Saying that the functions of Election Commission and the Information Commissions are totally different, the Union government has proposed an amendment to the RTI Act, which is listed in the coming Monsoon session of Parliament. The government has proposed changes to three sections of the RTI Act, which are related to ranks, salaries, allowances and tenure of the Chief Information Commissioners and Information Commissioners of the Centre and states. The proposed amendments say that the tenure, rank and perks of Central and State Chief Information Commissioners and Information Commissioners will be decided by the central government. The proposal is to amend Sections 13, 16 and 27. While Section 13(1) and Section 13(2) are related to tenure of Chief Information Commissioner and Central Information Commissioners and say that it will be five years or up to the age of 65, the proposed bill says that their tenure will be “for such term as may be prescribed by the Central Government”. Section 13(5) says that “The 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; an Information Commissioner shall be the same as that of an Election Commissioner”. The proposed legislation says their salary “shall be such as may be prescribed by Central Government.” Section 27 is related to their salaries. The proposed amendment to Section 16 states that tenure of Chief Information Commissioners and Information Commissioners of states as well will be “for such term as may be prescribed by Central government”. And their salaries and allowances will also be “such as may be prescribed by the Central Government”. Stating “objects and reasons” for these amendments, the government has said that, “The functions being carried out by Election Commission of India and the Central; and State Information Commissions are totally different. Hence their status and service conditions need to be rationalised accordingly.” RTI activists have criticised the move. Anjali Bhardwaj of National Campaign for People’s Right to Information (NCPRI) said in a press release, “This will fundamentally weaken the institution of the commissions as it will adversely impact their ability to function in an independent manner. The status conferred on commissioners under the RTI Act is to empower them to carry out their functions autonomously and require even the highest offices to comply with the provisions of the law.” The activists also said the Centre seeking the power to decide the tenure, salaries and allowances of information commissioners of State Information Commissions raises key issues of federalism. Venkatesh Naik of Commonwealth Human Rights Initiative told The Indian Express, “Such amendment proposals defeat the very purpose of installing autonomous bodies that judge the correctness of governmental action in denying access to information.”
