Territory of Ladakh.
Accordingly, from October 31, 2019 the Central Right to Information Act became applicable to the Union Territory of Jammu and Kashmir and Union Territory of Ladakh.
Following this development, the RTI activists and legal experts claimed that in the absence of Information Commission in Jammu and Kashmir the RTI movement, which gradually gained momentum during the past some years, will suffer immensely and the main difficulty will be with regard to pursuing Second Appeals before the Central Information Commission as appellants as well as Public Information Officers and other Government functionaries will have to travel up to Delhi.
Keeping in view the concern raised by RTI activists and legal experts, the Government vide Order No.112-JK(GAD) dated November 28, 2019 constituted a committee to examine the issues relating to Right to Information Act.
The committee headed by Administrative Secretary, General Administration Department was asked to examine whether the Union Territory of Jammu and Kashmir will come under the purview of the Central Information Commission or a separate Commission has to be constituted for the UT of J&K.
The committee was further asked to spell out the actions required to be taken like re-registration of Public Information Officers and other functionaries under the Act in case the Union Territory of Jammu and Kashmir comes under Central Information Commission and any other incidental issues.
After detailed exercise the committee has submitted its report to the Government with some recommendations in order to ensure that neither the Public Information Officers and other Government functionaries nor the applicants/appellants face difficulties in seeking implementation of the transparency law under new mechanism of governance, official sources told EXCELSIOR.
“The committee has mentioned in the report that there is a provision in the Central Right to Information Act for establishment of offices of Central Information Commission at places other than the Union Capital and this option can be exercised so as to avoid inconvenience to the applicants/appellants and Government functionaries, which they will face in travelling to Union Capital for pursuing 2nd appeals before the Commission”, sources informed.
The Sub-Section 7 of Section 12 of the Central RTI Act reads: “The headquarters of the Central Information Commission shall be at Delhi and the Central Information Commission may, with the previous approval of the Central Government, establish offices at other places in India”.
The committee has also justified opening of branch office of Central Information Commission on the ground that Union Territory of Jammu and Kashmir is spread over vast area in comparison to other Union Territories in the country, sources said, adding “moreover, opening of office of Central Information Commission in J&K UT would also help the applicants/appellants and functionaries of Government of Union Territory of Ladakh”.
Moreover, the committee has suggested option of Parliament amending the Central Right to Information Act to facilitate creation of Information Commission in the Union Territory of Jammu and Kashmir as a special case keeping in view the topography of the area, sources further informed.
It is pertinent to mention here that Central RTI Act is silent about setting up of Information Commissions in the Union Territories and it is because of this that there is no Information Commission in any UT of the country.
“The recommendations of the committee are being examined by the Government of J&K UT and following the approval of the Lieutenant Governor the Union Government will be approached for final decision so that there is no difficulty in obtaining benefits of the Central RTI Act”, sources said.
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