‘Unleash whistle blowers to spruce up governance’

NEW DELHI: The second administrative reforms commission, headed by Veerappa Moily, has recommended the introduction of the whistle blowers’ concept in government departments through a legislation to protect honest officials.

The commission, which has sought the abolishment of the Official Secrets Act (with exceptions for armed forces), says the system of whistle blowers will go a long way in implementing the right to information, and for a transparent administrative system and good governance.

Addressing a press conference here after the commission submitted its first report titled ‘Right To Information, Master Key to Good Governance’ to the Prime Minister, Mr Moily said the country and the administrative system should prepare to change its mindset from secrecy to transparency.

Observing that the Right to Information Act did not cover the aspect of public interest disclosure, the Commission said it was recognised in many democracies that an honest and conscientious public servant, privy to information relating to gross corruption, abuse of authority or grave injustice, should be encouraged to disclose it in public interest without fear of retribution.

“Therefore, confidentiality of the whistle blower and protection from harassment by superiors should be integral to the transparency regime,” the 140-page report said.

It said the Commission “fully endorses” the recommendation of the 179th report of the Law Commission, which favoured enactment of Public Interest Disclosure (Protection) Law to protect whistle blowers.

While strongly recommending scrapping of the Official Secrets Act, the Commission also favoured classification of documents as “top secret” or “secret” for a period not exceeding 30 years in a bid to bring in more transparency in governance.
The Moily panel also recommended that those who control the wheels of power, including ministers, should do away with the system of taking the oath of secrecy and should take the ‘oath of transparency’ instead.

He said the central information services, the implementing agency of the Right to Information Act, should have a 50% reservation from the non-civilian background. The selection committee of the agency may include the Prime Minister, the Chief Justice of the Supreme Court and the leader of the Opposition.

At the state level, the chief minister, chief justice of the high court and the leader of the Opposition may be included.

The commission said suo motu disclosures should also be available in the form of printed, priced publication in the official language, revised at least once a year. Offices maintaining public records should be set up as an independent authority in the Government of India and all states within six months.

This should be done by integrating and restructuring the multiple agencies currently involved in record keeping. This office will be a repository of technical and professional expertise in management of public records.

As a one-time measure, the Government of India should earmark 1% of the funds of all flagship programmes for a period of five years for updating records, improving infrastructure, creating manuals and establishing the public record offices. Of this, an amount not exceeding 25%, should be utilised to generate awareness.

Also, the Government of India may create a Land Records Modernisation Fund to survey and update land records. The quantum of assistance for each state would be based on an assessment of the field situation.

The commission said all ministries, departments, agencies and offices with more than one person of Indian origin (PIO) have to designate a nodal assistant public information officer with the authority to receive requests for information on behalf of all PIOs.