Major Amendments to the RTI Act, 2005

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Major Amendments to the RTI Act, 2005 | CrackTarget
CONSTITUTIONAL & ADMINISTRATIVE LAW

Major Amendments
to the RTI Act, 2005

Complete analysis of the RTI (Amendment) Act, 2019 — the most significant change to India’s transparency law since 2005. Essential reading for UPSC, BPSC, EPFO and DRDO SAO aspirants.

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ENACTED
15 June 2005
Came into force: 12 Oct 2005
MAJOR AMENDMENT
August 2019
RTI (Amendment) Act, 2019
SECTIONS AMENDED
13, 16 & 27
Term, Salary & Rule-making
CORE ISSUE
Independence
of Information Commissions
Major Amendments to the RTI Act 2005 - Transparency, Accountability and the 2019 RTI Amendment in Indian Governance
VISUAL INSIGHT
How the 2019 RTI Amendment
Reshaped Transparency

The amendment altered the balance between executive power and the independence of Information Commissions.

EVOLUTION OF TRANSPARENCY LAW

The RTI Journey & 2019 RTI Amendment

2005
RTI Act Enacted
15 June 2005 – President gave assent. Replaced the ineffective Freedom of Information Act, 2002. Came into full force on 12 October 2005.
Landmark for participatory democracy
2012
RTI Rules, 2012
Central Government notified detailed procedural rules for filing applications, appeals, and functioning of Information Commissions.
2017
RTI Rules Amended
Minor procedural refinements and clarifications issued by DoPT.
2019
RTI (Amendment) Act, 2019 MAJOR
The most significant legislative change since 2005. Amended Sections 13, 16 & 27 — fundamentally altering tenure and service conditions of Information Commissioners.
This is the primary focus of this study resource.
THE HEART OF THE MATTER

Major Amendments to the RTI Act 2005: The 2019 RTI Amendment Explained

The RTI (Amendment) Act, 2019 (Act No. 24 of 2019) fundamentally changed how the Central and State Information Commissions function. This Major Amendment to the RTI Act 2005 altered the statutory protections around tenure and remuneration of Information Commissioners.

Before vs After Comparison
Hover rows for details
Aspect RTI Act, 2005 (Original) RTI (Amendment) Act, 2019
Term of Office
(CIC & ICs – Central & State)
Fixed term of 5 years from the date of entering office or until attaining the age of 65 years, whichever is earlier.
“For such term as may be prescribed by the Central Government”.
• No longer a fixed statutory tenure
• Maximum cap of 5 years remains implicit
Salary & Allowances
• CIC: Equivalent to Chief Election Commissioner
• Information Commissioners: Equivalent to Election Commissioners
To be prescribed by the Central Government.
This was the most controversial change — removed parity with constitutional bodies.
Other Terms & Conditions of Service
Statutorily protected and linked to high constitutional offices to ensure independence and dignity of the office.
Now determined by rules made by the Central Government under the amended Section 27.
Key Safeguards Retained
—
Salaries & conditions cannot be varied to the disadvantage of serving Commissioners after appointment.
Commissioners appointed before 2019 continue under the old regime.
The amendment also inserted clauses (ca) and (cb) in Section 27(2) giving explicit rule-making power to the Central Government on term, salary and service conditions.
RTI Amendment Act 2019 impact - Major Amendments to the RTI Act 2005 and independence of Information Commissions
CRITICAL ANALYSIS

Why the RTI Amendment Act 2019 Matters for Governance

The amendment was passed amid significant opposition and concern from civil society, RTI activists, and former Information Commissioners.

CONCERN
Dilution of independence of Information Commissions
CONCERN
Executive control over tenure & pay may affect fearless adjudication
Legal & Constitutional Perspective

Information Commissions were deliberately given status and security on par with the Election Commission to insulate them from governmental pressure. By delinking salary from CEC/EC and making tenure variable at the pleasure of the executive (through rules), the amendment has been widely criticised for weakening the institutional autonomy that was central to the original design of the RTI framework.

Exam Perspective (UPSC / BPSC / EPFO)
  • • Tests understanding of statutory bodies vs constitutional bodies and the importance of independence in quasi-judicial institutions.
  • • Highlights the concept of delegated legislation and excessive delegation of legislative power.
  • • Relevant for questions on transparency, accountability, and good governance (GS-II).
  • • Can be linked with separation of powers and role of statutory regulators.
QUICK REVISION

Master These One-Liners

Click the हिं button on any card to instantly view the Hindi translation. All facts are exam-oriented and verified.

SELF-ASSESSMENT

Test Your Understanding

7 carefully crafted questions covering the 2019 Amendment, original provisions, and governance implications.

QUESTION 1 OF 7
0 / 7

Key Takeaways for Aspirants

Statutory Independence Matters

The original design linked tenure and salary to constitutional offices precisely to protect the Information Commission from executive influence. The 2019 amendment altered this balance.

Safeguards Still Exist

The “no disadvantage” clause and protection for pre-2019 appointees are important limitations on the government’s new powers. These are frequently tested.

High Exam Relevance

Expect questions on comparison of original vs amended provisions, implications for transparency, and the doctrine of excessive delegation in GS-II and state PSC mains.

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Further Reading (Official Sources)
These external resources complement your CrackTarget study material.
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