The Right to Information (RTI) Act, 2005 is a cornerstone of transparent and accountable governance in India. The RTI (Amendment) Act, 2019 introduced changes to the service conditions of the CIC and ICs.
Amendments to the RTI Act, 2019
The tenure of the CIC and ICs (earlier fixed at 5 years) is now to be determined by the Central Government.
The salaries, allowances, and other service conditions of CICs and ICs are also subject to executive notification, replacing the earlier parity with Election Commissioners.
The status and equivalence of the CIC and ICs with constitutional authorities like the Election Commission have been removed.
Impact on Autonomy and Independence
Executive Control Over Tenure, undermines security of office and increasing executive dependence.
The original status equal to the Election Commission is withdrawn, reducing the Commission’s symbolic and functional autonomy.
Threat to Federal Autonomy- Centre’s control over State Information Commissions’ service conditions.
Chilling Effect on Decision-Making- Fear of punitive transfers or reduced tenure can deter bold and impartial rulings against powerful authorities.
Perceived loss of independence can erode citizens’ confidence in the Commission as a neutral watchdog.
Compromised autonomy weakens enforcement of the right to information, curbing transparency and accountability.
Other issues (Satark Nagrik Sangathan Report)
7 out of 29 Information Commissions were completely defunct between July 2023 and June 2024
In 2024, 9 Commissions were functioning without a Chief Information Commissioner
Rising Backlogs- Over 4 lakh appeals and complaints pending
High Rejection Rate- The CIC returned 42% of appeals/complaints received
Since 2005, only 9% of all Information Commissioners have been women
Way Forward
Establish a National Coordination Committee (NCC) to monitor RTI implementation and ensure uniformity across states.
Fill vacancies in Information Commissions promptly to prevent delays and backlogs.
Engage information management experts for proper classification, cataloguing, and storage of records.
Introduce a separate legal chapter to protect RTI applicants and activists from harassment and retaliation.
Sunlight is the best disinfectant. Thus, the autonomy of the Information Commissions must be safeguarded to strengthen Right to Information under Article 19.