Central Information Commission can’t comment on utilisation of MPLADS funds by legislators: Delhi HC

The high court made the observations while hearing a plea filed by the Ministry of Statistics and Programme Implementation challenging an order of the CIC passed in relation to an RTI application.

One Ram Gopa Dixit had filed an RTI application with the Lok Sabha’s central public information officer seeking information on the “work initiated, pending and completed” by Rajesh Diwakar when he was the Hathras MP. Dixit had also sought information on the name of the agencies involved in the construction/initiation/completion of various public welfare projects in the Hathras constituency along with “details of MPLADS fund utilization and status of works recommended and executed in North Eastern Railway such as Road/Railway Station, etc”.

As he was dissatisfied with the reply he had received, Dixit appealed against it and subsequently filed a second appeal before the CIC.

The CIC in its October 16, 2018, order said, “The Commission noticed that some MPs are not spending their MPLADS amounts in the earlier years of their term, but deliberately accumulating the funds for last year, preferably before general elections to gain advantage improperly. The representatives could not say anything on this issue.

The MPLADS is criticized for creating this kind of undue advantage to MPs vis-a-vis the contestants in the next election. If this is perpetuated there is a possibility of questioning it as unconstitutional. The Commission recommends the Ministry of Statistics and Program Implementation to prevent this kind of ‘abuse’ of MPLADS funds, and implement their guidelines to distribute the money equally in each year…”

The high court said that as per section 18 of the RTI Act, the CIC can “only deal with issues relating to the information sought for under the RTI Act or any other issue which leads to dissipation of information as sought for by the applicant”.

The court said the CIC has “no jurisdiction to comment adversely” on the “functioning” of any public authority. It further said the CIC had commented on the utilisation of MPLADS funds receivable by various members of Parliament.

The court also said the observations in the CIC order on how the MPs are utilising the MPLADS funds “have to be expunged”. It went on to expunge two paragraphs where the CIC made observations regarding “utilization of MPLADS funds and the abuse of MPLADS funds”.

“However, the portion whereby the Ld. CIC has directed the public authority under Section 19(8)(a)(iii) of RTI Act to publish MP-wise, constituency-wise and work-wise details of the funds is retained,” the high court said while disposing of the plea.