Q. “Recent amendments to the Right to Information Act will have profound impact on the autonomy and independence of the Information Commission”. Discuss. (150 words, 10 marks)
Why the Question?
UPSC PYQ – CSE Mains – 2020
Keywords of the Question
- Amendments
- Right to Information Act
- Autonomy and independence
- Information Commission
Directive Word
Discuss – Essentially this is a written debate where you are using your skill at reasoning, backed up by carefully selected evidence to make a case for and against an argument, or point out the advantages and disadvantages of a given context. Remember to arrive at a conclusion
How to approach this Question?
Introduction
- Briefly explain the RTI Act: Mention that the Right to Information (RTI) Act, enacted in 2005, aims to promote transparency and accountability in government functioning.
- Role of the Information Commission: Highlight the role of the Information Commission in adjudicating complaints and appeals under the RTI Act.
Body
- Amendments Overview: Summarize the recent amendments, focusing on changes to the tenure, salary, and terms of service for Information Commissioners.
- Impact on Autonomy:
- Tenure and Salary Control: Explain how government control over tenure and salaries can undermine the independence of the Information Commission.
- Potential for Government Influence: Discuss the risk of increased government influence over the Information Commission’s decisions.
- Erosion of Trust: Mention how these changes could erode public trust in the Information Commission, affecting its effectiveness.
- Appointment and Removal Process: Mention how amendments indirectly affect the process even there is no amendments.
Conclusion
- Need for Fair Implementation: Emphasize the importance of fair and transparent implementation of the amendments to maintain the autonomy and independence of the Information Commission.
- Upholding RTI Spirit: Conclude by stressing the need to uphold the spirit of the RTI Act to ensure continued transparency and accountability in governance.
Note: Please note that the following ‘answers’ are not ‘model answers’ nor are they synopses in the strictest sense. Instead, they are content designed to meet the demands of the question while providing comprehensive coverage of the topic.
Answer Key
Introduction
The Right to Information (RTI) Act, 2005, is a significant legislation aimed at promoting transparency and accountability in governance. The Information Commission is crucial in adjudicating RTI appeals and complaints, ensuring citizens’ right to information.
Body
- Amendments Overview:
- The RTI Act originally specified fixed tenure (5 years) and salaries for Information Commissioners, ensuring their independence from government influence.
- The recent amendments grant the central government the power to determine the tenure, salaries, and terms of service for Information Commissioners.
- Impact on Autonomy:
- Tenure and Salary Control:
- Fixed tenure and salaries provided security and independence.
- Government control over tenure and salaries can lead to potential pressure on Commissioners to align with government interests.
- Potential for Government Influence:
- Commissioners had a fixed term, reducing the risk of government influence.
- With the government setting terms, there is a risk of increased influence over the Commission’s decisions, potentially compromising its impartiality.
- Erosion of Trust:
- Fixed terms and salaries helped maintain public trust in the Commission’s independence.
- Changes could erode public trust, as citizens may perceive the Commission as less independent and more susceptible to government interference.
- Appointment and Removal Process:
- Appointment: While the committee structure remains, the increased control over terms and conditions by the central government could indirectly influence appointments.
- Removal: The amendments do not directly change the removal process, but the increased control over tenure and salaries could indirectly affect the independence of Commissioners.
- Tenure and Salary Control:
Conclusion
To maintain the autonomy and independence of the Information Commission, it is crucial to implement these amendments fairly and transparently. Upholding the spirit of the RTI Act is essential to ensure continued transparency and accountability in governance. Ensuring a balanced and transparent appointment and removal process is key to preserving the Commission’s independence.