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RTI Act amendment: Former information commissioners, activists criticise government move

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RTI-Act

[vc_row][vc_column][vc_column_text]A number of former information commissioners and RTI activists have come out strongly against the move by the central government to amend the Right to Information Act, 2005, saying it will reduce the law to “another toothless tiger”.

The move allows the government to fix the term of service of the information commissioners and their salaries.

The RTI Act, enacted in 2005, defined both the time of service and the status of information commissioners. It lays down that information commissioners — both state and central — will have a tenure of five years or till they attain the age of 65 years (whichever comes first). 

The salaries of the central information commissioners were kept equivalent to that of the chief election commission while those of state information commissioners equivalent to the chief secretary of the state.

The Right to Information (Amendment) Bill, 2019, which was introduced in the Lok Sabha on Friday, July 20, does away with both the tenure and salary structure of information commissioners and gives the central government carte blanche in deciding both.

Once appointed, information commissioners, by virtue of the fixed tenure, could not be removed by the Governor or the President except in cases of moral turpitude or insanity. RTI activists said by removing this clause, information commissioners will be left to the whims and fancies of the government.

The amendments are being viewed as implying that, in effect, the terms of appointment, salaries and tenures of the Chief Information Commissioners and Information Commissioners can be decided on a case-to-case basis by the government. 

The Opposition has argued that this will take away the independence of the RTI authorities. Congress Leader in Lok Sabha Adhir Ranjan Chowdhury said the Bill is a “threat to the independence” of the Central Information Commissioner, while Shashi Tharoor called it an “RTI elimination Bill” that removes the organisation’s independence. Members of the Trinamool Congress, DMK and AIMIM, too, protested. 

The government had tried to introduce the amendments last year too, but had to withdraw the Bill because of protests from the Opposition.

The Bill amends Sections 13 and 16 of the Right to Information (RTI) Act, 2005 which deal with the term and salaries of the Chief Information Commissioner and Information Commissioners at the centre and state level respectively. The Sections originally set their term at five years (or until the age of 65, whichever is earlier). The amendment proposes that the appointment will be “for such term as may be prescribed by the Central Government”. 

Again, the original Sections stated that salaries, allowances and other terms of service of “the Chief Information Commissioner shall be the same as that of the Chief Election Commissioner”, and those of an Information Commissioner “shall be the same as that of an Election Commissioner”. The amendment proposes that the salaries, allowances and other terms of service of the Chief Information Commissioner and the Information Commissioners “shall be such as may be prescribed by the Central Government”.

The statement of objects of the amendment Bill says “the mandate of Election Commission of India and Central and State Information Commissions are different. Hence, their status and service conditions need to be rationalised accordingly”. While introducing the Amendment Bill, Minister of State in the PMO Jitendra Singh said, “Probably, the then government of the day, in a hurry to pass the RTI Act, 2005, overlooked a lot of things. The Central Information Commissioner has been given the status of a Supreme Court judge but his judgments can be challenged in the High Courts. How can that exist? Besides, the RTI Act did not give the government rule-making powers. We are merely correcting these through the amendment.”

The Bill leading to the original Act had been discussed by the Parliamentary Committee on Personnel, Public Grievances, Law and Justice, which included then BJP members Ram Nath Kovind (now the President), Balavant Apte, and Ram Jethmalani. Originally, the salaries of the Chief Information Commissioners were proposed to be equivalent to those of Secretaries to the Government of India, and the salaries of the Information Commissioners were to be equivalent to those of Additional Secretaries or Joint Secretaries to the Union government. The Parliamentary Committee headed by E M S Natchiappan submitted its report in 2005 and said, “The Committee feels that… it will be desirable to confer on the Information Commissioner (the designation was later renamed CIC) and Deputy Information Commissioners (now ICs), status of the Chief Election Commissioner and the Election Commissioner, respectively. The Committee, accordingly, recommends insertion of a suitable provision in the clause to this effect.”

While introducing the Bill, the government had cited that as orders of the information commissioners are open for challenge in high courts, equivalence of the information commissioners to the judges of high court was not right.

RTI activist Vijay Kumbhar dismissed the arguments of the central government as weak. A report in The Indian Express quoted him as saying: “Back in 2018, the salary structures of 19 quasi judicial administrative commissions were brought on par with that of Supreme Court and High Court judges. Interestingly, salaries of the judges were hiked six months after that. Why were the information commissioners left out then?”

The orders of the various quasi judicial bodies, Kumbhar said, could be challenged in lower courts. “So, the government’s argument about the applicability of the salary structure of high courts to information commissioners does not stand,” he added.

RTI activists are planning to legally challenge the move.

Pune-based activist Qaneez Sukhrani slammed the move as another attempt by the government to control the RTI Act. “This first amendment will give the government further chance to amend the law,” she said.

Former CIC Shailesh Gandhi told The Hindu that the NDA government has offered no plausible reason as to why it is making these changes nor was there any pre-legislative consultation.

 “The proposed changes to the RTI Act were introduced in complete secrecy without any public disclosure and consultation on draft legislations. The implication is the Centre wants to control the CIC and downgrade the function of State information commissioners (SICs), and that appointments of information commissioners are to be henceforth dictated by political patronage,” Gandhi said.

He said if the amendments were effected, it would weaken democratic institutions as the RTI Act thus far has proved to be the strongest and most effective tool ordinary citizens possess to hold accountable the powers that be.

In a release rejecting the amendments introduced by the NDA government, the National Campaign for Peoples’ Right to Information (NCPRI) demanded that they be withdrawn with immediate effect. “The contents of the draft amendments were not known to MPs, citizens, and the media till the Bill was circulated to members of the Lok Sabha on the eve of its introduction. The Bill seeks to amend the RTI Act to empower the Centre to unilaterally decide the tenure, salary, allowances and other terms of service of information commissioners at the Centre and in the States. The NDA government has done so by wilfully misrepresenting an amendment to a basic feature of the law, as a function of rule-making,” the release said.

It further said the RTI Act provides for a fixed tenure of five years for information commissioners (subject to the age limit of 65 years). “The salaries, allowances, and other terms of service of the chief of the Central Information Commission are the same as that of the Chief Election Commissioner. This is part of the basic structure of the existing law and therefore any amendment to these provisions undermines the basic structure of the RTI.”

Accusing the Central government of usurping the power to decide the tenure, salaries and allowances of SICs, it said the move indicates “the current government’s centralised, and undemocratic decision making.”

The NCPRI accused the Centre of instead sidelining a “wide array of pressing issues” that require the urgent government attention to ensure effective implementation of the RTI Act. These include making time-bound and transparent appointments to fill vacancies in information commissions, addressing the issue of attacks on RTI activists, implementing the Whistle Blowers Protection Act, and addressing the lack of transparency in electoral funding.[/vc_column_text][/vc_column][/vc_row]

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Congress suspends 5 Haryana MLAs over cross-voting in Rajya Sabha polls

Congress suspends five Haryana MLAs for cross-voting in Rajya Sabha elections, citing serious indiscipline and anti-party activities.

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The Congress has suspended five of its MLAs in Haryana for cross-voting during the recent Rajya Sabha elections, taking disciplinary action over what it described as “anti-party activities”.

The move came after the state unit reviewed the conduct of certain legislators during the polls, where some were found to have voted against the party’s authorised candidate.

Five MLAs suspended after disciplinary process

According to party sources, the MLAs were issued show-cause notices seeking an explanation for their actions. After reviewing their responses, the Congress disciplinary committee recommended suspension.

The decision was approved by the party leadership, including Congress president Mallikarjun Kharge, and has been implemented with immediate effect.

Party calls it ‘grave indiscipline’

Haryana Congress chief Udai Bhan said the action was necessary to uphold party discipline, stressing that defying the official party line during elections weakens organisational unity.

He said the party takes such violations seriously and will continue to act against any form of indiscipline.

Leadership backs strict action

Senior Congress leader and Leader of Opposition Bhupinder Singh Hooda supported the decision, saying it was taken after due consideration.

He noted that while Rajya Sabha elections are conducted through an open ballot system, allowing legislators some flexibility, the party retains the authority to initiate internal disciplinary action in cases of deviation.

Background

The action follows cross-voting reported during the recent Rajya Sabha elections in Haryana, which led to internal concerns within the party. The development has highlighted organisational challenges and prompted the leadership to take corrective steps to reinforce discipline.

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Harivansh set to be elected Rajya Sabha Deputy Chairperson unopposed

Harivansh is set to be elected unopposed as Rajya Sabha Deputy Chairman after no opposition nominations were filed before the deadline.

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Former Rajya Sabha Deputy Chairman Harivansh is set to be re-elected to the same post unopposed in the election due to be held later today.
The date has been fixed by the Chairman under the relevant rules governing the conduct of business in the Upper House.
According to sources, the deadline for submitting motions for the election was 12 noon on April 16. A total of five notices were received within the stipulated time, all proposing Harivansh for the post.

Multiple nominations, single candidate
The motions were submitted by members across parties, including Jagat Prakash Nadda, Nitin Nabin, Nirmala Sitharaman, Sanjay Kumar Jha, and Jayant Chaudhary, each backed by seconding members.
All five motions explicitly state that Harivansh be chosen as the Deputy Chairman of the Rajya Sabha.

No opposition nomination filed

Notably, no motion was submitted by the Opposition before the deadline. This effectively clears the path for a unanimous election, as there is no contest for the position.
As per parliamentary procedure, motions will be taken up one by one. Once any one motion is adopted by the House, the remaining motions will not be put to vote.

Likely to be elected by voice vote
In line with established practice, the first motion — expected to be moved by Nadda — may be adopted through a voice vote. Following this, the Chairman will formally declare Harivansh as elected Deputy Chairman.
After the declaration, Harivansh will be escorted to the Chair by members from both the Treasury and Opposition benches, adhering to parliamentary convention.

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Amit Shah counters delimitation concerns, says southern states to gain Lok Sabha seats

Amit Shah assures Parliament that southern states will gain Lok Sabha seats after delimitation, countering opposition criticism during the women’s reservation debate.

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Amit Shah

Union Home Minister Amit Shah on Thursday addressed concerns over the proposed delimitation exercise, asserting in the Lok Sabha that southern states will not lose representation but instead see an increase in their number of seats.

His remarks came during a heated debate linked to the implementation of women’s reservation, where opposition parties have raised fears that population-based delimitation could reduce the political weight of southern states.

Shah rejected these claims, calling them misleading, and said the proposed framework ensures fairness while expanding the overall strength of the Lok Sabha.

Seat count to rise with expansion of Lok Sabha

The government has indicated that the total number of Lok Sabha seats could increase significantly as part of the delimitation process. In this expanded House, the combined representation of southern states is expected to rise from 129 seats at present to around 195 seats.

Shah emphasised that no state will lose seats in absolute terms, and the exercise is designed to reflect population changes while maintaining balance across regions.

State-wise projections shared in Parliament

During his address, Shah also provided indicative figures for individual southern states, suggesting notable increases in representation. According to the projections:

  • Tamil Nadu could see its seats rise substantially
  • Kerala, Telangana, and Andhra Pradesh are also expected to gain additional seats
  • Karnataka’s representation may increase as well

These figures were presented to counter the argument that delimitation would disproportionately favour northern states.

Political debate intensifies over linkage with women’s quota

The delimitation exercise has been closely linked to the rollout of women’s reservation, which proposes one-third seats for women in Parliament and state assemblies.

Opposition leaders have questioned this linkage, arguing that tying reservation to delimitation could delay its implementation and raise federal concerns. Some leaders have also warned that the move could impact national unity if apprehensions among states are not addressed.

The government, however, maintains that the reforms are necessary to ensure equitable representation and to align the electoral system with demographic realities.

Centre dismisses ‘false narrative’ on southern states

Shah reiterated that concerns about southern states losing influence are unfounded. He said the delimitation process will increase representation across regions and described the criticism as a “false narrative” aimed at creating confusion.

The issue is expected to remain a key flashpoint as Parliament continues discussions on the women’s reservation framework and related legislative changes.

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