Right to Information Act 2005 and the 2019 Amendment

Introduction

Right to Information Act 2005 is enacted on 15^th June 2005 and came into force on 12^th October 2005, and act as the replacement of “Freedom of Information Act,2002”. As per section 6 of the act any citizen of India may request information from public authority that can be a government body or instrument of state and they are obliged to reply within 30 days (section 7(1)).  

Right to Information Act 2005 is landmark piece of legislation helps in reshaping the power dynamic between the citizen and the state in India. This act actively codified a citizen’s rights to access information held by public authority’s, promoting transparency and accountability, and requires every public authority to computerize their record for wide dissemination and to proactively publish certain categories of information so that the citizens need minimum recourse to request information formally.

Importance of RTI can be ascertained from the fact that nearly 60 lakh applications are being filed every year.

Historical development

• Official Secrects act of 1923 restricts access to government information and emphasized confidentiality over accountability.
• After Independence, Article 19(1)(g) of Constitution of India ensure freedom of speech and expression and Article 21 ensure The Right to Life, The Supreme court interpreted freedom to include ‘Right to know’ as an integral part of free speech.
• Landmark case of State of U.P. v. Raj Narain 1975 states that “The people of this country have a right to know every public act, everything that is done in a public way, by their public functionaries.” This case laid the constitutional foundation for the future RTI law.
• In the case of S.P. Gupta v. union of India 1981 the court declared the right to know is implicit in Article 19(1)(g).
• In 1990’s grassroot movement began in Rajasthan by Mazdoor Kisan Shakti Sangathan to demand access to government record which create public pressure.
• The Press council of India, under justice P.B. Sawant drafted the bill ‘Freedom of Information Bill, 1996, which was introduced in parliament in 2000, passed but never implemented.
• In 2005 Right to Information Act 2005 was introduced in may 2005 and received president assent on 15^th June 2005 and came into force on 12^th October 2005.

2019 amendment

The 2019 amendment of the act seeks to amend the status, salary and tenure of the central information commission (CIC) and state information commission (SIC) (section 13,16 and 27).

• Term: – earlier the term of office of CIC and SIC was 5 years which is now removed and states that central government will notify the term of office.
• Quantum of salary would be also determined by the central government.
• The concept of deduction in salary was removed by this amendment.

Need: –

• Rectifying anomalies in the status of information commissioner.
• Central government to hold power and maintain uniformity between centre and state ICs.
• Streamline and institutionalize the act. Removal of unjustified parity.

Impact of Amendment

• Unclear rule making authority
• Lack of public consultation
• Undermining the appellate authority.
• ICs suffer severe backlog of appeals

Case law

Jairam Ramesh v. Union of India (Challenge to RTI Amendment Act, 2019)

Facts of the Case

The original Right to Information Act, 2005 (RTI Act) set fixed terms for the tenure and salary of the Central Information Commission (CIC) and state information commissions under Sections 13 and 16. The Amendment Act of 2019 changed that arrangement: the fixed five–year term and salary “on par with Election Commissioners / Chief Secretary” were removed, and instead the Central Government was empowered to notify the term of office, salaries, allowances and other terms & conditions for CICs and Information Commissioners (ICs).

Jairam Ramesh (MP) filed a PIL in the Supreme Court challenging the constitutional validity of the Amendment Act and the accompanying Rules (the “RTI Rules, 2019”), arguing that the changes undermine the independence and impartiality of Information Commissions, thereby defeating the object of the RTI Act.

Issues Raised

• Whether the Amendment Act 2019 and the Rules violate Articles 14 (equality), 19(1)(a) (freedom of speech & expression, as RTI is part of the transparency regime) and 21 (right to life and dignity) of the Constitution.
• Whether giving the Central Government the un-canalised power to determine tenure, salary and conditions of service of CICs/ICs undermines their institutional independence, which is essential for the RTI Act’s object of transparency and accountability.
• Whether there exists a rational nexus between the Amendment Act/Rules and the parent statute (RTI Act 2005) such that the changes are in aid of the object of the Act rather than subverting it.

Judgment / Current Status

• The Supreme Court is yet to decide on the constitutional validity of the RTI (Amendment) Act, 2019. But the 2019 Amendment and the subsequent Rules made by the Central Government remain in force.
• The Supreme Court issued a Notice to the Central Government in January 2020 (and subsequent years) on the PIL filed by Mr. Ramesh.The Court agreed to examine the serious constitutional issues raised regarding the independence of the Information Commissions.
• On November 3, 2022, the Supreme Court tagged a related appeal filed by Jairam Ramesh (SLP(C) No. 13103/2019) with a larger Constitutional Bench matter: Rojer Mathew v. South Indian Bank Limited.

 

Conclusion

 Right to Information Act 2005 is a powerful instrument of citizen empowerment. Establishment empower transparency between the governing bodies and common public as it operates as the medium between the government and the public, the 2019 amendment in the act helps in harmonizing status, flexibility in tenure, rationalizing pay scale, ensuring financial management.