Amended RTI Act: What is at stake?

The Right to Information Act (RTI) was finally amended on 25 July, 2019 when the upper house gave its assent, when proposed amendments escaped scrutiny and focused discussion after 117 MP's voted against referring them to a select committee and 75 voting for it.

The RTI was enacted in June 2005 and it came into force in October the same year after the signature of the then President A P J Abdul Kalam replacing the Freedom of Information Act, 2002. The RTI Act was hailed across the country as a major landmark in the country’s march towards strengthening of democracy as it empowered every citizen to seek information regarding the government and its officials barring a few exceptions considered necessary and sensitive to the national security.

While the government bodies were brought under the ambit of the Act, even privatised public utility companies, and NGOs that receive 95% of their infrastructure funds from the government were under its ambit. The objective of the historical legislation was to ensure transparency, probity, and accountability in the governance of the country that was suffering from inefficiency and corruption. This Act was legislated and finally enacted with the objective of consolidating the fundamental right in the country’s constitution ‘Freedom of Speech’.

Under the provisions of the Act, any citizen of India was empowered to request information from a public authority that is required to reply expeditiously or within 30 days. Success of the RTI can be judged by the fact that almost 5000 daily applications were filed, In the first 10 years of the enactment of the law, around 17,500, 000 applications were filed of which one fourth were requests to the Centre.

Success of the RTI can be judged by the fact that almost 5000 daily applications were filed, In the first 10 years of the enactment of the law, around 17,500, 000 applications were filed of which one fourth were requests to the Centre.

The Act had been working fairly well since its inception till the coming of the BJP led NDA government of Prime Minister Narendra Modi when one witnessed a fall in the number of applications. A 6% fall between 2015-16 and 2016-17 was reported in the RTI applications filed with the 1950 public authorities of the Central government which was receiving maximum information applications followed by states of Maharashtra and Karnataka.

Notwithstanding the fall in the rate of application, the Act was used extensively by the BJP to expose the Congress-led UPA government for its various acts of commission and omission that included scams and scandals.

With its record of its appeal and widespread usage, a legitimate question arises: why is the Modi government 2.0 so keen to amend the RTI Act and to what goal? In order to arrive at an unbiased conclusion, it is more than imperative to look at changes that have been made thorough amendments.

The amended Act has changed sections 13 and 16 of the RTI Act, 2005. Section 13 of the original Act sets the term of Central Chief Information Commissioner and Information Commissioners at five years (or until the age of 65, whichever is earlier). It has been replaced now with “for such term” as may be prescribed by the Central government.

Again, Section 13 says that salaries, allowances and other terms of service of the “Chief Information Commissioner shall be the same as that of the Chief Election Commissioner”, and those of an Information Commissioner “shall be the same as of the Election Commissioner”. Through amendment now, the salaries, allowances and other terms of service of the Chief Information Commissioner and the Information Commissioners “shall be such as may be prescribed by the Central Government”.

By controlling the tenure and acquiring the authority to fix salaries, allowances and other terms of service, the Government has radically altered the character of the Information Commissions.

Almost identical changes through amending Section 16 of the original Act have been brought to Chief Information Commissioner and Information Commissioners of states. While the salaries, allowances and others terms of service now “shall be such as prescribed by the Central Government”, now even State Chief Information Commissioner and Information Commission would be chosen by the Centre. Earlier as per the original Act, State Chief Information Commissioner and Information Commissioner were picked up by a three-member panel consisting of the Chief Minister (CM), state’s leader of the opposition or leader of the largest opposition party in the state assembly and a state cabinet minister nominated by the CM.

The Modi government has defended the changes saying that Information Commissions are statutory bodies and therefore it has the right to make rules. By controlling the tenure and acquiring the authority to fix salaries, allowances and other terms of service, the Government has radically altered the character of the Information Commissions.

At the same time, the Central government has also disempowered states by acquiring the right to appoint their Chief Information Commissioner and Information Commissioner that is clearly against the principles of cooperative federalism about which the BJP leaders including Prime Minister Narendra Modi spoke about eloquently.

Through the amended RTI Act, not only the central Chief Information Commissioner along with Information Commissioners would be at the mercy and pleasure of the Central government but even the state Chief Information Commissioner and respective Information Commissioners would have the same fate.

It is a well-established rule of governance that the fixity of tenure and insulation from changes in salaries and allowances contribute heavily to the impartiality and helps in decision making without fear or favour.

Like wrecking and undermining of other institutions like the Election Commission, the RTI too has disempowered common person while empowering the Central Government.

Amendments adopted with haste and without much scrutiny and discussion have diluted the RTI Act and reduced transparency in public dealing. At the same time, the amended Act has hit at citizens’ rights and have strengthened hands of the government of the day. Officials, now, are going to be reluctant to give information about the ruling dispensation.

Like wrecking and undermining of other institutions like the Election Commission, the RTI Amendment too,  has disempowered common person while empowering the Central Government.

• Law and Justice
• India
• BJP
• Chief Information Commissioner
• RTI Amendment
• The Right to Information Act

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