About RTI Act, 2005

• Under the RTI Act, 2005, Public Authorities are required to make disclosures on various aspects of their structure and functioning.  
• This includes: (i) disclosure on their organisation, functions, and structure, (ii) powers and duties of its officers and employees, and (iii) financial information.  
• The intent of such suo moto disclosures is that the public should need minimum recourse through the Act to obtain such information.  If such information is not made available, citizens have the right to request for it from the Authorities.  
• This may include information in the form of documents, files, or electronic records under the control of the Public Authority.  The intent behind the enactment of the Act is to promote transparency and accountability in the working of Public Authorities.  

Who is included in the ambit of ‘Public Authorities’?

• The RTI Act defines “public authorities” in Section 2(h).
• A “public authority” means any authority or body or institution of self- government established or constituted 
  • by or under the Constitution;
  • by any other law made by Parliament;
  • by any other law made by State Legislature;
  • by notification issued or order made by the appropriate Government, and includes any –
  • body owned, controlled or substantially financed;
  • Non-Government organization substantially financed, directly or indirectly by funds provided by the appropriate Government.

How is the right to information enforced under the Act?

• The Act has established a three tier structure for enforcing the right to information guaranteed under the Act.
• The first request for information goes to the Central/State Assistant Public Information Officer and Central/State Public Information Officer, designated by the Public Authorities. These Officers are required to provide information to an RTI applicant within 30 days of the request.  
• Appeals from their decisions go to an Appellate Authority.  
• Appeals against the order of the Appellate Authority go to the State Information Commission or the Central Information Commission.  These Information Commissions consist of a Chief Information Commissioner, and up to 10 Information Commissioners.  

Right to Information (Amendment) Act, 2019 

• The Act amended Sections 13 and 16 of the RTI Act, 2005. 
• Section 13 of the original Act sets the term of the central Chief Information Commissioner and Information Commissioners at five years (or until the age of 65, whichever is earlier). The amendment changed that the appointment will be for such term as may be prescribed by the Central Government. 
• According to the amendment act, the salaries, allowances and other terms of service of the Chief Information Commissioner and Information Commissioners shall be such as may be prescribed by the Central Government. Previously it was equivalent to that of the Chief Election Commissioner and Election Commissioners respectively.
• The government said that the amendment was required because the election commission is a Constitutional body while the information commission, formed under the Right to Information Act, is a statutory one.

Why in News?

• Responding to a RTI request, the Centre has refused to disclose the minutes of the Lokpal selection committee’s meetings, and its decision has now been upheld by the Central Information Commission (CIC). 

About Lokpal 

• The Lokpal and Lokayukta Act, 2013 provided for the establishment of Lokpal for the Union and Lokayukta for States.
• These institutions are statutory bodies without any constitutional status. They perform the function of an “ombudsman” and inquire into allegations of corruption against certain public functionaries and for related matters.

Members

• Lokpal is a multi-member body, that consists of one chairperson and a maximum of 8 members.
• Chairperson of the Lokpal should be either the former Chief Justice of India or the former Judge of Supreme Court or an eminent person with impeccable integrity and outstanding ability, having special knowledge and expertise of minimum 25 years in the matters relating to anti-corruption policy, public administration, vigilance, finance including insurance and banking, law and management.
• Out of the maximum eight members, half will be judicial members and minimum 50% of the Members will be from SC/ ST/ OBC/ Minorities and women.
• The judicial member of the Lokpal shall either be a former Judge of the Supreme Court or a former Chief Justice of a High Court.
• The term of office for Lokpal Chairman and Members is 5 years or till the age of 70 years.
• The members are appointed by the President on the recommendation of a Selection Committee.
  • The five-member Lokpal selection committee includes the Prime Minister, the Speaker and the Chief Justice of India, along with the Leader of Opposition and an eminent jurist selected by other members. 

Jurisdiction 

• The Lokpal has jurisdiction to inquire into allegations of corruption against anyone 
  • who is or has been Prime Minister, 
  • a Minister in the Union government, 
  • a Member of Parliament, 
  • officials of the Union government under Groups A, B, C and D,
  • chairpersons, members, officers and directors of any board, corporation, society, trust or autonomous body either established by an Act of Parliament or wholly or partly funded by the Centre, 
  • any society or trust or body that receives foreign contribution above ₹10 lakh. 
• It should be noted that the Lokpal cannot inquire into any corruption charge against the Prime Minister if the allegations are related to international relations, external and internal security, public order, atomic energy and space, unless a full Bench of the Lokpal, consisting of its chair and all members, considers the initiation of a probe, and at least two-thirds of the members approve it. 
• Such a hearing should be held in camera, and if the complaint is dismissed, the records shall not be published or made available to anyone.

How can a complaint be made and what happens next?

• • A complaint under the Lokpal Act should be in the prescribed form and must pertain to an offence under the Prevention of Corruption Act against a public servant. 
  • When a complaint is received, the Lokpal may order a preliminary inquiry by its Inquiry Wing, or refer it for investigation by any agency, including the CBI, if there is a prima facie case. 
  • The Lokpal, with respect to Central government servants, may refer the complaints to the Central Vigilance Commission (CVC). 

• Lokpal has powers of confiscation of assets, proceeds, receipts and benefits arisen or procured by means of corruption in special circumstances.

Reference:

1. https://www.thehindu.com/news/national/centre-need-not-disclose-lokpal-selection-committee-minutes-rules-cic/article33796767.ece