(Querist) 23 April 2011
This query is : Resolved
It is common experience that appeals and complaints lodged with Central Information Commission/State Information Commissions [CIC/SICs]are inordinately delayed, as there is no time limit fixed for them to decide, unlike PIO and FAA under RTI Act 2005. There are time limits for applicants also.
Right to Information is a fundamental right under article 19.1.a of Constitution of India and RTI Act 2005 is procedural law to operationalise fundamental right.
Unreasonable delay on the part of CIC/SICs amounts to negation of this right, since delayed information becomes useless for citizens. Under the Constitution, no one has authority to interfere or negate fundamental right of citizen, except by due process of law. Thus CIC/SICs are routinely committing bluntant breach of citizens’ fundamental right guaranteed under article 19.1.a, without any process of law, by inordinately delaying decisions and their timely compliance.
Governments also indulge in clandestinely creating such conditions so that decisions are delayed at CIC/SICs; say by under staffing [including ICs] , selecting inefficient ICs and other staff, not providing infrastructure for efficient working of Commissions etc. This is done to frustrate citizens against using RTI Act.
To improve upon the situation, is it possible to file a PIL against Govt. of India, State Govts, CIC and various SICs in Supreme Court of India? Our learned members may cogitate upon this idea and comment.