act:section-13
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| + | metatag-description=(Section 13 of the Right to Information Act, 2005 — Term of Office and Conditions of Service (CIC). Section 13 was substantially substituted by the RTI (Amendment) Act, 2019. Earlier, a fixed 5-year term and Supreme Court Judge-equivalent salary. Now, the Central Government presc...)}} | ||
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| + | ====== Section 13 — Term of Office and Conditions of Service (CIC) ====== | ||
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| + | <WRAP center round info 95%> | ||
| + | **In one line:** Section 13 was substantially substituted by the RTI (Amendment) Act, 2019. Earlier, a fixed 5-year term and Supreme Court Judge-equivalent salary. Now, the Central Government prescribes the term and conditions of service through rules. | ||
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| + | ===== Key points ===== | ||
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| + | * **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. | ||
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| + | ===== Legislative history ===== | ||
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| + | * 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. | ||
| + | |||
| + | ===== Rulings and references ===== | ||
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| + | * **//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. | ||
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| + | ===== Practical note ===== | ||
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| + | 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. | ||
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| + | ===== Call to action ===== | ||
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| + | For drafting RTIs or appeals engaging this section, use the [[: | ||
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| + | ===== Related ===== | ||
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| + | * [[act|Back to the full RTI Act]] | ||
| + | * [[act: | ||
| + | * [[act: | ||
| + | * [[act: | ||
| + | * [[act: | ||
| + | * [[explanations|All explanations]] | ||
| + | * [[: | ||
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| + | ===== Sources ===== | ||
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| + | - Right to Information Act, 2005, Section 13. | ||
| + | - RTI (Amendment) Act, 2019 (where applicable). | ||
| + | - DPDP Rules, 2025, notified 14 November 2025 (where applicable). | ||
| + | - Department of Personnel and Training, //Guide on the RTI Act, 2005//. | ||
| + | |||
| + | //Last reviewed on: 21 April 2026// | ||
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| + | {{tag> | ||
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