SHILLONG: Despite the war of words between Meghalaya Deputy Chief Minister and Thma U Rangli-Juki (TUR), the Meghalaya Right to Public Services Bill 2020 was tabled in the Assembly recently, and subsequently approved.
Reviving their opposition to the new law, the TUR, in a statement on Sunday, maintained that “the Bill is full of legal loopholes and is designed to frustrate citizens in redressing their grievances”.
In a critique of the Bill, TUR reiterated that the law, which is supposed to bring transparency and accountability of the public authorities, was placed in the Assembly without any pre-legislative consultation, adding that “this lack of consultation is now apparent in the draft bill, which in its drafting is full of legal loopholes”.
Pointing out the problems of the law, TUR stated that the only certain services which the government notifies from time to time will come under this law. “Will Mining department come under this law or PWD’s payment of contractor’s bill? Or will the Planning department or the Tourism department looking after a rural tourism project? The law is intentionally silent about such questions,” it said.
TUR also pointed out that the law is silent about the nature of public service rights which the public authority has to share publicly.
“In other similar laws, which are in operation in states like Delhi, such citizens rights have to be put in the public domain as Citizen’s Charters. By omitting from the principal act, the overall framework under which such information about the Rights/Citizen’s Charter, the Bill is a law with minimal application and is open to executive misuse,” it stated.
TUR also pointed out that in its limited scope, the law is not serious in penalising the defaulting officer.
“Maximum penalty is Rs 5,000 for one offence and Rs 20,000 for multiple offences. In times where transport licences or mineral transportation challans can sell for much more than those amounts, the penalty will not deter corrupt officers and government staff from keeping citizens from getting their entitlements,” TUR reasoned, while adding that the fine would be imposed by a State Public Service Delivery Commission, an entity made up of people nominated by the chief minister and a minister of the government nominated by the CM himself.
TUR also pointed out that the Bill does not have a process by which citizens can suggest names to a search and selection committee. “Shockingly, it does not specify how the Commission members can be removed. It is a glaring drafting error. Even if a Commission member indulges in corruption or crimes of moral turpitude, there is no section or clause in the law which will allow that member to be removed,” it stated.
TUR further demanded that such an amendment should be properly discussed and put in the public domain so as to have a law to bring all public authorities under its purview.