RTI Section 13: Terms of office and conditions of service of Central Information Commission

Terms of office and conditions of service of Central Information Commission

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) The Chief Information Commissioner shall hold office for such term as may be prescribed by the Central Government and shall not be eligible for reappointment: Provided that no Chief Information Commissioner shall hold office as such after he has attained the age of sixty-five years.

(2) Every Information Commissioner shall hold office for such term as may be prescribed by the Central Government or till he attains the age of sixty-five years, whichever is earlier, and shall not be eligible for reappointment as such Information Commissioner:

Provided that every Information Commissioner shall, on vacating his office under this sub-section be eligible for appointment as the Chief Information Commissioner in the manner specified in sub-section (3) of section 12:

Provided further that where the Information Commissioner is appointed as the Chief Information Commissioner, his term of office shall not be more than five years in aggregate as the Information Commissioner and the Chief Information Commissioner.

(3) The Chief Information Commissioner or an Information Commissioner shall before he enters upon his office make and subscribe before the President or some other person appointed by him in that behalf, an oath or affirmation according to the form set out for the purpose in the First Schedule.

(4) The Chief Information Commissioner or an Information Commissioner may, at any time, by writing under his hand addressed to the President, resign from his office: Provided that the Chief Information Commissioner or an Information Commissioner may be removed in the manner specified under section 14.

(5) 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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Central Information Commission Sec 2(b) CIC & ICs Sec 2(d) Removal Procedure Sec 14

Legal Commentary & Landmark Judgments: Section 13

Section 13 regulates the term of office, conditions of service, salaries, and allowances of the Chief Information Commissioner and Information Commissioners, substantially restructured by the Right to Information (Amendment) Act, 2019 to replace statutory tenure and salary parity with executive rule-making discretion.

Pre-2019 Fixed Statutory Tenure vs. Post-2019 Executive Determination: Historically, Section 13(1) and 13(2) prescribed a fixed statutory tenure of five years or until attaining the age of 65 years. The RTI (Amendment) Act, 2019 (Act 24 of 2019) substituted this with 'for such term as may be prescribed by the Central Government', capped at 65 years, while maintaining the bar against reappointment.
Salary Structure and De-linking from Election Commission: Prior to 2019, Section 13(5) conferred statutory salary parity for the CIC with the Chief Election Commissioner, and for ICs with Election Commissioners (equivalent to Supreme Court Judges). The 2019 Amendment deleted this parity, empowering the Central Government to prescribe salaries, allowances, and service terms under the RTI Rules, 2019 (fixing Rs. 2,50,000 for CIC and Rs. 2,25,000 for ICs).
Pension Set-Off and Non-Diminution Protection: Section 13(3) provisos mandate that pensions received for prior government or judicial service must be deducted from the salary payable under the Act; Section 13(5) contains a protective non-diminution proviso ensuring that conditions of service shall not be varied to the disadvantage of an incumbent Commissioner after appointment.

Key Landmark Precedents:

Jairam Ramesh v. Union of India (W.P. (C) No. 1470 of 2019 - pending before Supreme Court): Direct constitutional challenge to the 2019 Amendment to Section 13, asserting that delegating tenure and salary conditions to central executive discretion subverts the institutional autonomy and quasi-judicial independence of the Information Commission.
Namit Sharma v. Union of India (2013) 1 SCC 745 & Union of India v. Namit Sharma (2013) 10 SCC 359: The Supreme Court recognized that statutory security of tenure and unalterable salary conditions are indispensable constitutional safeguards required to preserve the adjudicatory impartiality of Information Commissions against executive retribution.
Rojer Mathew v. South Indian Bank Ltd. (2020) 6 SCC 1: The Constitution Bench held that executive control over the appointment, tenure, and conditions of service of tribunal members violates the doctrine of separation of powers and judicial independence.

Courtroom Practice & Strategic Litigation Guidance:

In service litigation or auditing of Commissioner remuneration, ensure compliance with Section 13(3) pension deduction provisos to avoid recovery actions. In constitutional litigations, rely on the non-diminution proviso of Section 13(5) to challenge any executive attempt to curtail salaries, medical allowances, or perks of sitting Commissioners during their term.