Recent Amendments to the RTI Act
The Right to Information (RTI) Act, 2005 has empowered millions of Indian citizens to hold public authorities accountable. However, like all laws, the RTI Act has evolved over time through amendments. Some of these changes have sparked public debate over transparency and institutional independence.
In this blog, we explain the recent amendments to the RTI Act, why they were introduced, and what impact they may have on the common citizen.
Enacted in 2005, the RTI Act gives every citizen the right to:
Request information from public authorities.
Receive a response within a specific time period (usually 30 days).
Appeal against denial or delay in information.
A key feature of the Act is the autonomy of Information Commissions — both Central and State — which serve as watchdogs and appellate authorities.
The most significant recent amendment came in July 2019 when Parliament passed the RTI (Amendment) Bill, 2019. This bill made major structural changes, especially related to the tenure, salary, and service conditions of Information Commissioners.
What Changed in the 2019 Amendment?
1. Tenure of Information Commissioners
Before:
Chief Information Commissioner (CIC) and State Information Commissioners had a fixed tenure of 5 years or until the age of 65, whichever was earlier.
After the Amendment:
Tenure will now be determined by the Central Government — no fixed term is defined in the law.
2. Salaries and Service Conditions
Before:
CIC and State Information Commissioners had salaries and service conditions equivalent to the Chief Election Commissioner and Election Commissioners.
After the Amendment:
Salaries, allowances, and service conditions will be decided by the Central Government, not specified in the Act.
3. Equivalence with Other Constitutional Bodies Removed
The original RTI Act treated the CIC and State Commissioners on par with Constitutional authorities.
This equivalence has now been removed, raising concerns about their independence and authority.
The government claimed that:
The original RTI Act gave unelected officials (i.e., Information Commissioners) the same powers as constitutional bodies, which was inappropriate.
The amendment would bring uniformity and allow better administrative control over service conditions.
It was an "enabling legislation" to streamline the functioning of commissions.
Many civil society groups, RTI activists, and former officials opposed the 2019 amendment, stating that:
Institutional Independence is Undermined - Allowing the government to set salaries and tenures opens the door for political interference.
Weakened Accountability Mechanism - The commissions' role in checking corruption and delay in governance may be compromised.
Lack of Transparency in Amendments - Critics noted the absence of public consultation and speedy passage of the bill without detailed debate.
The amendments may not directly affect how a citizen files an RTI, but they impact the efficiency, impartiality, and effectiveness of Information Commissions, especially at the appeal stage.
If Commissioners are seen as being under government influence, faith in the appeal system may erode, and delays may worsen.
Aruna Roy, a prominent RTI activist, called the amendment an attempt to "cripple one of the strongest laws passed by any democracy."
Transparency International India warned that the changes could lead to a loss of public trust in the RTI framework.
TheThe RTI Act has been a beacon of transparency in India's democratic journey. While laws must evolve, it is crucial that changes do not weaken the very institutions designed to protect citizen rights.
Understanding these amendments helps citizens stay informed, alert, and ready to defend their right to information. Awareness is the first step toward accountability.
" The Right to Information (RTI) Act, 2005 has empowered millions of Indian citizens to hold public authorities accountable. However, like all laws, the RTI Act has evolved over time through amendments.
there are no comments yet on this blog.
Submit your comment in bellow form