Discuss the terms and conditions of service of the members of State Information Commission and highlight the changes brought by the RTI (Amendment) Act, 2019.

1. Terms and Conditions of Service of Members of State Information Commission

The State Information Commissions (SICs) are crucial bodies responsible for overseeing the implementation of the Right to Information (RTI) Act at the state level in India. The terms and conditions of service for members of SICs are vital to ensure their independence, impartiality, and effectiveness in upholding the RTI Act.

Appointment Process

Members of SICs are appointed by the state government through a transparent process. The selection committee, usually comprising the Chief Minister, Leader of Opposition, and a Cabinet Minister nominated by the Chief Minister, recommends suitable candidates for appointment. The Governor then appoints the selected candidates as members of the SIC.

Tenure

The members of SICs serve for a fixed tenure of five years or until they attain the age of sixty-five, whichever is earlier. This fixed tenure ensures stability and continuity in the functioning of the commission, allowing members to discharge their duties without undue influence or pressure.

Removal Procedure

The RTI Act specifies the grounds and procedure for the removal of members of SICs. They can be removed from office on grounds of misbehavior, incapacity, or violation of terms and conditions of service. The removal process involves an inquiry conducted by the Supreme Court or the High Court, based on a reference made by the President or Governor, respectively.

Salary and Allowances

Members of SICs are entitled to a salary and allowances comparable to those of a Chief Secretary in the state government. This provision ensures that members receive remuneration commensurate with their responsibilities and status, thereby preventing any potential conflicts of interest or undue influence.

Changes Brought by the RTI (Amendment) Act, 2019

The RTI (Amendment) Act, 2019 introduced significant changes to the terms and conditions of service of members of SICs, raising concerns regarding their independence and autonomy:

Increase in Centralization

One of the key changes brought by the RTI (Amendment) Act, 2019 is the centralization of the appointment process for members of SICs. Previously, the selection committee comprised the Chief Minister, Leader of Opposition, and a Cabinet Minister nominated by the Chief Minister. However, the amended act removed the provision for the involvement of the Leader of Opposition, thereby concentrating the appointment power in the hands of the ruling government.

Potential Impact on Independence

The exclusion of the Leader of Opposition from the selection committee raises concerns about the independence of members of SICs. The absence of opposition representation may compromise the impartiality and autonomy of the appointment process, leading to perceptions of bias or political influence.

Shortening of Tenure

The RTI (Amendment) Act, 2019 empowers the central government to prescribe the term of office, salaries, allowances, and other terms and conditions of service of members of SICs. This provision grants the central government significant control over the tenure of members, potentially undermining their independence and security of tenure.

Conclusion

In conclusion, the terms and conditions of service for members of State Information Commissions are crucial for ensuring their independence, impartiality, and effectiveness in upholding the Right to Information Act. However, the changes introduced by the RTI (Amendment) Act, 2019 have raised concerns about the centralization of appointment processes and potential impacts on the independence and autonomy of SIC members. It is essential to safeguard the integrity and autonomy of SICs to uphold the principles of transparency and accountability in governance.