The Right to Information Act casts an important responsibility on the newly formed State of Telangana - constitution of the State Information Commission.

Enactment of the Right to Information Act was hailed as a milestone of great importance in the evolution of Indian democracy. Right to Information is a fundamental human right, crucial to human development, and a prerequisite for the realization of other human rights.

State Information Commissions play key role in implementation of the RTI Act. They are an essential part of the practical regime of right to information envisaged by the RTI Act, to promote transparency and accountability in the working of every public authority.

Under the RTI Act, it is mandatory, not optional, for any State Government to constitute a State Information Commission. The Right to Information Act, 2005, sub-section (1) of Section 15 reads as follows:

“15. Constitution of State Information Commission:–

(1) Every State Government shall, by notification in the Official Gazette, constitute a body to be known as the......... (name of the State) Information Commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.” (emphasis added)

The Parliament, by law, imposes a statutory obligation on the States to constitute the State Information Commission.

Besides, the RTI Act does not provide for establishment of a joint State Information Commission for two or more states to exercise the jurisdiction, powers and authority conferred on the State Information Commissions for those states.

Hence, the present AP Information Commission (APIC) does not enjoy jurisdiction over the public authorities in the state of Telangana. As in the case of State Public Service Commission, immediate constitution of the Telangana State Information Commission is essential.

Barring very few regular employees, most of the employees are working on contract basis in the present APIC. In addition, some outsourced employees are serving the present APIC. Among the contract and outsourced employees, persons from Telangana may be considered for recruitment into the Telangana State Information Commission. This measure would make the new State Information Commission efficient by deriving benefit from their experience in handling Appeals filed under the RTI Act and thereby avoid any teething problems.

In addition to the State Information Commission, there are two more quasi-judicial authorities to be mandatorily constituted by a State under Central Acts of Parliament:

• State Consumer Disputes Redressal Commission under the Consumer protection Act, 1986

• State Administrative Tribunal under the Administrative Tribunals Act, 1985.

• Lokayukta under the Lokpal and Lokayuktas Act, 2013

State Consumer Disputes Redressal Commission

The Consumer protection Act, 1986, Section 9(b) provides as follows:

“Establishment of Consumer Disputes Redressal Agencies.

9. There shall be established for the purposes of this Act, the following agencies, namely :—

..

(b) a Consumer Disputes Redressal Commission to be known as the "State Commission" established by the State Government in the State by notification;

..”

Since the Consumer protection Act does not provide for establishment of a joint State Consumer Disputes Redressal Commission for two or more states, immediate constitution of the Telangana State Consumer Disputes Redressal Commission is essential as in the case of State Information Commission.

State Administrative Tribunal

Unlike the RTI Act and the Consumer protection Act, the Administrative Tribunals Act, 1985 offers some flexibility in respect of establishment of Administrative Tribunals.

The State of Telangana may send a request to the Central Government to establish a new Administrative Tribunal under Section 4(2) of the Administrative Tribunals Act. Alternatively, may enter into an agreement with the State of Andhra Pradesh for continuation of the present A.P. Administrative Tribunal as the joint Administrative Tribunal for both the States under Section 4(3). Such an agreement should be approved by the Central Government and published in the Gazette of India and the Official Gazette of both the States.

Lokayukta

The State of Telangana has to establish Lokayukta, under Section 63 of the Lokpal and Lokayuktas Act, 2013, after enacting a law by the State Legislature, within a period of one year from the date of its commencement, 16 January 2014.

Though not mandatory, the State of Telangana may start planning for constitution of other quasi-judicial authorities such as State Human Rights Commission under Section 21 of the Protection of Human Rights Act, 1993.

RTI and other rights based legislations have become friends in need, making life easier and honorable for common people. They empower them to request and access public services successfully. Transparency and accountability benefit the poor greatly by protecting their rights and dignity. Constitution of these quasi-judicial authorities would strengthen the people's confidence in the government's commitment to good governance and make our democracy more people-friendly.