Subject: Indian Polity

The Right to Information (Amendment) Act, 2019 marks a significant shift in India's transparency framework, fundamentally altering the autonomy of Information Commissions which were established as independent oversight bodies under the landmark RTI Act, 2005.

Key Changes and Their Impact on Autonomy

• Central Government Control:

  • The amendments give the Union Government complete control over the tenure, salary, and service conditions of Information Commissioners at both central and state levels.
  • Removal of fixed 5-year tenure and salary parity with Election Commissioners has weakened institutional independence.

• Impact on Federal Structure:

  • State governments have lost their authority to determine the service conditions of State Information Commissioners.
  • This centralization contradicts the principle of cooperative federalism enshrined in the Constitution.

Challenges to Independence

• Financial Autonomy:

  • The removal of salary equivalence with Election Commissioners (earlier fixed at par with Supreme Court judges) undermines financial independence.
  • Variable pay scales may lead to hierarchical subordination and reduced authority.

• Operational Independence:

  • Uncertain tenure affects the commissioners' ability to make bold decisions against government bodies.
  • According to recent data, over 56% of RTI rejections in 2019-20 were based on personal information and security exemptions.

Constitutional and Legal Implications

• Judicial Oversight:

  • Information Commission decisions can only be challenged through judicial review under Articles 226 and 32.
  • The Supreme Court in Anjali Bhardwaj vs Union of India (2019) emphasized the need for timely appointments and independence.

• Democratic Values:

  • The amendments potentially compromise the principle of checks and balances.
  • Impact on transparency and accountability mechanisms affects citizen's fundamental right to information.

The recent amendments to the RTI Act have raised serious concerns about the autonomy of Information Commissions. The way forward lies in strengthening institutional safeguards through legislative reforms and ensuring the independence of oversight bodies like the Central Information Commission (CIC) and State Information Commissions (SICs) to uphold the democratic principles of transparency and accountability.