RTI IN COMMISSION OF INQUIRY ACT, 1952

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This article is written by Gungun Sharma of 3^rd Semester of Hidayatullah National Law University, Raipur

ABSTRACT

The “Commission of Inquiry Act, 1952” is a critical legislative tool employed by governments worldwide to investigate matters of public concern. In recent years, there has been a growing recognition of the need for transparency and accountability in the functioning of these commissions. To this regard, this article has been set out to examine the role of the “Right to Information” framework within the context of “Commission of Inquiry Act”, focusing on its potential to enhance transparency and strengthen democratic governance. Through a comparative analysis of “RTI provisions” within “Commission of Inquiry Act” from various jurisdictions, this study explores the extent to which these provisions facilitate access to information and promote accountability. The analysis takes into account the legal frameworks, scope, and limitations of “RTI provisions”, as well as their practical implementation.

The findings highlight the significant variations in the incorporation and effectiveness of “RTI provisions” in the implementation of the “Commission of Inquiry Act”. While some jurisdictions have embraced comprehensive “RTI provisions” that empower individuals and civil society to access information related to commission proceedings, others exhibit limitations and loopholes that hinder transparency and accountability. This article further discusses the implications of these variations, emphasizing the potential consequences for public trust, fair decision-making, and the overall impact of commissions of inquiry. It underscores the importance of robust “RTI provisions” that balance the need for information disclosure with the protection of sensitive or classified information.

Overall, this article contributes to the ongoing discourse on transparency, accountability, and good governance by examining the intersection of RTI provisions and Commission of Inquiry Act. By highlighting the strengths, weaknesses, and potential improvements, it aims to foster an environment where “commissions of inquiry” can effectively serve their intended purpose while upholding democratic principles and ensuring public trust.

KEYWORDS

Commission of Inquiry Act, Right to Information, Transparency, Inquiries, Accountability.

RESEARCH OBJECTIVES

This article has been written to examine the incorporation and effectiveness of “Right to Information provisions” within “Commission of Inquiry Act”, to compare and analyze the legal frameworks, scope, and limitations of “RTI provisions” within “Commission of Inquiry Act”, and to assess the role of “RTI provisions” in promoting transparency and accountability within “commissions of inquiry”.

RESEARCH METHODOLOGY

This article has been written by doing extensive research for the primary materials such as the “Commission of Inquiry Act”, “Right to Information Act” and other government websites. Comparative analysis of Commission of Inquiry act has also been done with the analysis of the legal framework, scope, limitations, and implementation of RTI provisions within these acts. Also, few relevant cases have been studied to provide practical insights into the implementation and effectiveness of RTI provisions within commission of inquiry act.

INTRODUCTION

The “right to information” plays a crucial role in promoting transparency and accountability in government operations. It enables citizens to access information held by public authorities, thereby empowering them to participate in the democratic process and hold the government accountable for its actions. While RTI is typically associated with accessing information from executive branches of government, it also extends to “commissions of inquiry” established under the “Commission of Inquiry Act”.

The “Commission of Inquiry Act” is a legislative framework that enables the government to appoint commissions to investigate specific matters of public importance. These commissions are granted significant powers and resources to conduct inquiries, gather evidence, and make recommendations based on their findings. The objective is to ensure a fair and independent investigation into matters that require specialized expertise or are of significant public interest. In recent years, there has been an increasing recognition of the importance of transparency and public participation in the work of commissions of inquiry. RTI provisions allow individuals to request information related to the commission’s proceedings, including its terms of reference, the evidence presented, the identities of witnesses, and the final report. The inclusion of RTI provisions in the commission of inquiry act serves several purposes. Firstly, it promotes transparency by allowing the public to access information regarding the commission’s work. This transparency helps build trust in the inquiry process and ensures that the commission operates in an accountable manner. It allows individuals to understand the progress of the investigation, the evidence presented, and the reasoning behind the commission’s recommendations. Secondly, RTI provisions in the “Commission of Inquiry Act” facilitate public participation. By providing access to information, individuals and organizations can actively engage with the commission’s work. They can contribute relevant evidence, submit expert opinions, and raise concerns or questions about the proceedings. This participatory approach enhances the credibility and legitimacy of the commission’s findings, as it ensures that a diverse range of perspectives and expertise are taken into account.

“COMMISSION OF INQUIRY ACT, 1952”

History and background

Prior to the ratification of the “Commission of Inquiry Act, 1952”, the government would either issue an executive order, give notice in accordance with the “Public Servants Inquiries Act, 1850”, or create ad hoc committees to issue orders to the public. The act covers practically all types of matters, it is not particular to any one type of matter. The “Chagla Commission” was established by the Indian government to look into whether the money from the life insurance corporation of India has been used lawfully, and it is the first investigation to be conducted since India became independent. The government-approved technique was discovered to be onerous and flawed. In order to meet the constantly expanding need for public inquiries by the unbiased and independent authority. As a result, it was deemed necessary to craft an appropriate act on the issue, which led to the introduction of the “Commission of Inquiry bill, 1952”, in parliament. [1]

Brief explanation

This act establishes commissions to look into issues that are relevant to, concern, or have an impact on the general public. As long as Jammu and Kashmir is included, this statute is applicable throughout all of India. When a commission is appointed by the federal or state governments and announced in the official gazette, only then does the act become operative.

The “Commissions of Inquiry Act, 1952”, was passed by Parliament and gives the federal and state governments the power to create commissions to conduct inquiries into specific issues of public interest. It was enacted in accordance with “Schedule VII, lists I and III”, of the constitution. The commission of inquiry legislation grants the federal and state governments the authority to form a commission of inquiry to look into any issue connected to one of the items listed in “Lists I and III”. The act gives state governments the authority to form inquiry commissions and to conduct inquiries into any additional issues related to any of the items included in the aforementioned lists.[2]

The necessity of such a legislation is mainly to gather the views of various groups of people who are likely to be suffering from the exercise of administrative power by the authority concerned. Additionally, to the collection of views, the commission of inquiry serves the aim of gathering necessary data or facts regarding a specific subject of public importance. The basic aim or purpose of the act is rulemaking, law enforcement, adjudication of dispute, supervision, licensing, collecting information and also taking action against the accused person. [3]

RIGHT TO INFORMATION

“The right to information is a fundamental right under Article 19(1) of the Indian constitution. In the case of Raj Narain vs. the state of Uttar Pradesh[4] case, the supreme court ruled that right to information will be treated as a fundamental right under article 19. The Supreme court held that in Indian democracy, people are the masters and they have the right to know about the working of the government”. [5]

With regards to this thought, the Indian legislation, in 2005 came up with the right to information act which is now a landmark legislation in India that empowers the citizens by providing them with a mechanism to access information held by public authorities. The act is designed to promote transparency, accountability, and participatory democracy in the country. It aims to ensure that citizens can exercise their fundamental right to know and obtain information about the functioning of government bodies. The RTI act establishes a systematic framework for accessing information by requiring public authorities to disclose information proactively and respond to requests for information from citizens within a specified time frame. It applies to all levels of government, including central, state and local bodies, as well as non-governmental organizations receiving public funds. Under the act, any citizen of India can submit a written request to a public authority seeking information, and the authority is obligated to provide the requested information within a reasonable period of time. The information can be obtained in various forms such as documents, records, emails, or even electronic formats. The RTI act ensures that citizens can access a wide range of information, including government policies, rules, regulations, and decisions. This process of maintaining transparency between the public authorities and public fosters greater accountability among public officials and helps curb corruption and misuse of power. Since its enactment, the RTI Act has had a transformative impact on Indian society. It has empowered citizens to actively engage in governance, hold public officials accountable, and contribute to decision-making processes. The act has played a crucial role in enhancing transparency, combating corruption, and strengthening democratic institutions. By enabling access to information. By enabling access to information, the RTI act has fostered a culture of openness, participation, and citizen empowerment in India.

HOW DOES THE INCLUSION OF RTI PROVISION CAN BE PROVED TO BE EFFICIENT FOR THE IMPLEMENTATION OF COMMISSIONS ESTABLISHED UNDER THE COI

The inclusion of the right to information provision can significantly enhance the efficiency and effectiveness of a commission established under the commission of inquiry act. The right to information provisions ensures transparency in the functioning of the commission. It allows the public to access information about the commission’s proceedings, decisions, and findings. This transparency builds public trust and confidence in the commission’s work. The provisions of RTI enables citizens to hold the commission accountable for its actions. By having access to information, the public can scrutinize the commission’s processes, ensure fair and impartial investigations, and raise concerns if they perceive any bias or wrongdoing.

The right to information empowers individuals and organizations to actively participate in the commission’s proceedings. They can request information, submit evidence, and provide inputs to ensure that all relevant facts are considered. This inclusive approach strengthens the commission’s mandate and widens the scope of its investigations. The right to information also facilitates the collection of relevant information and evidence for the commission’s inquiries. Citizens can provide valuable inputs, documents, and testimonies that can aid in the commission’s fact-finding process. Access to information allows the commission to gather a comprehensive and accurate account of the events under investigation. It can also ensure that the commission can access all relevant records, documents, and testimonies necessary for a through investigation. This helps prevent any attempts to hide or manipulate information that may be detrimental to the commission’s findings.

The right to information provision promotes impartial decision-making by allowing the commission to consider diverse perspectives and alternative viewpoints. Access to information from various sources helps the commission reach fair and objective conclusion based on credible evidence. By incorporating the right to information provision, the commission demonstrates a commitment to transparency, accountability, and citizen participation. This enhances the commission’s legitimacy and fosters public trust in its processes and outcomes.

CONCLUSION

As a conclusionary remark, it can be said that the inclusion of provisions of right to information helps towards ensuring transparency, accountability, and public participation in the functioning of commissions. The right to information empowers citizens by granting them access to information related to the commission’s proceedings, decisions, and findings. This transparency builds public trust and confidence in the commission’s work, while also holding it accountable for its actions. Moreover, the right to information provision enables active participation in the commission’s proceedings. Individuals and organizations can contribute by providing information, evidence, and valuable insights, ensuring a comprehensive and accurate investigation. This inclusive approach strengthens the commission’s mandate and widens the scope of its inquiries. The inclusion of the RTI provisions in the commissions of inquiry act also lends legitimacy to the commission’s processes and outcomes. It demonstrates a commitment to transparency, accountability, and citizen empowerment, fostering public trust in the commission’s work. Overall, the right to information has proven to be a vital tool in enhancing the efficiency and effectiveness of commissions established under the commission of inquiry act. It plays a pivotal role in promoting transparency, preventing corruption, and strengthening democratic institutions. By empowering citizens and enabling access to information, the provision contributes to a more accountable, participatory, and just society.

REFRENCES

Right to Information Act, 2005.
Commission of Inquiry Act, 1952.
Unnati Khajanchi, Commission of Inquiry Act, 1952: Status and Relevance, IPleaders, https://blog.ipleaders.in/commission-of-inquiry-act-1952-status-and-relevance/, last seen on 27/06/23.
Poojatsk90, Commission of Inquiry, Legal Service India E-Journal, https://www.legalserviceIndia.com/legal/article-3531-commission-of-inquiry.html, last seen on 27/06/23
Right to Information- Notes for UPSC Indian Polity, Byjus, https://byjus.com/free-ias-prep/right-to-information-rti/, last seen on 29/06/23.
B. Sharma, Problems Arising under Commissions of Inquiry Act, 26, Journal of the Indian Law Institute, 160, (1984), https://www.jstor.org/stable/43950892, last seen on 27/06/23.
Om Prakash Motiwal, Commissions of Inquiry in India, 13, Journal of the Indian Law Institute, 220, (1971), https://www.jstor.org/stable/43950270, last seen on 26/06/23.