New Delhi: Having long delayed the appointment of information commissioners to the Central Information Commission, the Centre today advertised four posts. With this, it has now put out advertisements for all the eight vacant positions in the panel, which has a total sanctioned strength of 11.
But the language of the advertisement issued by the Department of Personnel and Training, the nodal department for all Right to Information matters, has not enthused RTI activists. They claimed that by not announcing the salaries, the Centre has shown its intent to go ahead with the amendment to the Act despite strong opposition from activists. Also, they cautioned that this may keep good talent away.
The advertisement stated that “the powers and functions of the Information Commissioner in the Central Information Commission are as per the RTI Act, 2005”.
DoPT issues advertisement for four remaining positions in CIC
Stating that it “proposed to appoint four Information Commissioners in the Central Information Commission”, the Department noted the qualifications of the applicants.
It said the Act provides that the Information Commissioner shall be a person of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass-media or administration and governance.
Further, it noted that the IC cannot be a member of parliament or member of the legislature of any state or union territory or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.
Also read: Centre’s ‘Big Talk, Small Moves’ on CIC Appointments Irks RTI Activists
It has also been clarified that “cessation/termination of holding of office of profit, pursuing any profession or carrying any business is a condition precedent to the appointment of a person as Information Commissioner.”
The DoPT has specified that only those below 65 years of age shall be eligible for appointment. It said “the salary, allowances and other terms and conditions of service of the Information Commissioner shall be as may be specified at the time of appointment of the selected candidate.” The applications have been sought till January 25.
‘Advertisement shows intent to go ahead with RTI Act amendment’
Reacting to the development, RTI activist Commodore (Retd.) Lokesh Batra, who is a petitioner in a case filed in the Supreme Court against the delay in appointments, said: “Shockingly, government has not given up its intent to amend RTI Act, 2005”.
It was in the monsoon session that the Centre had tried to introduce a Bill for amending the Act. It provided for stipulating the salary and tenure of the information commissioners, in the state as well as in CIC. This was opposed by RTI activists and opposition parties on the ground that it would compromise the autonomy of the state commissions and CIC. They said while the tenure of a IC, including the chief, is fixed, the salaries are at par with Election Commissioners and so there was no need to alter this arrangement.
RTI activists slam non-disclosure of salary, tenure
Batra too delved on this aspect saying, “in the absence of any amendment to RTI Act, 2005, the government’s failure to specify the tenure and salaries of commissioners, even though these are defined in the RTI Act, 2005, is considered violation to existing law of the land”.
Also read: Activists and Former Commissioners Slam Govt For Compromising CIC Appointment Procedure
Another activist Anjali Bhardwaj of the National Campaign for People’s Right to Information tweeted that while the government has now advertised the remaining four posts of information commissioners of CIC, the advertisement was again defective as it did not specify their salary and tenure. “Why would eminent people apply without knowing the salary and tenure?” she asked.
‘Centre wants only pliant people to apply’
Bhardwaj quipped that it seems the BJP government at the Centre only wants pliant people to apply.
Incidentally, the Centre has not filled any post of IC in the Commission since 2016 despite repeated requests and reminders by activists, including Bhardwaj. The post of chief information commissioner has also been allowed to remain vacant thrice in the Narendra Modi regime.
In July this year, on the eve of a hearing in the Supreme Court the Centre advertised three positions of information commissioners. It followed up by advertising the post of Chief Information Commissioner the following month. But then too it did not specify the salary or tenure.
Also, while six months have lapsed since these posts were advertised, the appointments have not been made.