GS2 PYQ (Mains Answer Writing): RTI Act 2005 | Indian Polity for UPSC CSE PDF Download

Recent amendments to the Right to information Act will have profound impact on the autonomy and independence of the Information Commission. Discuss. (UPSC GS2 Mains)

The objective of the RTI Act is to establish a practical regime for citizens to access information held by Public Authorities. This in turn led to increased transparency and accountability at the Public Authorities. RTI since its enactment led to many stories of defacing corrupt practices.
But The Right to Information (Amendment) Act, 2019 has made amendment in the status, salary and tenure of the Central Information Commissioners (CICs) and State Information Commissioners. On the account of amendments made in the RTI Act, the civil society has raised concerns regarding accountability, autonomy and independence of the Information Commission. Issues with Amendments Done in the RTI Act 

• The amendment empowers the Central government to unilaterally decide the tenure, salary, allowances and other terms of service of Information Commissioners, both at the Centre and the States. – Due to this, civil society asserts that this amendment may affect the autonomy of the information commission and force it to function as a mere department of the Central government. 
• Also, the status of the Central Information Commissioners (CICs) has been brought on par with the Election Commissioners and the status of State Information Commissioners with the Chief Secretary in the States. – However, the amendment has neglected the recommendation of the parliamentary standing committee that the Information Commissioner and CIC were to be made on par with the Election Commissioner and the Chief Election Commission, respectively. 

What are the government’s stated grounds for bringing the amendments? 

• The statement of objects says “the mandate of Election Commission of India and Central and State Information Commissions are different. Hence, their status and service conditions need to be rationalised accordingly. CIC has been given the status of a Supreme Court Judge, but his judgments can be challenged in the High Courts. 
• Therefore, the amendments Have been brought to correct certain anomalies in the RTI Act. It does not dilute the Act in anyway and it was passed in a hurry in 2005. RTI Amendments would strengthen the overall RTI structure. 

Impact of Amendments Challenging Autonomy 

• In the form of the Right to Information (Amendment) Bill, 2019, they seek to amend Sections 13, 16, and 27 of the RTI Act which carefully links, and thereby equates, the status of the Central Information Commissioners (CICs) with the Election Commissioners and the State Information Commissioners with the Chief Secretary in the States, so that they can function in an independent and effective manner. 

Giving central overarching power 

• The deliberate dismantling of this architecture empowers the Central government to unilaterally decide the tenure, salary, allowances and other terms of service of Information Commissioners, both at the Centre and the States. 
• These amendments fundamentally weaken an important part of the RTI architecture. 
• They violate the constitutional principles of federalism, undermine the independence of Information Commissions, and thereby significantly dilute the widely used framework for transparency in India. 
• It was because of these reasons that MP Shashi Tharoor called this bill as an “RTI elimination Bill” that removes the organisation’s independence. Conclusion: The 2nd ARC held that RTI is the master key to governance. The RTI law has been a constant challenge to the misuse of power, a threat to arbitrariness, privilege, and corrupt governance. 
• These amendments may undermine the independence of Information Commissions and affect the transparency & accountability architecture in India. Therefore, in the pursuit of good governance, the RTI Act requires strengthening of the provisions rather weakening.

Topic covered - CIC, RTI 2005