How RTI Amendment Bill was passed undermining pre-legisaltive consultation rule

By Anjali Bhardwaj, Amrita Johri*
In 2019, regressive amendments were made to the Right to Information (RTI) Act to empower the Central government to prescribe through rules, the tenure, salaries and other terms and conditions of service of information commissioners across the country.
The amendment, and the subsequent rules promulgated by the government in October 2019, destroy the insulation provided to information commissions in the original Act to enable them to function independently.
The RTI Amendment Act and the subsequent rules were made in a completely surreptitious manner with no public consultation. This constituted a violation of the procedures laid down in the Pre-Legislative Consultation Policy of 2014.
An application under the RTI Act was filed on October 28, 2019 seeking a copy of all the correspondence, notings and comments of ministries, department and information commissions on the draft of the RTI Amendment Bill. The Department of Personnel and Training (DOPT) facilitated an inspection of the said file and on 16.1.2020 uploaded the file on their website. The RTI application and reply can be accessed here.
The files uploaded by the DOPT can be accessed on their website by following the RTI link and then the page Important files of IR Division.
A perusal of the files points to the following key issues

Cabinet directed that provisions on tenure of information commissioners be amended to allow it to be prescribed through rules by the government

The initial proposal only sought to amend the sections related to salaries and allowances payable to and other terms and conditions of service of information commissioners. There was no mention of amending the provisions related to tenure of information commissioners.
However, the cabinet directed that the provisions regarding the tenure of information commissioners should also be amended to allow the Central government to prescribe it through rules. Noting dated 5.7.2019 notes:
“Cabinet Note was sent for approval of Cabinet on 03.04.20 18. Cabinet Secretariat had conveyed the approval of the Cabinet vide DO letter No 13/CM/2018 dated 5/4/2018 (page 274/Corr). 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.”

Government sought relaxation of the rules of Lok Sabha and Rajya Sabha requiring prior notice and circulation of bill

The rules of procedure of Lok Sabha and Rajya Sabha require prior notice to be given for introducing a bill and also have provisions requiring circulation of bills to members before it is introduced.
Dr Jitendra Singh, Minister of State (MoS), Ministry of Personnel, Public Grievances & Pensions, wrote to the Speaker of the Lok Sabha and the Chairman of the Rajya Sabha seeking relaxation of these provisions.
Rule 123 of the Rules of Procedure and Conduct of Business in the Rajya Sabha states:
“123. Motion for consideration On the day on which the motion for consideration is set down in the list of business which shall, unless the Chairman otherwise directs, be not less than two days from the receipt of the notice, the member giving notice may move that the Bill be taken into consideration.”
Direction 19A,/19B of the Direction of the Speaker of the Lok Sabha state:
“19A. (1) A Minister desiring to move for leave to introduce a Bill shall give in writing the notice of one’s intention to do so.
"(2) The period of notice of a motion for leave to introduce a Bill under this direction shall be seven days unless the Speaker allows the motion to be made at shorter notice.
19B. No Bill shall be included for introduction in the list of business for a day until after copies thereof have been made available for the use of members for at least two days before the day on which the Bill is proposed to be introduced:
"...Provided further that in other cases, where the Minister desires that the Bill may be introduced earlier than two days after the circulation of copies or even without prior circulation, the Minister shall give full reasons in a memorandum for the consideration of the Speaker explaining as to why the Bill is sought to be introduced without making available to members copies thereof in advance, and if the Speaker gives permission, the Bill shall be included in the list of business for the day on which the Bill is proposed to be introduced.”

Government wrote to the Speaker of the Lok Sabha and Chairman of the Rajya Sabha requesting that the RTI Amendment Bill not be referred to a Parliamentary Standing Committee for detailed deliberations

Dr Jitendra Singh, MoS, Ministry of Personnel, Public Grievances & Pensions wrote to the Speaker of the Lok Sabha and the Chairman of the Rajya Sabha requesting that the Right to Information (Amendment) Bill, 2019 not be referred to a Department-related Parliamentary Standing Committee.
---
*Satark Nagrik Sangathan

Comments

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

The golden crop: How turmeric is transforming women's lives in tribal India

By Vikas Meshram* When the lush green fields of turmeric sway in the tribal belt of southern Rajasthan, Madhya Pradesh, and Gujarat, it is not merely a spice crop — it is the golden glow of self-reliance. In villages where even basic spices once had to be bought from the market, the very soil today is yielding a prosperity that has transformed the lives of thousands of families. At the heart of this transformation is the initiative of Vaagdhara, which has linked turmeric with livelihoods, nutrition, and village self-governance — gram swaraj.

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Rajiv Shah Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Authoritarian destruction of the public sphere in Ecuador: Trumpism in action?

By Pilar Troya Fernández The situation in Ecuador under Daniel Noboa's government is one of authoritarianism advancing on several fronts simultaneously to consolidate neoliberalism and total submission to the US international agenda. These are not isolated measures, but rather a coordinated strategy that combines job insecurity, the dismantling of the welfare state, unrestricted access to mining, the continuation of oil exploitation without environmental considerations, the centralization of power through the financial suffocation of local governments, and the systematic criminalization of all forms of opposition and popular organization.

Echoes of Vietnam and Chile: The devastating cost of the I-A Axis in Iran

By Ram Puniyani The recent joint military actions by Israel and the United States against Iran have been devastating. Like all wars, this conflict is brutal to its core, leaving a trail of human suffering in its wake. The stated pretext for this aggression—the brutality of the Ayatollah Khamenei regime and its nuclear ambitions—clashes sharply with the reality of the diplomatic landscape. Iran had expressed a willingness to remain at the negotiating table, signaling a readiness to concede points emerging from dialogue.

False claim? What Venezuela is witnessing is not surrender but a tactical retreat

By Manolo De Los Santos The early morning hours of January 3, 2026, marked an inflection point in Venezuela and Latin America’s centuries-long struggle for self-determination and independence. Operation Absolute Resolve, ordered by the Trump administration, constituted the most brutal and direct military assault on a sovereign state in the region in recent memory. In a shocking operation that left hundreds dead, President Nicolás Maduro and First Lady Cilia Flores were illegally kidnapped from Venezuelan soil and transported to the United States, where they now face fabricated charges in a New York federal detention facility. In the two months since this act of war, a torrent of speculation has emerged from so-called experts and pundits across the political spectrum. This has followed three main lines: One . The operation’s success indicated treason at the highest levels of the Bolivarian Revolution. Two . Acting President Delcy Rodríguez and the remaining leadership have abandone...

The selective memory of a violent city: Uttam Nagar and the invisible victims of Delhi

By Sunil Kumar* Hundreds of murders take place in Delhi every year, yet only a few incidents become topics of nationwide discussion. The question is: why does this happen? Today, the incident in Uttam Nagar has become the centre of national debate. A 26-year-old man, Tarun Kumar, was killed following a dispute that reportedly began after a balloon hit a small child. In several colonies of Delhi, slogans such as “Jai Shri Ram” and “Vande Mataram” are being raised while demanding the death penalty for Tarun’s killers. As a result, nearly 50,000 residents of Hastsal JJ Colony are now living in what resembles a state of confinement.

The price of silence: Why Modi won’t follow Shastri, appeal for sacrifice

By Arundhati Dhuru, Sandeep Pandey* In 1965, as India grappled with war and a crippling food crisis, Prime Minister Lal Bahadur Shastri faced a United States that used wheat shipments under the PL-480 agreement as a lever to dictate Indian foreign policy. Shastri’s response remains legendary: he appealed to the nation to skip one meal a day. Millions of middle-class households complied, choosing temporary hunger over the sacrifice of national dignity. Today, India faces a modern equivalent in the energy sector, yet the leadership’s response stands in stark contrast to that era of self-reliance.

Gujarat government urged to introduce heat-stress safety rules for construction workers

By A Representative A representation submitted to Gujarat Labour, Skill Development and Employment Minister Kunvarji Bavaliya has urged the state government to introduce legally enforceable safety standards to protect construction workers from extreme heat and heatwaves, and to launch a financial assistance scheme for labourers affected by climate-related health risks.

Search This Blog