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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Reshaped Transparency
The amendment altered the balance between executive power and the independence of Information Commissions.
The RTI Journey & 2019 RTI Amendment
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.
| 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.
|
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.
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.
- • 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.
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Test Your Understanding
7 carefully crafted questions covering the 2019 Amendment, original provisions, and governance implications.
Key Takeaways for Aspirants
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.
The “no disadvantage” clause and protection for pre-2019 appointees are important limitations on the government’s new powers. These are frequently tested.
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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