Kerala government undermines right to information

top-secretThe Right to Information Act was enacted to bring transparency in administration and thus check corruption.

Kerala government is hitting at the very root of the legislation by exempting a branch of the Vigilance and Anti-corruption Bureau (VACB) from the purview of the Act.

A notification issued by the government a month ago excludes the “top secret section” of the Vigilance from the purview of the Act. All confidential verifications and vigilance enquiries /quick verifications of sensitive nature are done by this section of the VACB.

Those who can hide behind the notification include the Chief Minister, former Chief Ministers, Ministers, former Ministers, members of the Assembly and Parliament and all India service officers. Works related to all surprise checks inclusive that of all India service officers, Chief Minister, former chief ministers, ministers, former ministers, MLAs, MPs are also exempted.  All correspondence made by VACB with Lok Ayukta, Lok Pal, CBI and CVC in connection with any enquiry and investigation as well as all petitions which are already under enquiry/investigation by Lok Ayukta,, Lok Pal, CBI and CVC are covered under the notification.

Interestingly, the notification is issued by a government headed by a Chief Minister who has set up Web cameras in his chamber and office claiming that they would enhance transparency. (That it is a farce is another matter). Moreover, the notification is issued misinterpreting a provision of the RTI Act. Section 24(4) of the Act provides for exclusion of intelligence and security organisations from the purview of the Act. The Government has used this provision to include the ‘T’ branch of the VACB in the schedule of organisations excluded from supplying information under the Act.

But the rider is that the provision applies only to “intelligence and security organisations” notified by the government, and a vigilance bureau is neither. Even if it is accepted for argument’s sake that the VACB is intelligence or security organisation, Section 24(4) specifies that information pertaining to the allegations of corruption and human rights violations shall not be excluded. So, the notification by the government is totally in violation of the Act.

It is just aimed to help corrupt ministers and bureaucrats to buy time from public exposure just before the elections. It is notable that the LDF has not strongly come out against the notification— they are also beneficiaries of the notification.

Related: Mullaperiyar studies are public documents

Crucial battle for Oommen Chandy in Kerala

The by-election from Aruvikkara constituency in Kerala is a crucial battle for Ommen Chandy government, beleaguered by corruption charges.
Chief Minister Oommen Chandy has taken it upon himself to win the election by fielding a novice. He has already addressed or interacted directly with half of the electorate in the constituency.

by-election

Finale of by-election campaign in Aruvikkara constituency in Kerala. Photos: Roy Mathew

A victory in Aruvikkara will enable Mr. Chandy to claim that his government still has people’s support. The ruling Front will be winning the third by-election after coming to power in 2011. (It had earlier won by-elections from Neyyattinkara and Piravom).

A defeat would show that support for government has slipped. This would encourage his detractors and he will face increasing pressure over corruption, questionable associations and misdemeanors of his Ministers and his own office. Though challenge to Mr. Chandy’s Chief- Ministership is not as strong as before, a defeat in the by-election can spell serious trouble for Mr. Chandy.

The campaigning is throwing out characteristics of a neck to neck race. However, the chances of the ruling Front (UDF) or Opposition Front (LDF) making a significant advance at the finish line could not be ruled out. The UDF candidate K. S. Sabarinathan, being a novice, has the advantage of being unblemished. The LDF candidate M. Vijayakumar, on the other hand, has to carry his own baggage. He faces an unusual situation of a counter affidavit having filed against his affidavit given as part of his nomination papers.

electionThis may be first time that a counter gets filed against an affidavit filed by a candidate. This could now become a trend in future elections.
The BJP candidate O. Rajagopal is sure to carry away a notable number of votes from the UDF and LDF kitty. He had been runner up in elections from Thiruvananthapuram.

His party’s vote share in Aruvikkara in the Assembly election of 2011 was only less than seven per cent. Mr. Rajagopal, who is popular around Thiruvananthapuram, and his foray into an adjoining area is sure to increase BJP’s votes.

Related links:
Kerala Assembly election database
By-election results: Neyyattinkara and Piravom