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Submissions by Shri Agrawal on 21.11.2014 and 07.01.2015

14. Shri Agrawal said that the political parties who legislated the right to information are themselves not respecting the law made by them, which has impacted adversely on the image of India's democracy. Shri Agrawal said that the absence of the respondents from the hearings was an "unprecedented situation", which was "...deeply motivated and hued in the colours of blatant defiance of the Commission's authority...", and that this "...was an advertent disrespect of the Commission, to impede the ability of the Commission to perform its statutory function..."

17. Prof. Chhokar further elaborated that:

* sections 18, 19 and 20, all part of the RTI Act's chapter V, must be read together as an integrated whole and be "interpreted and effectuated in conjunction with the statute in its entirety";

* there was the need to recognize adequately the growing public cynicism on account of non-compliance by the national political parties and their sidelining of the Commission's directives; and the detrimental effect of such an attitude on the state of democracy;

Compensation

46. Compensation is awarded under section 19(8)(b) of the RTI Act, which empowers the Commission to order a public authority to compensate the complainant for any loss or any other detriment suffered. How to approach the issue of compensation, keeping in view the variance in the submissions of the two complainants, Shri Agrawal and Prof. Chhokar. They differ on the nature and scope of compensation under the RTI Act and the quantum to be paid.

47. Prof. Chhokar stated that non compliance by the political parties has had a detrimental effect of serious proportions on the state of democracy in the country, generating cynicism and pessimism, while giving credibility to the premise that the respondents, bestowed by the people with political power and authority, are above the law. Prof. Chhokar said that such non- compliance will make citizens lose faith in the legal institutions and democratic values. In this light, Shri Chhokar sought compensation on behalf of "Indian democracy" and "society as a whole". Prof. Chhokar has prayed for award of compensation, equal to five percent of the average annual income as declared by the six parties in their income tax returns, to be paid into the Prime Minister's Relief Fund.

50. A question is whether compensation under the RTI Act can be claimed on behalf of a citizen for any loss or other detriment to democracy or society as a whole resulting from non-compliance of the Commission's order of 03.06.2013. Each instance of non-compliance by a public authority is detrimental to democracy, however, from a reading of section 19(8)(b), it is apparent that it is the complainant who has to be compensated. The RTI Act states that the public authority will "compensate the complainant for any loss or other detriment suffered".