Right to Information (RTI) Act, 2005

Right to Information (RTI) Act, 2005

Q1. What changes were made in the RTI Act through the 2019 Amendment?

  1. Earlier (RTI Act, 2005):
    1. Central Level (CIC & IC):
      1. Tenure: 5 years or 65 years (whichever earlier)
      2. Salary: CIC (Chief Information Commissioner) = Chief Election Commissioner and IC (Information Commissioners) = Election Commissioner.
    2. State Level (SCIC & SIC):
      1. Tenure: 5 years or 65 years (whichever earlier)
      2. Salary: SCIC (State Chief Information Commissioner) = Election Commissioner and SIC (State Information Commissioners)= State Chief Secretary.
  2. After 2019 Amendment:
    1. Tenure (Central & State): To be prescribed by Central Government (or fixed at 3 years)
    2. Salary (Central & State): To be decided by Central Government
  3. Implication: Independence of CIC and IC reduced, as salary and tenure are now controlled by the Central Government.

Q2. What has been the performance of RTI from 2005–2025?

Positive Aspects Negative Aspects
1.       Citizen rights strengthened

2.       Transparency and accountability improved

3.       Reduction in corruption/scams (e.g., Commonwealth-related issues)

4.       Around 60 lakh RTI applications annually → high awareness

1.       Long waiting time for information

2.       Limited definition of information: Information is provided only in existing format, not in desired format

3.       Exemptions exist: Certain institutions (e.g., judiciary in many cases) are outside RTI scope

4.       Poor infrastructure

5.       Understaffing in information commissions

Q3. What is the status of the Central Information Commission (CIC) capacity and pendency?

  1. Sanctioned strength: 1 CIC + up to 10 ICs
  2. December 2016: Full strength (1 + 10)
  3. Dec 2016 – Nov 2025: Not at full strength
  4. December 2025: Again full panel restored (1 + 10)
  5. Pendency Status: Pending cases: ~30,000
    1. Unresolved complaints = 3,000+ and Second appeals = 27,000+ (major backlog)
    2. Even if no new cases arise, it will take at least 40 months to clear the pendency at the current pace.

Q4. What is the appointment process of CIC and IC?

  1. Selection Committee: Prime Minister + Leader of Opposition / Leader of single largest opposition party + Union Cabinet Minister (appointed by PM).
  2. The committee recommends names to the President, who appoints the CIC and ICs.

Q5. What recent judicial observations have been made regarding RTI?

  1. Madras High Court: Advocates cannot use RTI on behalf of clients
  2. Allahabad High Court: CIC’s penalty powers must be reasoned and follow fair inquiry

Q6. What observation has the CIC made regarding governance?

The Central Information Commission (CIC) stated that government bodies (e.g., MCD) should not adopt an evasive approach while responding to RTI queries.