← All questionsGS2 · 2020 · Polity ·RTI Amendment 2019 and Information Commission Autonomy
QUESTION 2
GS2
10 marks

“Recent amendments to the Right to Information Act will have profound impact on the autonomy and independence of the Information Commission”. Discuss.

WRITE IN
7 min
150 words

What the examiner wants

Discuss how the 2019 RTI amendment affects the independence of Information Commissions.

DiscussExplain the different sides of the issue, use evidence, and finish with a balanced view.

Demand-wise check

  1. 1Change: tenure, salary and terms of Central and State Information Commissioners now set by the Centre through rules (earlier fixed in the Act, on par with Election Commissioners)≈30 words
  2. 2Concerns: executive control, unequal terms, chilling effect, federalism (Centre setting state terms)≈30 words
  3. 3Government view: CIC is a statutory, not constitutional, body; anomaly corrected≈30 words
  4. 4Other issues: vacancies, pendency; DPDP Act's amendment to Section 8(1)(j)≈30 words

Open in about 20 words and close in about 20.

Answer plan

What changedArguments of criticsGovernment's viewWider concernsConclusion

Where marks usually go

  • Not stating exactly what the amendment changed
  • One-sided argument

Draw this

  • Before/after table: tenure, salary, who decides

Value addition

  • RuleRTI Rules, 2019 fixed a three-year term for Information Commissioners (earlier five years under the Act).RTI Rules, 2019
  • CaseAnjali Bhardwaj v Union of India (2019): the Supreme Court ordered timely appointments to Information Commissions due to vacancies and pendency.Supreme Court, 2019

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