Q.“Recent amendments to the Right To Information Act will have a profound impact on the autonomy and independence of the Information Commission”.

Syllabus Point

• Indian Constitution — Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure.

Approach

• Introduction (30-40 words): Provide a brief overview of the RTI Act and the recent amendments introduced in 2019.

• Body (80-90 words): Analyze the key changes, their impact on the autonomy of the commission, and the arguments surrounding these amendments.

• Conclusion (20 words): Summarize the balance between administrative efficiency and institutional independence.

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Model Answer

Introduction

The fundamental objective of the Right to Information (RTI) Act is to empower citizens, promote transparency, and establish accountability within the government, thereby curbing corruption and strengthening democratic governance.

Key Amendments to the RTI Act (2019)

• Alteration of Status and Tenure: The Right to Information (Amendment) Act, 2019 changed the status, salary, and tenure of the Central Information Commissioners (CICs) and State Information Commissioners (SICs).

• Removal of Parity: In the original Act, the salaries and terms of service of the Central CIC were equated with those of an Election Commissioner, while the State ICs were equated with the Chief Secretary of the State Government.

• Executive Discretion: The amendment mandates that these conditions "shall be such as may be prescribed by the Central Government," vesting the power to decide salaries, terms, and service conditions directly with the Centre.

Impact on Autonomy and Independence

• Erosion of Independence: Diminishing the statutory protection and high status of Information Commissioners compromises their ability to act as independent watchdogs.

• Weakening Separation of Powers: Since the primary role of the Information Commission is to question executive actions, placing its control under the executive weakens the separation of powers.

• Threat to Federalism: The Centre's power to determine the service conditions of State Information Commissioners undermines the autonomy of State-level commissions.

• Secrecy over Transparency: Executive control over the enforcers of transparency may lead to hesitation in making disclosures that are inconvenient to the government.

• Lack of Public Consultation: The National Campaign for People's Right to Information (NCPRI) pointed out that passing the amendment without public consultation goes against the spirit of transparency itself.

Arguments in Favor of the Amendments

• Correcting Equivalence Anomaly: The government argued that equating the statutory RTI bodies with constitutional bodies like the Election Commission of India was an anomaly that needed correction, as their roles differ significantly.

• Administrative Streamlining: The government maintained that the change is a minor rule-making mechanism rather than a dilution of the RTI Act.

Conclusion

As the 2nd Administrative Reforms Commission (ARC) noted, the RTI is the master key to governance, checking the arbitrary use of power. Therefore, to ensure robust governance, the provisions of the RTI Act must be strengthened rather than weakened.