Key Highlights of Right to information Amendment Bill 2019

4 years ago India Asha

The main aim of the Right to Information Amendment Bill, 2019 is to rectify the confusion regarding the conditions of service and emoluments of the Chief Information Commissioner, Information Commissioner, and the State Chief Information Commissioner.

As per the Act of 2005 the salaries and allowances and other terms and conditions of service of the Chief Information Commissioner, Information Commissioner, and the State Chief Information Commissioner were equivalent to a Judge of the Supreme Court in terms of their salaries and allowances and other terms and conditions of service.  Clause 5 of Section 13 prescribed that salaries and allowances payable to and other terms and conditions of service of the Chief Information Commissioner shall be the same as that of the Chief Election Commissioner and an Information Commissioner shall be the same as that of an Election Commissioner.

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The Chief Information Commissioner, Information Commissioner, and the State Chief Information Commissioner are statutory bodies created under the Act of 2005. Whereas the Election Commission is a constitutional body established by clause (1) of Article 324 of the Constitution and is responsible for the superintendence, direction, and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under the Constitution. On the other hand, the Central Information Commission and State Information Commissions are statutory bodies established under the provisions of the Right to Information Act, 2005. Therefore, the mandate of the Election Commission of India and Central and State Information Commissions are different. Hence, their status and service conditions need to be rationalized accordingly. Hence these changes are brought in.

The proposed salary was not included in the amending bill. The Act states that the salaries and allowances payable to and other terms and conditions of service of the Chief Information Commissioner and the Information Commissioners shall be such as may be prescribed by the Central Government. But it is also assured under the Amendment Act that the salaries, allowances, and other conditions of service of the Chief Information Commissioner or the Information Commissioners shall not be varied to their disadvantage after their appointment.

The amending Bill has also brought changes in term of office for the Chief Information Commissioner and the Information Commissioners. Under the Act of 2005, it was for five years. The new term of office will be notified by the central government.







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