Context
The Supreme Court criticised the Centre for failing to file a response to a plea on the constitutional validity of the Right to Information (Amendment) Act 2019 which gives power to the government to prescribe tenure, allowances and salary of information commissioners.
What are the amendments in 2019 Act?
- The RTI (Amendment) Act, 2019 removed the section related to-
- tenure
- terms of service and salaries of the Chief Information Commissioner (CIC) and Information Commissioners (ICs) at the central and state levels
- It gave powers to the central government to prescribe the salaries, allowances, and terms and conditions of service of the central information commissioners that in the pre-amended Act was fixed to be on par with election commissioners.
Background
- In July 2019, the Parliament had passed the Right to Information (Amendment) Bill 2019, to change the fixed tenure of the information commissioners, and make their pay and service conditions subject to the executive rules to be made by the government.
- In January 2020, the top court had sought the Centre's response on a plea, which said that the RTI (Amendment) Act, 2019, and the RTI (Term of Office, Salaries, Allowances and Other Terms and Conditions of Service) Rules, 2019 "collectively violate" the fundamental right to information of all citizens, which is guaranteed under the Constitution.
Arguments supporting the amendment
- Central Information Commissioner is a statutory post being defined under Right to Information Act,2005 hence its salary should not be equivalent to Chief Election Commissioner which is constitutional post
Arguments against the amendment
- CIC is a quasi judicial body like tribunals and hence its tenure and salary at the whims and fancies of Executive will distort the system of checks and balances because earlier salaries and tenure were defined in the act itself which can only be changed by passing an amendment bill in the Parliament now these conditions can be changed anytime by the concerned Ministry.
