Question Q.15GS2GS2

What steps are required for the constitutionalization of a Commission? Do you think granting constitutional status to the Central Information Commission (CIC) would strengthen the RTI regime in India? Give reasons.

Main Body

RTI has been considered a Sunshine legislation by 2nd AFC to being in essence of transparency in office should both secrecy. In this light, constitutionalization of CIC is talked about. Steps required for constitutionalization of commission: (ex.) 102nd CAA for NCPC 1) Pervasion of constitutional amendment Bill 2) Procedure under Act. 368 3) Notification of commission as a constitutional body 4) Appointment, Terms of conditions etc. as decided by President (CIC Bill permits)

CIC was constituted by RTI Act 2005 and it's a statutory body. Need of constitutionalizing CIC: 1) To address functional inefficiencies (ex.) 814 posts vacant in CIC. 2) To increase disposal each of cases under CIC (currently = 9 months) (5 NC subverted) 3) To realize the spirit of RTI Actgiving power to CIC to uphold act under exemptions by sec 8, 2b etc. 4) To give functional independence to CICRTI Amendment Act (2019) gave central govt. unilateral power to decide determination, Terms and conditions of CIC etc. 5) To address backlog of cases (4-18 lakh in 2024 under SNS) Constitutionalizing still will not be able to strengthen RTI regime:- 1) Vacancies occur in constitutional bodies too (ex.) NCST, NCSC. 2) Delay in submission of reports, lack of meeting by constitutional bodies (ex.) NLST. 3) Political interference still possible (ex.) allegations against NCPC.

5To address backlog of cases (4-18 lakh in 2024 under SNS) Constitutionalizing still will not be able to strengthen RTI regime:- 1) Vacancies occur in constitutional bodies too (ex.) NCST, NCSC. 2) Delay in submission of reports, lack of meeting by constitutional bodies (ex.) NLST. 3) Political interference still possible (ex.) allegations against NCPC. Way ahead: 1) Give power to CIC to being political parties under RTI 2) Change expenditure of CIC on CFI (Like DAG, UPSC, etc) 3) Fill vacancies swiftly. These steps are pushed to ensure aspect of RTI (initially then 14)b) of constitutionalization.

317 words1 paragraphs

Conclusion

Constitutionalizing still will not be able to strengthen RTI regime due to vacancies in constitutional bodies, delays in submission of reports, and political interference. The way ahead includes giving power to CIC to bring political parties under RTI, changing expenditure structure of CIC, and filling vacancies swiftly to ensure the aspect of RTI.

53 words

Open original scan

Page 32

Topper

MADHVENDRA PRATAP SINGH

AIR 1532025

Subject & Paper

GS2GS2

Topic

Statutory, Regulatory and Quasi-judicial Bodies

Constitutional and Non-constitutional bodies

Constitutionalization Process for Commissions

Writing Stats

370

Total words

Paragraphs