The basic flaw in the RTI Act is that the Commissioners are former bureaucrats who have little or no judicial training, and hence are not fit to decide matters under the RTI Act. This is evident in several decisions of the various Information Commissioners both at the Centre and at State levels. Just as the head of the Consumer Forum is a district level judge and the Lok Ayukta is a retired High Court judge, at least the Chief Information Commissioner of both Centre and State ought to be a sitting or retired judge. The second problem is that First Appellate Authorities routinely uphold illegal refusals to provide information by the PIOs. By the time the Second Appeal is decided, a long time goes by in which time the matter may well become infructuous, as presumably the Applicant seeks the information for some important instant purpose. Penalties must be levied stringently against all errant PIOs, FAAs and even when warranted against the ICs.
