UPSC Mains Answer: “Recent amendments to the Right to Information Act will have profound impact on the autonomy and independence of the Information Commission”. Discuss.

Difficulty Level: Medium

Pre-requisite: Foundational understanding of the Right to Information Act, 2005, including its objectives, key provisions (e.g., Section 12-16 on the constitution and powers of the Information Commission), and its role in promoting transparency and accountability in gov

Sub-category: Governance, Constitution, and Polity (Post-Independence Consolidation)

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The Right to Information (RTI) Act, 2005, was a landmark legislation empowering citizens to demand transparency and accountability from public authorities. However, the recent amendments introduced in 2019 have raised concerns about the erosion of the autonomy and independence of the Information Commission, a critical institution under the Act.
The amendments grant the central government the power to determine the tenure, salaries, and service conditions of Information Commissioners, both at the Central and State levels. Previously, these were fixed by the RTI Act itself, ensuring independence from executive interference. This shift centralizes authority, potentially subjecting Commissioners to political pressure and undermining their impartiality. Additionally, the removal of equivalence with Election Commissioners in terms of status and salary further diminishes the Commission’s stature, weakening its ability to function as an effective oversight body.
Historically, institutions like the Election Commission and the Judiciary have thrived due to their autonomy. The RTI Act’s original framework mirrored this principle. The amendments, however, risk transforming the Information Commission into a pliable entity, compromising its role as a guardian of transparency. To safeguard democratic values, it is imperative to restore the Commission’s independence, ensuring it remains a robust tool for citizen empowerment and accountability.