Central Information Commission
Introduction :
The Right to Information Act has been instrumental in empowering citizens to seek information and hold public authorities accountable. It has played a significant role in exposing corruption, improving governance, and enhancing transparency in India. Right to information is one of the fundamental right given under Article 19(1)(a) of Indian Constitution.
Right to Information Act, 2005:
The Right to Information (RTI) Act is a law enacted by the Indian Parliament in 2005 to
promote transparency and accountability in the functioning of the government. It grants all
Indian citizens the right to access information held by public authorities.
Any citizen can file an application (known as an RTI application) to a public authority
seeking information. The request can be made in writing or through electronic means, and the
applicant is not required to provide a reason for seeking the information.
The public authority must respond to the RTI application within 30 days. In case the
information concerns the life or liberty of a person, the response must be provided within
48 hours.
If the requested information is not provided or the applicant is unsatisfied with the
response, they can file an appeal with a designated appellate authority. Further appeals can
be made to the Information Commission at the central or state level.
The Act applies to all government and public authorities at the central, state, and local
levels, including ministries, departments, public sector undertakings, and non-governmental
organizations receiving government funds.
Central Information Commission
The Central Information Commission is a high powered independent body which looks into the complaints made to it and decides the appeals. It entertains complaints and appeal pertaining to officers, financial institutions, public sector undertakings etc. under the Central Government and the Union Territories.
Concerned Ministry :
Ministry of Personnel.
Establishment : sec 12
Section 12 of RTI Act, 2005 empowers the Central Government, by notification in the Official Gazette, constitute a body to be known as the Central Information Commission.
Composition: sec 12
The commission consists of :- Chief Information Commissioner and
- Not more than 10 Information Commissioner.
Initially Commission had five commissioners including the Chief Information Commissioner. At
present Commission has 4 Information Commissioners.
At present, Shri YK Sinha is the Chief Information Commissioner.
Shri Suresh Chandra, Shri Heeralal Samariya, Ms. Saroj Punhani, Shri Uday Mahurkar are
currently acting as Information Commissioners.
Appointment of Information Commissioners:
They are appointed by the President on the recommendation of a committee consisting of:
- Prime Minister as Chairperson,
- The Leader of Opposition in the Lok Sabha, and
- Union Cabinet Minister nominated by the Prime Minister.
Qualifications :
They 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.
Disqualifications:
They should not be –
1. A member of parliament or member of a Legislature of any state or union territory,
2. They should not hold any other office of profit or
3. Connected with any political party or
4. Carrying on any business or pursuing any profession.
Tenure of Information Commissioners: sec 13
The Chief Information Commissioner and Information Commissioners shall hold the office for
such term as prescribed by the Central Government or until they attain the age of 65 years,
which is earlier.
They are not eligible for reappointment.
Removal of Information Commissioner: sec 14
The President can remove the Chief Information Commissioner or any Information Commissioner from the office under following circumstances:
- If he is adjudged an insolvent; or
- If he has been convicted of offence which in the opinion of president involves a moral turpitude; or
- If he engages during his term of office in any paid employment outside the duties of his office; or
- If he is in the opinion of the president unfit to continue in office due to infirmity of mind or body; or
- If he has acquired such financial or other interest as it likely to affect prejudically his official functions.
Ground for Removal :
The President can also remove the Chief Information Commissioner and Information
Commissioners on the ground of
1. Proved misbehaviour or
2. Incapacity.
Procedure for Removal:
The President has to refer the matter to the Supreme Court for an enquiry. If Supreme Court upholds the cause of removal, President can remove him.
Salary, Allowances and other service conditions:
The salary, allowances and other service conditions of Chief Information Commissioner and
Information Commissioners shall be such as prescribed by the Central Government.
The salary, allowances and other conditions cannot be varied to his disadvantage during
service.
Powers and functions of Central Information Commission: sec 18
Following are the powers and functions of the Central Information Commission-
1. It is the duty of the commission to receive and inquire into a complaint from any person
–
- who has not been able to submit an information request because of non appointment of a Public Information Officer;
- who has been refused information that was requested;
- who has not received response to his information request within the specified time limits;
- who thinks the fees charged are unreasonable;
- who thinks information given is incomplete misleading or false;
- any other matter relating to obtaining information.
2. Power to order Inquiry-
The commission can order inquiry into any matter if there are reasonable grounds.
While inquiring, Commission has the power of Civil Court in respect of following matters :
- summoning and enforcing attendance of persons,
- compelling them to give oral or written evidence on oath,
- to produce documents or things,
- discovery and inspection of documents,
- receiving evidence on affidavit,
- requestioning any public record from any office or Court,
- issuing summons for examination of witnesses or documents,
- any other matter which may be prescribed.
3. The commission has power to secure compliance of its decision from the public authority.
Submission of report by the Commission:
The Commission summits 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.
