‘Recent amendments to the Right to Information Act will have a profound impact on the autonomy and independence of the Information Commission.’ Discuss.

Recently, some of the sections of RTI like section 13, 16, 27 has been amended, which has the potential to impact the autonomy of the Information commission.

Amendments done:

1. Term of Information Commissioners: The amendment states that the central government will notify the term of office for the CIC and the ICs.

2. Determination of salary: The amendment seeks an amendment to state that the salaries, allowances, and other terms and conditions of service of the central and state CIC and ICs will be determined by the central government. 

3. Deductions in salary: The Act states that at the time of the appointment of the CIC and ICs (at the central and state level), if they are receiving pension or any other retirement benefits for previous government service, their salaries will be reduced by an amount equal to the pension.

Impact of such amendment on Autonomy and Independence of the Information Commission:

1. Dismantling of Transparency architecture.
2. It has been criticised as an RTI elimination bill.
3. It shifts loyalty to the government from the public.
4. The CIC and IC deal with huge vested interest especially in senior bureaucracy, thus the amendment will impinge the working of commission.
5. Doctrine of checks and balances will be impacted.

It is a high time to understand that RTI is enacted not only to subserve but also to ensure freedom of speech, thus implement the recommendation of 2nd ARC - Setting the selection committee comprising of PM, LoP, CJI for the appointment of CIC, rather than destroy the independence of the commission.