Sunday, January 5, 2014

critique of RTI act as it is dec 2013

Deficiencies :

  1. missing definitions:
    1. substantial financing by pubic authority is not clear as to what constitutes substantial interms of percentage or amount.
    2. indirect financing: by govt - it is not clear as to whether giving funds is only considered or if tax concessions, subisidies, infra facilities, land allotment also constitute indirect financing and if yes who will be left out of the ambit
    3. life and liberty: there is no definition of info falling under life and liberty
    4. public interest: used liberally but not defined . need to define public interest but also specify the metrics and methods to quantify it .
    5. no provision for ensuring the fulfilment of obligations on public authorities: obligations relating to proper record management, suo moto dissemination of info through publications which is not specified and made obligatory with punishment for not doing so.
    6. confusion about first applete authority: it is not clear whether information commission can entertain appeal when the first appeal has not been preferred by the appellant.
    7. confusion about the status of FAA vis a vis the IC 
    8. appeal procedure:whether appeal can be made to IC itself
    9. overlapping of the grounds of appeal and complaints: sec 18 and 19 are overlapping.
    10. absence of contempt provisions:19.7.not supported by contempt proceedings
    11. information commissions and powers of civil courts:execution of decree civil court powers not given and recovery of fine civil court powers not given to IC.
    12. no time limit for IC to decide the appeal: second appeallate authority does not have a time limit. 
    13. disclosure of file notings : now included 
    14. protection to whistle blower: still not available but covered under different acts
    15. transparency in judicial functioning is still to be obtained .
    16. right to info at district level needs better resources and infrastructure.
    17. administrative reforms can be aided by RTI in terms of record keeping, time bound ness, accountability, polite ness, 
    18. good governance is defined as 
      1. political accountability
      2. regular elections
      3. participation
      4. process of governance
      5. rule of law
      6. independent judiciary
      7. freedom of information 
      8. transparency
      9. efficient effective admn
      10. coop between govt and civil society
    19. RTI can provide tools for good governance in terms of 
      1. promote open ness
      2. empower people
      3. prevent admn highhanded ness
      4. bridge gap between provider and recipient of public service
      5. make inclusive decision making
      6. provide responsive admn
      7. grass root democracy
      8. people access their rights
    20. type of efficiency in governance:
      1. policy efficiency
      2. service efficiency
      3. administrative efficiency
    21. requirements for efficiency in operation of this act
      1. mental revolution attitude change
      2. government service conduct rules
      3. official secrets act
      4. ministers oath of secrecy and anonymity
      5. record keeping using IT
      6. issue of detailed instructions
      7. capacity building / training
      8. adequate financial arrangements
      9. publicity
      10. public accountability and transparency in admn
      11. cleansing tool of govt, for govt and by govt