UPSC 2020 Mains GS2 Model Answer -Recent amendments to the Right to Information Act will have a profound impact on the autonomy and independence of the Information Commission”. Discuss.
Q.2 Recent amendments to the Right to Information Act will have a profound impact on the autonomy and independence of the Information Commission”. Discuss
Model Answer:
Introduction
The Right to Information Act, 2005 has been a cornerstone of transparency and accountability in India's governance. However, recent amendments to this act, particularly those introduced in 2019, have sparked concerns about their potential to undermine the autonomy and independence of the Information Commission.
Body
Recent amendments in the RTI act
RTI ACT, 2005
RTI Amendment, 2019
Sections 13 of the Right to Information (RTI) Act, 2005 sets the term of the central Chief Information Commissioner and Information Commissioners at 5 years.
The RTI amendment bill 2019, amends it. Now the term will be prescribed by the Central Government.
Section 13 states 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 that of an Election Commissioner.
The amendment proposes that 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.
The original Act prescribes salaries, allowances and other terms of service of the state Chief Information Commissioner as the same as that of an Election Commissioner and the salaries and other terms of service of the State Information Commissioners as the same as that of the Chief Secretary to the State Government.
The amendment proposes that salaries, allowances and other terms of service shall be such as may be prescribed by the Central Government.
Impact of the amendments on the autonomy and independence of the commission
The reduction in tenure and the power given to the central government to prescribe the term could potentially impact the commissioners' ability to function independently, as shorter and variable terms might make them more susceptible to government influence.
By giving the central government the power to determine salaries and conditions of service, there's a potential risk of using these as leverage to influence the commissioners' decisions.
Unilateral power of the central government will lead to centralization of power, which is not conducive to the exercise of freedom of expression.
Conclusion
The 2nd ARC held that RTI is the master key to governance as it checks the misuse and arbitrariness of power and corrupt governance. Therefore, in the pursuit of good governance, the RTI Act requires strengthening of the provisions.
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