Central Information Commission

Central Information Commission-

• The Central Information Commission has been constituted under the Right to Information Act, 2005.

• The jurisdiction of the Commission extends over all Central Public Authorities.

• It is not a constitutional body.

Composition and Appointment

Composition

•  consists of a Chief Information Commissioner and not more than ten Information Commissioners.

Appointment-

They are appointed by the President on the recommendation of a committee consisting of (Section 12(3) of the RTI Act 2005 )-

• The Prime Minister as Chairperson.

• The Leader of Opposition in the Lok Sabha.

• A Union Cabinet Minister nominated by the Prime Minister.

Eligibility and service conditions-

• A should 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.

• She/he should not be a Member of Parliament or Member of the Legislature of any State or Union Territory.

• She/he should not 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 Salary-

Term of Office

• The Chief Information Commissioner and an Information Commissioner shall hold office for such term as prescribed by the Central Government or until they attain the age of 65 years, whichever is earlier.

• She/he shall not be eligible for reappointment.

• Under RTI Rules, 2019 The CIC and ICs will hold office for a term of three years.

• The information commissioner is eligible for the post of state chief information commissioner.

Salary-

• Initially they have the salary equivalent to that of Chief Election commissioner and Election commissioners respectively but Under RTI Rules, 2019 this provision has been changed.

Removal-

President can remove the Chief Information Commissioner or any Information Commissioner from the office under the following circumstances:

• if he is adjudged an insolvent; or

• Convicted of an offence which involves a moral turpitude; or

• Engages during his term of office in any paid employment outside the duties of his office; or

• He is (in the opinion of the President) unfit to continue in office due to infirmity of mind or body; or

• Acquired such financial or other interest as is likely to affect prejudicially his official functions;

Removal on grounds of on the ground of proved misbehavior or incapacity-

• The President can also remove the Chief Information Commissioner or any Information Commissioner on the ground of proved misbehavior or incapacity.

• The President has to refer the matter to the Supreme Court for an enquiry.

• If the Supreme Court, after the enquiry, upholds the cause of removal and advises so, then the President can remove him.

What is misbehavior?

• If the Chief Information Commissioner or a Information Commissioner in any way, concerned or interested in any contract or agreement made by or on behalf of the Government or participates in any way in the profit thereof or in any benefit or emoluments arising there from otherwise than as a member and in common with the other members of an incorporated company, he shall deemed to be guilty of misbehavior.

Vision, Mission and Key Objectives-

Vision

• To play a dynamic role in ensuring effective and efficient participation of all the stakeholders as envisaged by the RTI Act, through exercise of powers conferred on, and by performing functions assigned to the Central Information Commission in an an accountable, responsive and transparent manner.

Mission-

• Ensuring smoother and greater access to information envisaged under the RTI Act, 2005 , to Indian citizens through a citizen-centric approach.

Key objectives-

• To receive and enquire into complaints from any citizen as provided in Section 18 of the RTI Act, 2005.

• To receive and decide upon the second appeals from any citizen as provided in Section 19 of the RTI Act, 2005 and RTI rules 2012.

• To exercise the powers conferred on CIC under the RTI Act, 2005.

• To perform the duty of " Monitoring and Reporting " as provided in Section 25 of the RTI Act, 2005.

Powers and functions of commission-

The Commission has following powers

• Providing access to information in a particular form;

• Directing the public authority to appoint a Public Information Officer where none exists;

• Publishing information or categories of information;

• Making necessary changes to the practices relating to management, maintenance and destruction of records;

• Enhancing training provision for officials on the right to information;

• Seeking an annual report from the public authority on compliance with this Act etc.

The Central Information Commission has power of civil court while enquiring into any matter-

(a) Summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things;

(b) Requiring the discovery and inspection of documents;

(c) Receiving evidence on affidavit;

(d) Requisitioning any public record or copies thereof from any court or office;

(e) Issuing summons for examination of witnesses or documents; and

(f) Any other matter, which may be prescribed.

Report –

• The Commission submits an annual report to the Central Government on the implementation of the provisions of this Act.

• The Central Government places this report before each House of Parliament.