Mounting cases

It is a matter of concern that over 27,000 cases are pending for hearing before the Central Information Commission and, according to present indications, it might take a long time to clear the backlog.

It will become more and more difficult to dispose of all cases since more of  them are being added to the pile.

The bright side of the situation is that more and more people are becoming aware of their rights under the RTI Act and are using the law to elicit information from the government in a number of areas.  It is not just government authorities but non-government agencies which utilise government funds are also obliged to provide information to those who seek it.  While the increasing number of requests is a good sign, the increasing delays in disposals are not.

According to information given in the Lok Sabha,  the average number of cases disposed by commissioners was 2165, 2675 and 2890 during 2009-10, 2010-11 and 2011-12 respectively. According to the government, up to 80 per cent of the cases before the commissioners are being cleared now but still the backlog is increasing.

The government has also claimed that the retirement of three commissioners since 2010 has affected the working of the Central Information Office. It is likely that the recent judgment of the Supreme Court mandating the appointment of a judicial member and an expert to hear RTI cases has also affected the functioning of information commissions.

Work in commissions in some states has come to halt on the advice of advocate generals. Commissions in some states have continued hearing cases but the situation may worsen in the coming days. This is perhaps because the ruling is interpreted differently by different states. The government has sought a review of the court’s ruling.

The confusion created by the judgment and the inability of the information offices to cope with the rising number of requests, complaints and appeals threaten to put a spoke in the working of the law, at least for the time being. The confusion should be cleared earliest.

The vacancies of commissioners should be filled without delay. If there are any infrastructural problems affecting the working of offices they should also be addressed. Obviously the authorities will not be very unhappy if the situation continues. The civil society and RTI activists should put pressure to ensure tat the problems are resolved, and cases are disposed of speedily.