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Right to Information (Amendment) Act, 2019

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India parliament
The primary change introduced by the Right to Information (Amendment) Act, 2019, is the replacement of fixed statutory terms and standardized service conditions for Information Commissioners with discretionary rules prescribed by the Central Government. Specifically, the amendment removes the provision guaranteeing a five-year term for the Chief Information Commissioner and Information Commissioners at both the central and state levels, instead allowing their tenure to be determined by government rules. Furthermore, it empowers the Central Government to prescribe their salaries, allowances, and other service conditions, rather than having them set by the statute. While the amendment includes safeguards that prevent these conditions from being worsened for incumbent commissioners after their appointment, critics argue that this shift from fixed terms to government-determined tenure and salaries fundamentally undermines the autonomy and independence of the information commissions, potentially leaving them vulnerable to executive influence.

THE RIGHT TO INFORMATION (AMENDMENT) ACT, 2019

NO. 24 OF 2019

[1st August, 2019.]

An Act further to amend the Right to Information Act, 2005.

BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—

1. Short title and commencement.
(1) This Act may be called the Right to Information (Amendment) Act, 2019.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. Amendment of section 13.
In section 13 of the Right to Information Act, 2005 (22 of 2005) (hereinafter referred to as the principal Act),—
(a) in sub-section (1), for the words “for a term of five years from the date on which he enters upon his office”, the words “for such term as may be prescribed by the Central Government” shall be substituted;
(b) in sub-section (2), for the words “for a term of five years from the date on which he enters upon his office”, the words “for such term as may be prescribed by the Central Government” shall be substituted;
(c) for sub-section (5), the following sub-section shall be substituted, namely:—
“(5) The salaries and allowances payable to, and other terms and conditions of service of, the Chief

Information Commissioner and the Information Commissioners shall be such as may be prescribed by the Central Government:
Provided that the salaries, allowances and other conditions of service of the Chief Information Commissioner or the Information Commissioners shall not be varied to their disadvantage after their appointment:
Provided further that the Chief Information Commissioner and the Information Commissioners appointed before the commencement of the Right to Information (Amendment) Act, 2019 shall continue to be governed by the provisions of this Act and the rules made thereunder as if the Right to Information (Amendment) Act, 2019 had not come into force.”.

3. Amendment of section 16.
In section 16 of the principal Act,—

(a) in sub-section (1), for the words “for a term of five years from the date on which he enters upon his office”, the words “for such term as may be prescribed by the Central Government” shall be substituted;
(b) in sub-section (2), for the words “for a term of five years from the date on which he enters upon his office”, the words “for such term as may be prescribed by the Central Government” shall be substituted;
(c) for sub-section (5), the following sub-section shall be substituted, namely:—
“(5) The salaries and allowances payable to, and other terms and conditions of service of, the State Chief Information Commissioner and the State Information Commissioners shall be such as may be prescribed by the Central Government:
Provided that the salaries, allowances and other conditions of service of the State Chief Information Commissioner and the State Information Commissioners shall not be varied to their disadvantage after their appointment:
Provided further that the State Chief Information Commissioner and the State Information Commissioners appointed before the commencement of the Right to Information (Amendment) Act, 2019 shall continue to be governed by the provisions of this Act and the rules made thereunder as if the Right to Information (Amendment) Act, 2019 had not come into force.”.

4. Amendment of section 27.
In section 27 of the principal Act, in sub-section (2), after clause (c), the following clauses shall be inserted, namely:—
“(ca) the term of office of the Chief Information Commissioner and Information Commissioners under sub-sections (1) and (2) of section 13 and the State Chief Information Commissioner and State Information Commissioners under sub-sections (1) and (2) of section 16;
(cb) the salaries, allowances and other terms and conditions of service of the Chief Information Commissioner and the Information Commissioners under sub-section (5) of section 13 and the State Chief Information Commissioner and the State Information Commissioners under sub-section (5) of section 16;”.

MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 1st August, 2019/Shravana 10, 1941 (Saka)

The following Act of Parliament received the assent of the President on the 1st August, 2019, and is hereby published for general information:—

DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.

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