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SECRET

No.1/I /2017-JR

Government of India

Ministry of Personnel, P.G & Pensions

Department of Personnel and Training

Copy No.

North Block, New Delhi-110001

Dated theJuly, 2019

NOTE FOR THE CABINET

Subject: Amendment of the Right to Information (RTI) Act - Introduction of a

Bill in the Parliament - proposal regarding.

1. INTRODUCTION

1.1The present note seeks the approval of the Cabinet for the

introduction of a Bill titled "The Right to Information (Amendment) Bil, 2019" in Parliament for making amendments to sections 13(1), 13(2), 13(5), sections

16(1), 16(2), 16(5) and section 27 of RTJ Act, 2005, relating to the salaries &

allowances and other term of office& conditions of service of Chief Information Commissioner (010) / Information Commissioners (lOs) in Central Information Commission (CIC)and State Chief Information Commissioner (SCIC) I State Information Commissioners (SICs)in State information Commissions. The proposals in the note are made with a view to bringing in uniformity I parity in conditions-of services in various Statutory Organizations I Commissions.

2. BACKGROUND

2.1The RTI Act received the assent of the President on the 15th June, 2005

and it was notified on 21st June 2005 (No. 22 of 2005) and came into force w.e.f

12th October2005 (Annexure I) (Pages 14 to 36). It is an Act to provide for

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Government of India

Ministry of Personnel, P.G & Pensions

Department of Personnel and Training

setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities. This is done, in order to promote transparency and accountability in the working of public authorities as well as in the process of the constitution of a Central Information Commission- and State Information Commissions and for matters connected therewith or incidental thereto.

2.2The term of office of Chief Information Commissioner and Information

Commissioners in the Central Information Commission are governed by sectionsl3(1) and 13(2) respectively. As per the present provisions, the term of office of Chief Information Commissioner and Information Commissioners inthe Central Information Commission is restricted to 5 years or 65 years of age, whichever is earlier. The Salaries and allowances and other terms &conditions - of Chief Information Commissioner and Information Commissioners in the Central Information Commission are governed by section 13(5) of the Act. As per the present provisions, the Chief Information Commissioner. in Central. - -Information Commission is equated to the Chief Election Commissioner (CEC) and Information Commissioner in Central Information Commission is equated to the ElectiOn Commissioner (EC) who in turn are equivalent to the Judges of

Supreme Court in terms of conditions of service.

2.3Similarly, the term of office of Chief Information Commissioner and

Information Commissioners of State Information Commission are governed by sections 16(1) and 16(2) respectively. As per the present provisions, the term of office of State Chief Information Commissioner and State Information

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Government of India

Ministry of Personnel, P.G & Pensions

Department of Personnel and Training

Commissioners in the State Information Commissions is restricted to 5 years or

65 years of age, whichever is earlier. The terms & conditions of Chief Information

Commissioner and Information Commissioners of State Information Commission are governed by section 16(5) of the Act. As per the present provisions, the State Chief Information Commissioner is equivalent to Election Commissioner and State Information Commissioner is equivalent to the Chief Secretary of States.

2.4Section 27 of the RTI Act empowers the appropriate Government to

make rules to carry out the provisions of the Act by notification in the Official

Gazette.

2.5Section sections 13(1), 13(2), 13(5), sections 16(1), 16(2), 16(5) and

section 27 of the Rh Act, 2005 are given in Annexure I (Pages 24, 26-27 and

33-34 respectively).

2.6A Cabinet Note proposing amendments to the RTl Act was earlier

considered and approved by the Cabinet on 05.04.2018 vide Cabinet DO letter No 13/CM/2018 dated 05.04.2018. The Cabinet further directed that the term of office of Chief Information Commissioner, Information Commissioners, State Chief Information Commissioners and State Information Commissioners be as prescribed by the Central Government. The copy of the Cabinet approval is annexed at Annexure II (Page 37).

2.7Notice of intention to move the Right to Information (Amendment) Bill,

2018 was again given to RajyaSabha11th July, 2018. However the Bill was

not included in the list of Business and therefore was not taken up for consideration by the RajyaSabha. The copy of the Right to Information

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Government of India

Ministry of Personnel, P.G & Pensions

Department of Personnel and Training

(Amendment) BiII,2018 approved by the Cabinet on 05.04.0218 is annexed at

Annexure III (Pages 38 to 39).

3. PROPOSAL

3.1It is now proposed to amend sections 13(1), 13(2), 13(5), sections

16(1), 16(2), 16(5) and section 27 of the RTI Act, 2005. The proposal seeks to

authorize the Central Government to notify by Rules, the salary and other terms & conditions as well as the term of office of Information Commissioners in the

Central and State Information Commissions.

3.1.1 A comparison that explains the existing provision and proposed

-:amendment to the RTl Act, 2005 I 2018 is at Annexure-IV (Pages 40 to 45).

4. JUSTIFICATION

4.lThe proposal has been made for the following reasons:--:

(i). As perthe present provision, the Chief Information Commissioner/information Comrnissjoners in the Central Information Commission and Chief Information Commissjoners of 28 State Information Commissions are treated as equivalent to :iheCJiief Election Commissioners/Election Commissioners. It may be noted that - :inthe Election Commission of India, only three functionaries are in position whereas through the equivalence provided in the RTI Act, a large number of functionaries are being assigned such status and equivalence. This difference in number of functionaries creates anomaly with reference to other statutory bodies;

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Government of India

Ministry of Personnel, P.G & Pensions

Department of Personnel and Training

(ii). The functions being carried out by the Election Commission of India and the Central/State Information Commissions are totally different. The Election Commission is a constitutional body established by article 324(1) of the Indian 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 Indian Constitution. On the other hand, the Central Information Commission is a statutory body established under section 12 of the Right to Information act, 2005 which is an Act to provide for setting out the practical regime of right to information for citizens to secure •access to information under the control of public authorities, in order to.promote transparency and accountability in the working of every public, authority.. Therefore, the mandate of Election Commission of India (constitutional body).and Central Information Commission (statutory body) are different. Hence their status.. and service conditions need to be rationalised accordingly; (iii). . There.has been a move by the government to rationalise the service conditions :;in :various statutory Organisations / Commissions. It is therefore imperative .. that the service conditions of theChief Information Commissioner/Information Commissioners are also rationalised accordingly. (iv). The judicial functions carried out by the Supreme Court and work related to RTI Act, 2005 are on a separate footing and hence it is appropriate to prescribe their conditions of service separately.

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Government of India

Ministry of Personnel, P.G & Pensions

Department of Personnel and Training

(v). The conditions of service of GIG/IC should be linked to the provision in the RTI Act and rules notified thereon rather than linking it to another body which is governed by a separate statute.

4.2 Once the amendment bill is passed in the Parliament, the Government will

notify rules regarding salaries, allowances and other terms and conditions for Chairman and members of Central and State Information Commissions appointed after the proposed amendments come into effect.

5. INTER-MINISTERIAL CONSULTATIONS

5.1 DoLA had earlier advised that a legislation dealing with freedom of

informationwouId be covered by Entry 97 of List I of the Seventh Schedule to the Constitution and Parliament alone would be competent to enact a law dealing • with freedom of Information qua 'state Information' and that for amending section

16(5) of the RTI Act which concerns the State Chief Information Commissioners,

and State Information Commissioners, consultation with State Government may not be required. Accordingly, the draft cabinet note was circulated to Ministry of Law .and Justice (Department of Legal Affairs and the Legislative Department) as well as to Ministry of Finance (Department of Expenditure).

5.2 The Ministry of Law & Justice (Department of Legal Affairs and Legislative

Department) has examined the Cabinet Note Annexure V (Pages 46 to 90) and concurred with the proposal. The comments received from them are tabulated at

Annexure-VI (Pages 91 to 92).

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Government of India

Ministry of Personnel, P.G & Pensions

Department of Personnel and Training

5.3 The "RTI (Amendment) Bill, 2019" has been prepared in consultation with the

Legislative Department for being appended as Appendix lii (Pages 11 to 13) to this Note.

6. FINANCIAL IMPLICATIONS

No financial implications are involved.

7. EMPLOYMENT GENERATION POTENTIAL

This proposal has no Employment Generation potential.

8. APPROVAL SOUGHT

Approval of the Cabinet is solicited for amendment of the RighLto • Information Act, 2005 (22 of 2005) for introduction of a Bill namely, the Right to • Information (Amendment) Bill, 2019 in Parliament appended herewith as AppendixIll (Pages 11 to 13) to this Note with such modifications Or changes of - drafting and consequential nature, if any, as may be considered necessary, in consultation with the Legislative Department.

9. STATEMENT OF IMPLEMENTATION SCHEDULE

A Statement of Implementation Schedule, in respect of the above proposal is placed at Appendix-I (Page 9) to this Note.

10. STATEMENT OF EQUITY, INNOVATION AND PUBLIC

ACCOUNTABILITY

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Government of India

Ministry of Personnel, P.G & Pensions

Department of Personnel and Training

The Statement of equity, innovation and public accountability is placed at.:

Appendix-Il (Page 10).

11.APPROVAL OF THE MINISTER-IN-CHARGE

The Prime Minister, as Minister-in-charge of the Ministry ofPersonnel, Public:;

Grievances and Pensions, has approved this Note

(Lok Ranjan)'

Additional Secretary to Government of India

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