CIC Sridhar Acharyulu Retires After A Proactive Term As RTI Custodian

"It is undeniable that his tenure has strengthened the RTI regime, shaping it as a powerful tool to ensure constitutional governance"Professor M Sridhar Acharyulu(also known Madabhushi Sridhar) has retired as Central Information Commissioner yesterday, after an eventful tenure of five years. A law professor at NALSAR Hyderabad and author of several books of law and journalism, he was appointed as Central Information Commissioner on November 21, 2013.It will not be an exaggeration to state that during this period, he transformed the office of CIC from that of a mere appellate authority under the Right To Information Act 2005(RTI Act) to an institution which plays a proactive role in maximising transparency and accountability in public governance.His recent directions to the Prime Minister’s Office and the Reserve Bank of India to disclose information on wilful loan defaulters came as a fitting finale for his maverick term. His exasperation and anguish at the blatant defiance shown by RBI against 11 previous orders of CIC was expressed in the hard-hitting order. The timely compliance of the orders could have prevented the deep rot in the financial system, preventing the easy escape of millionaire defaulters from the country- he painfully noted in the order.The directions did not go seemingly go down well with the Chief Information Commissioner R K Mathur, who observed that Acharyulu breached "protocol" by his orders to RBI.In a letter shot to the CIC R K Mathur, Acharyulu stated that CIC should feel embarrassed that its orders are being openly defied. "Are we under oath to help in the concealment of details of those who thrive on fraud despite the knowledge that 3 lakhs farmers committed suicide across the country as they could not pay small amounts of loans?” he asked. He said that he will be bound only by the text of law and judgments of SC, and not by "unwritten protocols".He has passed several bold orders, which have rattled the powers that be. The direction issued to Delhi University in the case concerning educational qualifications of Prime Minister Narendra Modi is such an instance. The order was passed in the backdrop of intense allegations from several quarters that PM’s educational claims were bogus. There is no justification in guarding the educational details of a country’s Prime Minister like a state secret. But the Delhi University withheld information on the ground that it was third party information which cannot be given under RTI. In a strong order, Acharyulu overruled the University’s objection stating that “disclosure of educational details in no way infringes right to privacy” and facilitated inspection of records pertaining to students who passed BA in 1978, the year in which, according to University, Modi had cleared the examination.Similar approach was adopted by him in case of Smriti Irani’s, while directing the CBSE to disclose her educational details. “When a public representative declares his educational disqualification, the voter has a right to check up that declaration”, he stated in the order.His order in the PM educational qualification case led to huge furore, resulting in him being taken off the charge of HRD Ministry in the Central Information Commission.Last September, he passed an order regarding furnishing of information regarding fund utilization under MPLADS scheme. He held that people of a constituency have a right to know have every right to know progress of these works, payments made, reasons for not spending amount under the MPLADS scheme. From the basis of records, the CIC found that about Rs.12,000 crores in the MPLADS fund remained unspent. He directed the ministry to publish MP-wise, constituency-wise and work-wise details, with names of beneficiaries, and reasons for delay for all Members of Parliament. He also also made a prima facie finding that parliamentary board of political parties are a ‘public authority’ as per Section 2(h) of the Right to Information Act.In this regard, it is pertinent to note that a Full Bench of the CIC had ruled in 2013 that political parties will fall within the ambit of RTI Act. Acharyulu was part of the bench which was constituted later to deal with complaints regarding non-compliance of the 2013 order. However, in a dramatic turn of events, the Chief Commissioner R K Mathur shifted him out of the bench, triggering of a controversy, similar to the ‘master of roster’ controversy which was gripping the SC at that time. Acharyulu wrote a letter to Mathur, questioning the arbitrary manner in which the Chief Commissioner re-constituted the bench, stating :"You may have noticed that the Chief Justice of India, who is the Master of the Roster, is also making such decisions in transparent manner, after the four members of the Collegium openly raised these issues. It is therefore important that all such decisions are taken at the Commission meeting with all the members present.“A notable feature in his approach is that he analyses the...

CIC Sridhar Acharyulu Retires After A Proactive Term As RTI Custodian

Manu Sebastian

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