Central Information Commission    

Topics Discussed: -

·       Introduction

·       Appointment

·       Term of office and Service Conditions

·       Powers and Functions

·       Introduction

ü The Chief Information Commission (CIC) is the authorised body in India to act upon complaints received from individuals who have been unable to submit requests of information to a Central or State Public Information Officer due to either the officer not having been appointed, or the respective officer refused to entertain the application under the Right to Information Act (RTI Act).

ü The CIC was constituted with effect from 12th October 2005 under the RTI Act 2005. Its jurisdiction extends upon all central public authorities.

ü The Central Information Commission shall consist of the Chief Information Commissioner (CIC) and such number of Central Information Commissioners not exceeding 10 as may be deemed necessary.

·       Appointment and Removal

Section 12(3) of the RTI Act 2005 provides as follows.

The Chief Information Commissioner and Information Commissioners shall be appointed by the President on the recommendation of a committee consisting of

ü The Prime Minister, who shall be the Chairperson of the committee.

ü The Leader of Opposition in the Lok Sabha.

ü A Union Cabinet Minister to be nominated by the Prime Minister.

Who can be CIC and ICs?

ü Section 12(5) of the RTI Act 2005 provides that the Chief Information Commissioner and Information Commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.

ü Section 12(6) of the RTI Act 2005 provides that Chief Information Commissioner or an Information Commissioner shall not be a Member of Parliament or Member of the Legislature of any State or Union Territory as the case may be, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.

·       Term of office and Service Conditions

What is the term of office and other service conditions of CIC?

ü Section 13 of the RTI Act 2005 provides that the Chief Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office and shall not be eligible for reappointment:

ü Section 13(5)(a) of the RTI Act 2005 provides that the salaries and allowances payable to and other terms and conditions of service of the Chief Information Commissioner shall be the same as that of the Chief Election Commissioner.

What is the term of office and other service conditions of IC?

ü Section 13(2) of the RTI Act 2005 provides that the Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office and shall not be eligible for reappointment as such Information Commissioners provided.

ü 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 of the RTI Act 2005:

ü 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.

ü Section 13(5)(b) of the RTI Act 2005 provides that the salaries and allowances payable to and other terms and conditions of service of an Information Commissioner shall be the same as that of an Election Commissioner.

·       Powers and Functions

1.    Order enquiry into any matter on reasonable grounds only.

2.    Secure compliance of its decisions from any public authority.

3.    Receive and inquire into a complaint from any person:

·       Who has not received any response to his request for information within a specified time

·       Who deems the information given to him/her incomplete, false or misleading, and any other matter related to securing the information

·       Who has been unable to submit a request for information due to the non-appointment of an officer

·       Who considers the fees so charged unreasonable?

·       Who was refused the information requested

1.    The commission has the power to examine any record under the control of the public authority. All such records have to be given to the Commission during examination and nothing shall be withheld.

2.    During inquiries, the CIC has the powers of a civil court, such as the powers to:

·       Summon and enforce the attendance of persons, and compel them to give oral or written evidence on oath and produce documents or things

·       Require the discovery and inspection of documents

·       Receive evidence on affidavit

·       Requisition public records or copies from any office or court

·       Issue summons for the examination of documents or witnesses

·       Any other matter that may be prescribed

3.    The CIC also submits an annual report to the GOI on the implementations of the provisions of the Act. This report is then placed before both the Houses of Parliament.