Whispers Forum

Amid the buzz of Delhi assembly elections, former Chief Minister Arvind Kejriwal's bungalow has once again emerged as an issue. There has been politics of allegations and counter-allegations earlier also regarding the crores spent on the renovation and beautification of the Chief Minister's residence, but this time in response to the allegations of BJP leaders, AAP leaders have targeted Home Minister Amit Shah. Amidst the poster war going on from both sides, there is a discussion that the issues of the public are missing in the fight between the two sides.
Ritika Kumari

The political temperature in the Rajya Sabha is intensifying during the winter session. The INDIA Block of opposition parties is now gearing up to bring a no-confidence motion against Rajya Sabha Chairman Jagdeep Dhankhar. The process of bringing a motion to remove the Chairman in the Rajya Sabha is very strict. It requires the signatures of at least 50 MPs. After the signatures, the motion is discussed and then passed by the majority of the members present. After the motion is passed in the Rajya Sabha, it has to be approved in the Lok Sabha as well. However, the winter session is to run till December 20 only. But the remaining days in Lok Sabha and Rajya sabha will be wasted only in uproar. People are tired of this.
Nancy Kumari

The issue before the CIC was whether to hear the appeal in cases where the RTI application, first appeal and the subsequent second appeals was filed collectively by two citizens. The CIC referred to Section 6 (a) of the RTI Act, which stipulates that a person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made. The CIC observed that in the instant case, the RTI applications, the First Appeal and the subsequent second appeal, all have been filed collectively by two citizens, Pawan Gupta & Vijender Kumar Gupta and therefore, the RTI applications, first appeals and second appeals, not being filed in individual capacity, are not maintainable. The CIC dismissed the appeal.
Comments
In case of Mr Samir Kumar Haldar v. Employees Provident Fund Organization, CIC/SG/A/2010/001429/8585 dated 16 July 2010, the appellant had filed an RTI application which was also signed by seven other people. The CIC observed that the PIO's rejection was completely wrong since there is nothing in the law or the rules preventing more than one citizen from submitting the RTI application. The CIC referred to Section3 of the RTI Act which states, "Subject to the provisions of this Act, all citizens shall have Right to Information". The CIC had then ruled that the PIO's rejection has no basis in law.
Citation: Pawan Gupta & Vijender Kumar Gupta v. University Grants Commission, Second Appeal No. CIC/UGCOM/A/2023/140271; Date of Decision: 05.11.2024
Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Vishakhapatnam. She has co-authored the books PIO’s Guide to RTI and Right to Information – Law and Practice. Her weekly article is being published since 2008 on this site. She offers consultancy on RTI matters and third party audit to individuals / organisations. Her other articles can be read at the website of RTI Foundation at the link https://www.rtifoundationofindia.com/

The opposition parties have started a movement regarding EVMs. The centre point of this movement is Markarwadi village of Maharashtra, where the villagers recently tried to conduct symbolic ballot paper elections. These symbolic elections were cancelled due to the intervention of the Election Commission. Later, cases were also registered against some people. It is true that the Supreme Court has given many decisions regarding the electronic voting machine. It is also true that till now the opposition has not been able to prove even a single allegation regarding the malfunctioning of the EVMs, despite this the EC should resolve all the doubts of the opposition once again. It is necessary to do so because India is the largest democratic country in the world. The campaign being run against the EVMs and the Election Commission affects the credibility of constitutional institutions. If the constitutional institutions themselves come under suspicion, then how will our democracy remain strong? A resolution was also passed in the Congress Working Committee against the EVM.
Raj Singh

How Delhi can be saved from pollution-I have two suggestions. One, keep a complete lockdown in Delhi for one day in a week (it could be any one day of the week). We have already seen the situation when there was a lockdown in India due to Covid. No vehicles on roads at all. No construction work. No one should be allowed to come out of their homes. Only in an emergency, people (with justifiable reason) should be allowed to go out. Only electric buses/ cars should be allowed to ply. This should be implemented from now on and should continue for a year or so to see the change in AQI levels. Two, considering the cream of younger generation joining IIMs and IITs, the Government should seek their opinion for bringing improvements in pollution/ AQI levels. Such an experiment has been done in Gujarat to improve the water scarcity problem. Based on the suggestions of IIM Ahmedabad’s young students, there was a lot of improvement in the water scarcity problem in the Kutch region. I suggest, Government should consider these options.
Pradeep Kumar
Make it a UT
I agree with M LGupta's views. There are too many authorities in Delhi. Best option is to make it a UT and reduce the role of MCD, NDMC so that overlapping could be avoided.
S Gopal

Delhi can be saved by reverting back to the days before Delhi assembly came into force. No national political party is likely to support a strong Chief Minister in Delhi; instead, the role seems to require a more passive approach. Kejriwal has proved by drawing the salary of Chief Minister without handling even one department that the job does not require a chief minister. He asks where is it written in the Ambedkar formulated Constitution that a CM has to have one or more depts. Just like he has challenged the constitution by asking where is it written that a CM can't run the government from jail. Even the highest constitutional authorities have been speechless in these situations evading arguments by inventing the doctrine of extraordinary situation and extraordinary remedy! Delhi needs no CM. Go for a nominated corporation of highly qualified persons resident of Delhi for more than 3-4 decades and highest integrity to be the face of India. Kejriwal maligned Sheila Dixit and has collected 100x more flak himself in the last 10 years with the distinction of remaining in Tihar jail. The life of future CMs will be no different. Dilli mein hai bahut fislan, sambhal ke chalana mushkil hai yahan
M L Gupta

The unscrupulous elements, irrespective whether Indian or American, survive on extorting money from wealth creators. Adani is no exception. Communism in India was defined as abusing “Tata-Birla’ earlier as there was neither an Adani nor Ambani. Doing business in India has never been easy. Shortage of capital, plant, machinery, technology, design & drawings, market, regulatory compliance and trained manpower posed only huge problems and hindrances for any entrepreneur. Everybody tried to fleece the investor, who was yet to become an entrepreneur. It was called “corruption”. Americans were not far behind as any case of import of technology or plant & machinery for 40 years would provide more than enough evidence. Then there were strikes, chakka-jams, pen down, work to rule and hundred other man-made industrial obstacles. These elements thought the investor was doing “business”, they did not understand the value of industrialisation, job creation and economic growth. They have shifted to America and Europe after 2014 and what is happening to Adani today is collaboration between unscrupulous people in both countries. One instance will highlight the situation: West Bengal was the industrially better developed state in India but industries were either shut down or turned sick or were driven away. Shingur, where the Tata Group were setting up a small car project and were forced by violence to give it up, was the last fort to fall and no new industry has been set up there so far. American corporations like Enron and Dow Chemical plant in Bhopal are the illustrations of failed/absent FCPA. What is America proud of? American violence against Indian companies will lead to nowhere. America has to understand that what can be achieved by lawful means can never be achieved by arm twisting in the manner they have been attacking Indian companies or government or institutions. The British had suffered the end of their mighty empire! America is no more than an equal member of the UNO.
M L Gupta

From the very first day of the winter session of the Parliament, the Congress started trying to corner the government. The opposition is adamant on the demand for a special debate on the Adani issue inside the House, but the government has not yet given any indication of bowing down in this regard. Prime Minister Narendra Modi's strict statement is enough to understand that the government is not in favor of discussing the allegations being made on the basis of news from other countries. Now even INDIA block ally TMC is fed up with this and has said it wants discussion on other issues and slammed Congress for focusing only on Adani.
Anurag Kumar

This figure is worrying that the amount of fraud related to Unified Payment Interface (UPI) increased to Rs 1,087 crore in 2023-24, which was 85 percent more than Rs 573 crore in 2022-23. That is, with this extraordinary growth in the country's digital payment landscape, the cases of fraud have also increased. The figures recently presented by the Union Finance Ministry before the Parliament confirms this. Cases of payment fraud also increased from 7.25 lakh in 2022-23 to 13.4 lakh in 2023-24. In the first half of the current financial year, 6.32 lakh cases of UPI payment fraud were reported in India. These involved an amount of about Rs 485 crore. These figures are worrying and may affect those who use it in future.
Aditya Malviya

Information about GST returns were denied by the PIO taking recourse to the Section 158 (1) of CGST Act, 2017. The CIC referred to the Delhi High Court judgment in Chief Information Commr. v. High Court of Gujarat, (2020) 4 SCC 702, dealing with the disclosure of information under the Right to Information Act, 2005 with reference to Section 138 of the Income Tax Act, 1961. It was observed that while the Right to Information Act is a general law concerning the disclosure of information by the public authorities, Section 138 of the Income Tax Act is a special legislation dealing with disclosure of information concerning the assesses. The CIC agreed with the stand taken by the Respondent in denying the information and held that intervention is not warranted in the matter.
Comments
The supremacy of RTI Act by virtue of Section 22 has been the issue for interpretation in different cases. Section 22 provides that the provisions of RTI Act shall have effect notwithstanding anything inconsistent therewith contained in any law for the time being in force or in any instrument having effect by virtue of any law other than this Act. The proponents of the RTI Act have vehemently argued that information can be denied to an applicant by taking recourse to only section 8 or section 9 of the RTI Act.
Citation: V Bethuran v. O/o the Commissioner of CGST & Central Excise, Madurai, File No: CIC/DGSTX/A/2023/130359; Date of Decision: 03.10.2024
Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Vishakhapatnam. She has co-authored the books PIO’s Guide to RTI and Right to Information – Law and Practice. Her weekly article is being published since 2008 on this site. She offers consultancy on RTI matters and third party audit to individuals / organisations. Her other articles can be read at the website of RTI Foundation at the link https://www.rtifoundationofindia.com/

Election strategist Prashant Kishor, who founded the Jan Suraaj Party in Bihar with great enthusiasm, suffered a huge setback in the first election itself. Prashant Kishor, who claimed to set the direction for the 2025 assembly elections with the help of by-elections held on four assembly seats in Bihar, has been rejected by the general voters in this election and people have given a message for the future by voting for the NDA camp. Although PK has described the ten percent votes received by the Jan Suraaj Party as a good start, there is a discussion in the political corridors of Delhi that PK, who claimed to make other parties win with his advice, has been out on zero in his first innings itself.
Neha Ahirwar