Source: www.pib.nic.in Source: www.pib.nic.in

 

Yesterday the Prime Minister reshuffled his Cabinet and inducted four cabinet ministers and four ministers of state.  Since the beginning of the UPA II government, there have been three major Cabinet reshuffles and a number of minor readjustments in the portfolios of ministers. Analysing changes in the portfolios of ministers gives an insight into the churn in the political leadership of the different ministries of the government of India. Until recently there was no central online resource where information could be collated about cabinet reshuffles. The information was scattered between the websites of the President, the Prime Minister and the Press Information Bureau. Since 2012, the Cabinet Secretariat has started putting details about changes in the portfolio of the council of ministers in the public domain. However analysing this information becomes difficult as the information is split into different files and details about the Cabinet reshuffle do not go back till 2009. We have tried to collate data about changes in Cabinet portfolios since May 2009, so that it becomes easily accessible and can be analysed by interested individuals.  The raw data file can be accessed here. This data could be analysed to see which Ministers have shifted across ministries or the average length of tenure of Ministers in different ministries. If you spot interesting trends in the raw data above, please share them with us on twitter@prslegislative We have done a preliminary analysis of the data to see which ministries have had the most changes in Cabinet Ministers since May 2009: - Railway Ministry portfolio has been held by six different Cabinet Ministers [Mamata Banerjee, Dinesh Trivedi, Mukul Roy, C P Joshi (twice), Pawan Kumar Bansal and now Mallikarjun Kharge] - Ministry of Law and Justice, Corporate Affairs and Science and Technology: Four Cabinet Ministers. - Ministry of Petroleum and Natural Gas, Civil Aviation, Rural Development, Tourism and Youth and Sports:  Three Cabinet Ministers. - Ministries like Finance, Home, External Affairs, Communications and Information Technology, Human Resource Development:  Two Cabinet Ministers. - Ministries like Agriculture and Non Conventional Energy Sources have the same Ministers from May 2009. This data also helped us put together a brief chronology of Cabinet reshuffles since the beginning of the term of the UPA II government:

23 & 28- May-09 Cabinet sworn in.
31-May-09 Meria Kumar resigns as Minister of Water Resources to become Speaker of Lok Sabha.
19-Apr-10 Shashi Tharoor resigns as Minister of State from the Ministry of External Affairs.
15-Nov-10 A Raja resigns as Minister of Communications and Information Technology. Kapil Sibal gets additional charge of the ministry.
19-Jan-11 First major cabinet reshuffle. Most ministries affected.
12-Jul-11 Second major Cabinet reshuffle. Dinesh Trivedi assumes charge of Railway Ministry after Mamata Banerjee, Salman Khursheed becomes Law Minister, Jairam Ramesh moves to Rural Development. New Ministers like Rajeev Shukla (Parliamentary Affairs) and Jayanthi Natarajan (Environment and Forest) get inducted.
18-Dec-11 RLD joins UPA. Ajit Singh inducted as Minister of Civil Aviation.
20-Mar-12 Dinesh Trivedi resigns and Mukul Roy becomes Railway Minister.
27-Jun-12 Pranab Mukherjee resigns as Finance Minister to fight the presidential election.
31-Jul-12 P Chidambaram moves from Home to Finance Ministry and Sushil Kumar Shinde moves from Power to Home Ministry.
22-Sep-12 Trinamool withdraws support to UPA. All TMC ministers resign. C P Joshi assumes additional charge of Railway Ministry.
28-Oct-12 Third major reshuffle. S M Krishna resigns from Ministry of External Affairs and Salman Khursheed takes over. Ashwani Kumar comes in place of Salman Khursheed in Law and Justice. Ambika Soni resigns and Manish Tiwari takes charge of Ministry of Information and Broadcasting. Ajay Maken moves from Ministry of Youth Affairs and Sports to Housing and Urban Poverty Alliviation.
21-Mar-13 DMK withdraws support. All DMK Ministers resign.
11-May-13 Ashwani Kumar and Pawan Kumar Bansal resign. Kapil Sibal takes charge of Ministry of Law and Justice and C P Joshi takes charge of Railways.
16-Jun-13 Ajay Maken and C P Joshi resign.

   

The Right to Information (Amendment) Bill, 2019 that amends the Right to Information Act, 2005 was introduced in Lok Sabha today.

What does the RTI Act do?  

Under the RTI Act, 2005, Public Authorities are required to make disclosures on various aspects of their structure and functioning.  This includes: (i) disclosure on their organisation, functions, and structure, (ii) powers and duties of its officers and employees, and (iii) financial information.  The intent of such suo moto disclosures is that the public should need minimum recourse through the Act to obtain such information.  If such information is not made available, citizens have the right to request for it from the Authorities.  This may include information in the form of documents, files, or electronic records under the control of the Public Authority.  The intent behind the enactment of the Act is to promote transparency and accountability in the working of Public Authorities.  

Who is included in the ambit of ‘Public Authorities’?

‘Public Authorities’ include bodies of self-government established under the Constitution, or under any law or government notification.  For instance, these include Ministries, public sector undertakings, and regulators.  It also includes any entities owned, controlled or substantially financed and non-government organizations substantially financed directly or indirectly by funds provided by the government. 

How is the right to information enforced under the Act?

The Act has established a three tier structure for enforcing the right to information guaranteed under the Act.

Public Authorities designate some of their officers as Public Information Officers.  The first request for information goes to Central/State Assistant Public Information Officer and Central/State Public Information Officer, designated by the Public Authorities. These Officers are required to provide information to an RTI applicant within 30 days of the request.  Appeals from their decisions go to an Appellate Authority.  Appeals against the order of the Appellate Authority go to the State Information Commission or the Central Information Commission.  These Information Commissions consists of a Chief Information Commissioner, and up to 10 Information Commissioners.  

What does the Right to Information (Amendment) Bill, 2019 propose?

The Bill changes the terms and conditions of service of the CIC and Information Commissioners at the centre and in states.  Table 1 below compares the provisions of the Act and the Bill. 

Table 1:  Comparison of the provisions of the Right to Information Act, 2005 and the Right to Information (Amendment) Bill, 2019

Provision

RTI Act, 2005

RTI (Amendment) Bill, 2019

Term

The Chief Information Commissioner (CIC) and Information Commissioners (ICs) (at the central and state level) will hold office for a term of five years. 

The Bill removes this provision and states that the central government will notify the term of office for the CIC and the ICs.

Quantum of Salary

The salary of the CIC and ICs (at the central level) will be equivalent to the salary paid to the Chief Election Commissioner and Election Commissioners, respectively. 

Similarly, the salary of the CIC and ICs (at the state level) will be equivalent to the salary paid to the Election Commissioners and the Chief Secretary to the state government, respectively. 

 The Bill removes these provisions and states that the salaries, allowances, and other terms and conditions of service of the central and state CIC and ICs will be determined by the central government.

 

Deductions in Salary

The Act states that at the time of the appointment of the CIC and ICs (at the central and state level), if they are receiving pension or any other retirement benefits for previous government service, their salaries will be reduced by an amount equal to the pension. 

Previous government service includes service under: (i) the central government, (ii) state government, (iii) corporation established under a central or state law, and (iv) company owned or controlled by the central or state government.

The Bill removes these provisions.

 

Sources:  Right to Information Act, 2005; Right to Information (Amendment) Bill, 2019; PRS.