UPSC Previous Year Question | Mains GS2 | 2020

Recent amendments to the Right to Information Act will have profound impact on the autonomy and independence of the Information Commission. Discuss. (Answer in 150 words)

Answer

Introduction

The Right to Information Act, 2005 created independent Information Commissions to enforce citizens’ fundamental right to know and promote accountable governance.

Amendments And Concerns

The 2019 amendment removed the statutory guarantee of fixed five-year tenure and salary parity with constitutional authorities for the Chief Information Commissioner and Information Commissioners. Their tenure, salaries and service conditions were left to rules framed by the Central Government.

Impact On Independence

  • Executive influence: Control over tenure and remuneration may make commissioners cautious in deciding sensitive cases.
  • Status dilution: Reduced equivalence with constitutional authorities can weaken institutional authority.
  • Federal concern: Central rule-making over State Information Commissions may undermine cooperative federalism.
  • Vacancies: Delayed appointments and inadequate staffing already impair access to information.

Balanced Assessment

The government argues that flexible service conditions enable rational harmonisation and do not alter statutory powers. Nevertheless, functional independence requires security of tenure, transparent appointments, financial autonomy and timely publication of decisions. Parliamentary oversight and independent selection committees can reduce executive dominance.

Keywords

RTI Act 2005; 2019 amendment; Information Commissions; autonomy; tenure; transparency; accountability.

Topics: indian polity, information commission, right to information, transparency