• 13(1), (2), (5) substituted in 2019 — term and service conditions to be 'as may be prescribed by the Central Government'.
• Current rules: RTI Rules, 2019 — term of 3 years, salary equivalent to Secretary to Government.
• The 2019 changes were challenged in Anjali Bhardwaj; not struck down but SC directed procedural safeguards.

• 2005 — Original Section 13: fixed 5-year term; salary of Supreme Court Judge.
• 24 October 2019 — RTI (Amendment) Act No. 24 of 2019 substituted 13(1), 13(2), and 13(5).
• 2019 — RTI Rules, 2019 notified — 3-year term, Secretary-level salary.

• Anjali Bhardwaj v. UoI, (2020) 11 SCC 345 — upheld 2019 amendment but imposed transparency obligations on appointment process.
• Justice A.P. Shah letter (2019) — open letter criticising the 2019 amendments.

Whether a Commissioner is on a 3-year or 5-year term matters for how they handle long-pending appeals. Practitioners note that 3-year tenures have accelerated some decision-making but also increased turnover.

For drafting RTIs or appeals engaging this section, use the First RTI template or the First Appeal template. See How to fill an RTI application for structural help.

• Back to the full RTI Act
• Section 6 — Request for information
• Section 7 — Disposal
• Section 8 — Exemptions
• Section 19 — Appeals
• All explanations
• Landmark RTI decisions

1. Right to Information Act, 2005, Section 13.
2. RTI (Amendment) Act, 2019 (where applicable).
3. DPDP Rules, 2025, notified 14 November 2025 (where applicable).
4. Department of Personnel and Training, Guide on the RTI Act, 2005.

Last reviewed on: 21 April 2026