'Report Card on Performance of Information Commissions 2021-22' found Karnataka had the biggest backlog of cases in the South.
Published Oct 27, 2022 | 3:27 PM ⚊ Updated Oct 27, 2022 | 3:27 PM
RTI
Among the five southern states, the Information Commission (IC) of Kerala takes the longest time to dispose of an appeal or complaint, and Andhra Pradesh the shortest, while Karnataka’s IC had the highest biggest backlog to be cleared as on June 30, 2022.
The ‘Report Card on the Performance of Information Commissions in India, 2021-22’, prepared by the Delhi-based citizens group, Satark Nagrik Sangathan (SNS), shows that Kerala’s IC takes one year and three months to dispose of a complaint or appeal, while Karnataka takes one year and two months, Telangana one year, and Andhra Pradesh just four months.
The IC of Tamil Nadu did not provide the information sought under the Right to Information, or RTI, Act, claiming that it could not do so without the approval of the state Assembly, though no such provision exists in the RTI Act.
If the information sought under RTI from the Public Information Officer (PIO) is not given within a stipulated period, or is not satisfactory, an applicant can approach the state IC either in appeal or with a complaint.
Using data on the backlog of cases in ICs and their monthly rate of disposal, the SNS team calculated how long it would take for an appeal/complaint filed with an IC on July 1, 2022, to be disposed.
Assuming that appeals and complaints are disposed of in chronological order, the SNS team computed the disposal time.
SNS found that the long delays in the disposal of cases can be attributed largely to two factors: Vacancies in commissions and tardy rate of disposal by commissioners.
While some commissions have set annual norms for disposal for themselves, most ICs have not adopted any norms regarding the number of cases a commissioner should deal with in a year.
While the number of appeals and complaints pending as on June 30, 2022, in the 26 ICs across the country stood at 3,14,323, Karnataka had 30,358, Telangana 8,902, Kerala 6,360, and Andhra Pradesh 2,814.
The 2019 assessment found that as of March 31, 2019, a total of 2,18,347 appeals/complaints were pending in the 26 ICs, which climbed to 2,86,325 as of June 30, 2021.
Interestingly, the Karnataka IC had the highest registration of appeals and also disposals between July 1, 2021, and June 30, 2022. According to the SNS report, while the Karnataka IC registered 26,694 appeals/complaints, 25,710 were disposed of by passing orders.
In the Telangana IC, 7,169 appeals were registered in the same period, and 9,267 were disposed of (including those pending from previous years). In Andhra Pradesh IC, 6,044 were registered and 8,055 were disposed of. During the same period, Kerala IC registered 2,929 appeals and 5,110 were disposed of.
The RTI Act empowers the ICs to impose penalties of up to ₹25,000 on erring PIOs. The penalty clause is one of the key provisions in terms of giving the law its teeth and acting as a deterrent against PIOs violating the law.
In terms of the quantum of penalty imposed, Karnataka was the leader with ₹1.04 crore levied in 1,265 cases between July 2021 and June 2022. During the same period, Kerala imposed ₹2,75,250 in 51 cases, Telangana ₹2 lakh in 52 cases, Andhra Pradesh just ₹55,000 in nine cases.
Whenever an appeal or a complaint shows that one or more of the violations listed in the RTI Act has occurred, the commission should initiate penalty proceedings under Section 20.
The Act requires the commission to give the PIO an opportunity to be heard before imposing the penalty. The commissions usually issue show-cause notices asking PIOs to explain why a penalty should not be levied.
The SNS report found that ICs imposed penalties in only an extremely small fraction of the cases which merited imposition of penalty. In fact, commissions appeared to be reluctant to even ask the PIOs to give justifications for not complying with the law.
Till April 2022, Karnataka’s IC functioned with three posts lying vacant. After the appointment of three new commissioners and the retirement of an incumbent commissioner, the SIC is now functioning with a total strength of 10 commissioners, including the chief.
Under the RTI Act, ICs consist of a Chief Information Commissioner (CIC) and up to 10 information commissioners. Several ICs have been functioning at reduced capacity. The non-appointment of commissioners in the ICs in a timely manner leads to a large build-up of pending appeals and complaints.
In a February 2019 judgment, the Supreme Court, taking cognizance that the commission had a backlog of 33,000 appeals/complaints, directed the government of Karnataka to ensure that it functions at the full strength of 11 commissioners. As of June 2022, the backlog has only marginally reduced and currently stands at more than 30,000.
In the current scenario, ICs have a vital role to play in safeguarding and facilitating people’s fundamental right to information. Under the RTI Act, the ICs have been set up at the central level (Central Information Commission) and in the states (State Information Commissions).
The SNS report is primarily based on an analysis of information accessed under the RTI Act, from 29 ICs across India. A total of 145 RTI applications were filed with SICs and the CIC.
“The report points to the concerning trend of increasing pendency of cases in information commissions leading to long delays and waiting times for disposal of peoples appeals. This adversely impacts the very purpose of the RTI Act, i.e., time-bound access to information,” said Amrita Johri of SNS, which works on increasing transparency and accountability in the government.
Each of the RTI applications was tracked to assess the manner in which these applications were dealt with by the ICs, as they are also public authorities under the RTI Act. In addition, information was sourced from the websites and annual reports of the ICs.
The report also draws on findings and discussions of previous national assessments of the RTI regime.
Under the RTI Act, ICs consist of a CIC and up to 10 information commissioners. The selection panel consists of the chief minister as the chairperson, the leader of Opposition in the Assembly, and a Cabinet minister
The SNS report said in West Bengal, which has a backlog 10,339 appeals and complaints, a matter filed on July 1, 2022, would be disposed of only in the year 2046 at the current monthly rate of disposal.
In the Odisha and Maharashtra ICs, the estimated time for disposal is more than five years, and in Bihar, more than two years.
Maharashtra IC, with an alarming backlog of nearly one lakh cases, had the highest number of appeals/complaints pending as of June 30, 2022. This was followed by the Uttar Pradesh IC at nearly 45,000, and Karnataka at 30,358.
The Maharashtra IC has been functioning with just five information commissioners, including the CIC, for the past several months. It would take the Maharashtra IC an estimated five years and three months to dispose of an appeal/complaint.
In the 24 ICs that provided the relevant information, it was found that was imposed in a total of 5,805 cases, amounting ₹3.12 crore for the period under review.
In terms of the quantum of penalty imposed, Karnataka was the leader with ₹1.04 crore, followed by Madhya Pradesh at ₹47.50 lakh, and Haryana at ₹38.81 lakh.
While the Uttar Pradesh IC imposed a penalty in the highest number of cases at 2,299, it said it did not maintain records of the amounts imposed in individual cases.
