Showing posts with label justification. Show all posts
Showing posts with label justification. Show all posts

JUSTIFICATION OF EMERGENCY, IT'S MERITS AND DEMERITS, DEFINITELY RELATED TO GOOD GOVERNANCE AND ACCOUNTABILITY.

Emergency had been imposed in the country before fifty years ago and now the ruling party working for the welfare of society and country is remembering this event of the held mis use of power by the then Prime Minister of India Smt Indira Gandhi. It is very clear from the ongoing system of our democracy that merits and demerits of the democracy are required to obtain from the system through good governance and accountability for which emergency had been imposed for the welfare of society and country however some officers and political persons misused the system of emergency imposed for the good governance and transparency in administration for which the government was willing to do the needful but the administrative authorities started wrong doing and forcible implementation of the schemes and programmes of the government, however such programmes are found justified in the ambit of welfare of country and law code manual prefixed by the Constitution of India. As for as the rule of democracy is concerned it is required to be implemented in the interest of good governance and accountability however still our government is imposing restriction on the RTI and RTS act adjudication as related to the personal information of the citizens and also as related to some of the security agencies like CBI not kept with in the ambit of the RTI and informations related to the several intelligence and security agencies have been exempted from the purview of the transparency law, which could not be justified under law code manual as all citizens of the country must do their duty honestly in the interest of good governance and accountability and every thing must be brought on the records of the public utility and welfare of the society and circle as laid in the section 4 of the RTI act adjudication. No agenda of national interest could be treated and considered as a hidden agenda of the government however CBI not kept with in the ambit of the RTI law , which is working for the good governance and accountability and there work and conduct must be brought on the record of the section 4 RTI act adjudication as dealing with the such cases where public interest lies and could not be declined on the request of the applicant to report such cases of the furnished informations. No doubt there may have some demerits in the emergency law code manual prefixed by the government in this behalf, however some merits too exists in the law of rules which had been enforced by the then Prime Minister of India to bring good governance and accountability in the administration and improve system for the transparency and charter of public accountability which is regularly going out of control, however necessary for the welfare of the people of the country.

STATE GOVERNMENTS ARE RESPONSIBLE TO FOLLOW VISION AND PROVISION MADE BY THE GOI AND MANDATORY FOR THE AMENDMENTS

The RTI act 2005 is a Central government publication ,on the basis of which the state governments are too responsible to follow the same and protect the fundamental rights of their Citizens list by way and virtue of which the state governments are empowered to look into the problems of the people and have some changes or amendments if found necessary under law code manual of the provision made by Act ibid however the required changes could not alter the basic concepts and fundamental of the original Act so issued by the government of India with the provision made and created for the welfare of society and circle . Recently the government of Haryana has issued an amendment vide it's notification dated April 12 - 2021 and amended the Haryana RTI rules which stipulate that an applicant seeking information under the RTI act publications is required to file his Application in format along with the ID, Aadhar ,pass port, voter card , pan card,and PPP  ID ,a state government- issued Identity Card. Such addition as well as alteration in the original order of the RTI act publication could not be justified under the provision made by the parliamentary democracy where in it is clearly mentioned that RTI application furnished under section 6 (2) allow the Applicant to conceal his identity and to seek information without giving any reason for which the Applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting the Applicants. Hence forth it is the fundamental duty of every state government to follow instructions of the Government of India and act accordingly in the interest of justice to people of country and the state demanding free and fair justice from the system of governance.

IT IS UP TO THE DECISION OF SIC OR CIC WHETHER TO PAY THE COMPENSATION OR TO IMPOSE PENALTY AGAINST THE DEFAULTERS

REGARDING COMPLAINT UNDER RTI AND MONITORING AND EVALUATION OF THE CASES BY SIC AND CIC THERE OF :--Complaints  under section 18 could be highlighted and brought to the notice of the SIC or CIC as the case may be.The reason of the complaint is necessary to expedite by the applicant,as the complaint before the SIC or CIC is furnished before the decision and conclusion by the study of impact assessment realised by the FAA in this behalf of the RTI act publications by way and virtue of which the delay in releasing the information could be brought to the notice of the SIC which is justified after 30 days of the submission of the RTI application .If more is the delay and dereliction of duty at the level of the Public information officer there is full justification of the complaint under section 18 of the RTI act publications As such appeal if filed before the SIC or CIC there could be no complaint against the PIO and the FAA and at the same time complaint could not be registered after decision of the case file by the FAA for which the objection if any might be highlighted before the SIC or CIC through the procedure prescribed as in the Appropriate appeal referred as in the section 19 (3) of the RTI act publications.The claim for compensation could be brought to the notice under complaint and it is up to the SIC or CIC to decide the compensation or to follow the penalty for delay @ Rs 250 per day however the applicant must justify his claim of compensation on the basis of caused harassment and the urgency demanded under law code manual of the RTI information delayed by the Public authorities in this behalf and if the delay is unnecessary enforced by the PIO and the FAA the harassment could not be ignored by the study of impact assessment realised by the competent authority to issue necessary compensation for the harassment caused and enforced by the department concerned or the public authorities , responsible to protect the fundamental rights of the RTI act publications in favor of the citizens of country . Ultimately justice is closely related with the human service and security as well as rights and no one could be deprived of his liberty and it is also necessary that victims might get justice by punishing the defaulters hence the cases of compensation are justified as no one could be harassed by way of the wrong interpretation and wrong doings of the manual prefixed in this behalf of the charter of public accountability and transparency in the administration required to remove the corruption from the society and circle