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?

The Second Administrative Reforms Commission (and ARC) has suggested for a detailed review of existing mechanism before constitutionalization of a body. Steps required for constitutionalization of a commission: 1) Constitutional amendment to provide constitutional status. 2) Detailed consultation of web stakeholders. 3) High level committee analysis. 4) Public opinion. 5) Cost-benefit analysis. Granting constitutional status to CIC can strengthen RTI regime. Underlying constitutional status to CIC can strengthen RTI regime: 1) Lead to independence of CIC eg: currently tenure, condition of

of employment are determined by government → conflict of interest. 2) Efficient functioning → separate accelerant and staff. 3) Accountability to the people will ensure eg: 90% RTIs to PMO are sifted. 4) Fewer delays → responsive grievance redressal can be instituted. But it may not guarantee success: 1) The case of PCI → Constitutional body still limited powers eg: cannot disqualify political parties. 2) Inbuilt accountability is required rather than external eg: Provisions like Article 4 of RTI Act (asso-meche disclosure) → denied on disclosure. 3) Delays in RTI response → structural issue eg: Low manpower and infrastructure.

— SURAMYA SHARMA · AIR 359