Terms of office and conditions of service
Commencement. Ss. 4(1), 5(1) (2), 12, 13, 15, 16, 24, 27, 28 (15-06-2005) and rest provisions on 120th day of its enactment.
Section 13 of the Right to Information Act, 2005 deals with terms of office and conditions of service. 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. The Act was enacted on 15 Jun 2005.
(1) The Chief Information Commissioner shall hold office 1[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 1[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.
2[(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:
Provided that the salaries, allowances and other conditions of service of the Chief Information Commissioner or the Information Commissioners shall not be varied to their disadvantage after their appointment:
Provided further that the Chief Information Commissioner and the Information Commissioners appointed before the commencement of the Right to Information (Amendment) Act, 2019 shall continue to be governed by the provisions of this Act and the rules made thereunder as if the Right to Information (Amendment) Act, 2019 had not come into force.]
(6) The Central Government shall provide the Chief Information Commissioner and the Information Commissioners with such officers and employees as may be necessary for the efficient performance of their functions under this Act, and the salaries and allowances payable to, and the terms and conditions of service of the officers and other employees appointed for the purpose of this Act shall be such as may be prescribed.
Provided also that the salaries, allowances and other conditions of service of the Chief Information Commissioner and the Information Commissioners shall not be varied to their disadvantage after their appointment.
(7) The Central Government shall provide the Chief Information Commissioner and the Information Commissioners with such officers and employees as may be necessary for the efficient performance of their functions under this Act, and the salaries and allowances payable to and the terms and conditions of service of the officers and other employees appointed for the purpose of this Act shall be such as may be prescribed.
Section 13, The Right to Information Act, 2005 (Act 22 of 2005).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Anjali Bhardwaj vs Union of India
Court's Decision & Legal Precedent
The Central Government and State Governments have a constitutional and statutory obligation to fill vacancies in Information Commissions in a timely manner through a transparent process, and the Supreme Court can issue mandamus directions to compel such appointments. The failure to maintain adequate strength of Information Commissioners violates the fundamental right to information under Article 19(1)(a) of the Constitution and frustrates the purpose of the Right to Information Act 2005. Information Commissions must be staffed adequately based on workload, and the appointment process must be transparent with public disclosure of selection criteria, shortlisted candidates, and deliberations. Persons of eminence from all fields mentioned in the RTI Act should be considered for appointment, not limited to government employees.
On this section: Terms and conditions of service of Chief Information Commissioner and Information Commissioners to be same as Chief Election Commissioner and Election Commissioner respectively
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 13
What have the courts held on Section 13 of the Right to Information Act?
Anjali Bhardwaj vs Union of India (15 Feb 2019) is the leading judgment on this section among those set out below: Terms and conditions of service of Chief Information Commissioner and Information Commissioners to be same as Chief Election Commissioner and Election Commissioner respectively.
How do I find court cases under Section 13 of the Right to Information Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: RTI Act 13, section 13 RTI Act, section 13 of the Right to Information Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Anjali Bhardwaj vs Union of India (15 Feb 2019).
What should I read with Section 13 of the Right to Information Act, and has it changed?
Its own text turns on section 12 (Constitution of Central Information Commission), section 14 (Removal of Chief Information Commissioner or Information Commissioner), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it.
When was Section 13 of the Right to Information Act enacted?
Section 13 of the Right to Information Act, cited as RTI Act 13, was enacted on 15 Jun 2005 as Act 22 of 2005. It is in force as at the date shown on this page.
Other sections of this Act
- 19. Appeal669 words
- 7. Disposal of request657 words
- 4. Obligations of public authorities643 words
- 2. Definitions618 words
- 8. Exemption from disclosure of information520 words
- 18. Powers and functions of Information Commissions473 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.