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 Act → giving power to CIC to uphold act under exemptions by sec 8, 2b etc. 4) To give functional independence to CIC → RTI 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.
— MADHVENDRA PRATAP SINGH · AIR 153
Conclusion
53 words
MADHVENDRA PRATAP SINGH
Statutory, Regulatory and Quasi-judicial Bodies
Constitutional and Non-constitutional bodies
Constitutionalization Process for Commissions
370
Total words
1
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