Don’t Ask: SC and other institutions seek exemption from RTI

(Times of India, Jan 16, 2007, Pg 30, Editorial) Implementation of the Right to Information (RTI) Act is now regarded as one of the success stories of last year. It injected an element of transparency to governance in a way that would have been unimaginable earlier. RTI has become a weapon in the hands of citizens to badger and make government babus respond to their queries and problems. Unfortunately, this was too good to last. A host of government institutions have now sought exemption from RTI . These include the Supreme Court, UPSC, CBI and Delhi Metro. The reasons for immunity, according to the Central Information Commission which is the nodal body for RTI , are varied. CBI has argued that it wants to be treated on par with other intelligence and security agencies that are exempt from disclosing information. Delhi Metro has sought exemption on the grounds that compliance with RTI would throw its deadlines haywire. Perhaps the most damaging is the Supreme Court’s plea that the RTI might interfere with independence of the judiciary. Such exemptions must be resisted at all costs. Already some security and intelligence agencies are exempt from RTI , which means that certain human rights abuses can remain undisclosed and unpunished. There is no need to add more agencies to that list.

The Supreme Court’s application for exemption is at odds with its role. The courts are meant to be a sentinel of democracy, providing a check on the other organs of government. In that sense, it is supposed to stand up for citizen’s rights against encroachment by the state. Whatever goes on in court is, of course, recorded and available to the public. But the Supreme Court is chary of disclosing information about how judges are appointed as well as the status of complaints against particular judges. The apex court is already under the scanner for an application under RTI about a complaint against a high court chief justice. The SC’s logic that it must be exempt from RTI on the grounds that its authority would be undermined holds little water. The court must be the most accountable institution in any democracy because of its vital role as a watchdog. In fact, judges must be held to standards that are higher than other government officials. There is little known in the public domain about the appointment of judges as well as the status of complaints against them. This can change if RTI is made applicable to the Supreme Court. That will ensure that the court, like any other institution, is accountable to the people.