J&K RTI Act: Poor state of affairs even after eight years

Most of the district websites do not display any information about their annual budgets

venkatesh-nayak

Venkatesh Nayak | March 21, 2017 | New Delhi


#J&K RTI Act   #Right to Information   #CIC   #Transparency   #RTI Act   #RTI   #governance  


The J&K Right to Information Act (J&K RTI Act) enters its ninth year of implementation. A study of the official websites of 230 public authorities under the J&K government conducted by J&K RTI Movement and CHRI reveals that compliance with the requirement of proactive disclosure of information under Section 4(1)(b) of the J&K RTI Act remains poor. 

What is proactive information disclosure under Section 4 of the J&K RTI Act?


Section 4(1)(b) of the J&K RTI Act makes it compulsory for all public authorities to place a wealth of information in the public domain. This includes detailed information about their organization and functions, powers and duties of their officials, rules, regulations, norms and  manuals that must guide their work, details of decision-making processes, budgets and expenditure, subsidiary programmes implemented, authorisations and permits issued and a list of all records held in paper or electronic form. Additionally, every public authority is required to publicise relevant facts about all important policy matters or decisions it takes, from time to time. Every person who is affected by any decision of a public authority has the right to be informed of the reasons behind such decisions. Section 4(2) of the J&K RTI Act explains that the purpose of proactively disclosing all this information is to reduce people’s need to seek information by filing formal RTI applications. A deeper examination of the scheme of the J&K RTI Act indicates that proactive disclosure of information is prioritized over reactive disclosure i.e., supplying information against formal RTI applications.

Key findings from the Rapid Study conducted by J&KRTI Movement and CHRI

Key findings from a rapid study of the official websites of the two Divisional Commissioners, the administration of 22 districts and 206 departments, autonomous bodies and other public authorities are as follows:

  • The DivComs and all districts have official websites. 59% of the districts have not uploaded Section 4(1)(b) information to a reasonable degree of compliance on their official websites. They are either incomplete or not published at all.
     
  • 3/4ths of the district websites do not display any information about their annual budgets. Only the district administrations of Bandipora and Budgam have displayed the latest budget-related information for 2016-17.
     
  • The Kargil district website is the best of all district websites included in this Rapid Study. Detailed information about the working of the Deputy Commissioner’s office and other departments in the district has been published in compliance with the J&K RTI Act. Udhampur seems to be the only district administration to display the physical verification reports of the developmental projects undertaken under various developmental programmes up to 2016.
     
  • Some districts have nevertheless taken innovative steps to display other categories of information proactively. Doda district website displays property statements of the officials of the DC’s office, and the Tahsildars and the total number of various types of ration cards issued by the administration, Tahsil-wise. Websites of Samba, Rajouri and Pulwama display the number of complaints received under the J&K Public Services Grievances Act, 2011. However this information is also not regularly updated.
     
  • More than 15% of the remaining 209 public authorities (other than DivComs and District Administration) in J&K covered by the study do not have websites. As many as 4 out of every 10 of the 177 public authorities with official websites do not display any information required to be proactively disclosed under Section 4(1)(b) of the J&K RTI Act. Compliance is only 57.62%;
     
  • 19.2% (32) of the public authorities have not displayed any details regarding the PIOs and FAAs designated by them for dealing with RTI applications and first appeals.
     
  • More than 3/4ths (138) of the public authorities with websites have not displayed budget-related information. Only two public authorities have displayed budget related information for the latest year i.e., 2017-18 (namely, Finance Dept. and the Directorate of Audit and Inspections). Six of the remaining public authorities have displayed budget related information for the year 2016-17 (namely, the Directorates of Horticulture and Animal Husbandry, the J&K Legislative Assembly, the J&K Legislative Council, IMPA and Sher-e-Kashmir University of Agricultural Sciences and Technology).
     
  • Under the section relating to budget and expenditure, the website of the Chief Minister’s Secretariat states as follows:


             “Chief Minister’s Secretariat does not have budget allocation for any programme nor it has any agency under its direct control.”

               However, the budget document uploaded on the website of the Finance Department displays the following sums of money allocated  to the Council of Ministers and the CM’s Secretariat in 2017-18:
i)        Council of Ministers (Voted): Rs. 752.80 lakhs;
ii)       CM’s Secretariat- GAD: Salary, travel expenses, Medical reimbursement grant- Rs. 54.80 lakhs; and
iii)     CM’ Secretariat- GAD: Secret Services expenses: Rs. 1,500 lakhs.
 


This Rapid Study is an outcome of the Internship Programme that CHRI hosted at its New Delhi office for Adv. (Ms.) Syed Iram Quadri and Adv. Bilal Ahmed Bhat, members, J&K RTI Movement (J&K RTI Movement) and the School for Rural Development and Environment (SRDE), from 01-28 February, 2017. CHRI and J&K RTI Movement have compiled this preliminary report.

 

Comments

 

Other News

India improves position on Network Readiness Index

India has improved its position by four slots and is now placed at 45th rank in the Network Readiness Index 2025 (NRI 2025) report prepared by Portulans Institute, Washington DC.   The report, released on February 4, maps the network-based readiness landscape of 127 economies based on th

Framework for India-US Interim Agreement announced

India and the United States on Saturday announced they had agreed on an interim framework for an interim trade agreement, indicating a broad roadmap of the opening of the markets and reduction in trade tariffs on both sides. In a message on X, prime minister Narendra Modi said, “Great

India’s quiet rise as the world’s `Third Pole`

A silent re-calibration is going on in the international system, which is becoming more polarized, volatile, and entered of spheres of influence. The world does not evolve in the new era of bipolar competition of the United States and China, nor does it evolve on the setback of Russia in the role of a spoi

‘Tariff king’ to trade partner: Why Trump’s sudden U-turn surprises India

On February 2 at around 10 PM, Sergio Gor, who had become US ambassador to India just three weeks ago, posted a cryptic message on his official handle on X, stating, “President Trump just spoke with Prime Minister Modi. STAY TUNED….” This created a buzz across media in India as the two l

One overlooked skill for success: The art of saying no

The Power of Saying No!: Why Really Successful People Say No to Almost Everything By Ashutosh Garg Rupa Publications, 200 pages, Rs 395

US reduces tariffs on India to 18%

US president Donald Trump has announced a reduction on tariffs on Indian imports from a punitive 50% to 18%. He called prime minister Narendra Modi late Monday (India time) and then announced the decision on social media. Trump said India would now stop buying oil from Russia and will procure it from the U


Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter