The News Minute| September 11, 2014| 4.15 pm ISTProminent RTI activists and former Information Commissioners have written to President Pranab Mukherjee raising concern over the fact that the post of the Chief Information Commissioner in the Central Information Commission of India has been lying vacant since August 22, 2014.A letter signed by activists like Aruna Roy, Nikhil Dey, Anjali Bhardwaj, Maja Daruwala, Shailesh Gandhi and former CICs like Deepak Sandhu and Wajahat Habibullah has been sent urging the President 'to take immediate steps to appoint a Chief Information Commissioner in the Central Information Commission in a transparent manner.'The letter quoting 'Section 12(4) of the RTI Act states that the role of the Chief Information Commissioner is critical for the functioning of the Central Information Commission. The post of the Chief Information Commissioner being vacant, therefore, has the potential to adversely impact the effective functioning of the Commission.It also raises concerns about the huge backlog of appeals and complaints pending in the Commission. 'Often people have to wait for more than a year for their appeals and complaints to be heard. The lack of a Chief Information Commissioner will cause the pendency in the Commission to further increase,' says the letter.Shri. Pranab MukherjeeHon’ble President of IndiaSeptember 11, 2014Subject: Appointment of Chief Information Commissioner in the Central Information Commission of IndiaDear Rashtrapatiji,It is a widely recognized fact that transparency and openness are key pre-requisites for good governance. The RTI legislation has been an entitlement which has kept the intent of a free and open system of governance afloat in our country. The multiple uses of the Act to improve government functioning are so huge that they defy enumeration. The implementation of the RTI law is seen as the one stated intent of the government to lay itself open to scrutiny, and therefore accountability.The effective functioning of adjudicators under the RTI Act – the Information Commissions – is critical for the health of the transparency regime in the country. It is therefore a matter of grave concern that the post of the Chief Information Commissioner in the Central Information Commission of India has been lying vacant since August 22, 2014. It is for the first time since the constitution of the Central Information Commission in 2005, that the Commission is headless. Section 12(4) of the RTI Act states- “The general superintendence, direction and management of the affairs of the Central Information Commission shall vest in the Chief Information Commissioner who shall be assisted by the Information Commissioners and may exercise all such powers and do all such acts and things which may be exercised or done by the Central Information Commission autonomously without being subjected to directions by any other authority under this Act.” Clearly, the aforementioned section implies that the role of the Chief Information Commissioner is critical for the functioning of the Central Information Commission. The post of the Chief Information Commissioner being vacant, therefore, has the potential to adversely impact the effective functioning of the Commission. Already there is a huge backlog in the Central Information Commission with close to 25,000 appeals and complaints pending in the Commission. Often people have to wait for more than a year for their appeals and complaints to be heard. The lack of a Chief Information Commissioner will cause the pendency in the Commission to further increase.Section 12(3) and the accompanying ‘Explanation’ of the RTI Act state- “(3) The Chief Information Commissioner and Information Commissioners shall be appointed by the President on the recommendation of a committee consisting of— (i) the Prime Minister, who shall be the Chairperson of the committee; (ii) the Leader of Opposition in the Lok Sabha; and (iii) a Union Cabinet Minister to be nominated by the Prime Minister. Explanation—For the purposes of removal of doubts, it is hereby declared that where the Leader of Opposition in the House of the People has not been recognised as such, the Leader of the single largest group in opposition of the Government in the House of the People shall be deemed to be the Leader of Opposition” (emphasis added). We, as citizens of India, urge you to take immediate steps to appoint a Chief Information Commissioner in the Central Information Commission in a transparent manner. The RTI Act has strengthened participatory democracy by enabling the citizens of India to monitor and access services throughout the country. We are confident that you will take necessary steps to urgently appoint the Chief Information Commissioner and strengthen the Right to Information law, which has been acknowledged in India and abroad, as an affirmation of the right of Indian citizens to participate in, and monitor, democratic governance.Yours sincerely,Signed/-Anjali Bhardwaj, Aruna Roy, Deepak Sandhu, Maja Daruwala, Nikhil Dey, Shailesh Gandhi, Shekhar Singh, Venkatesh Nayak, Wajahat Habibullah