13 Years On, Central Information Commission Is Held Together Only By An ‘Interim’ Order
The article argues that the Central Information Commission’s current operating structure fundamentally undermines the intent of the Right to Information Act. By utilizing a bench system where individual commissioners decide cases in isolation, the body fails to leverage the diverse professional backgrounds mandated by law. This approach deprives the adjudicatory process of the collective deliberation and varied expertise that were originally envisioned to ensure rigorous and balanced oversight of public authorities. This structural discrepancy has persisted for over a decade despite a clear High Court ruling declaring the bench system ultra vires the Act. The prolonged legal limbo, sustained by a Supreme Court stay order, highlights a significant governance failure where interim arrangements supersede statutory compliance. Consequently, the Commission continues to operate in a manner that bypasses necessary checks, eroding the transparency and accountability mechanisms essential for an effective RTI framework. This issue is critically relevant to open data and open government because the integrity of information disclosure relies on robust, transparent institutional oversight. When the body responsible for enforcing information rights operates with procedural irregularities and lacks genuine deliberative diversity, citizen access to public information remains compromised. Strengthening the Commission’s adherence to its statutory design is vital for restoring trust in government transparency and ensuring that open data initiatives are supported by enforceable, legitimate regulatory structures.
Source: livelaw.inPublished on 2023-08-28