Central Information Commission

Why in news?

• The Supreme Court has directed the Union government and all States to file status reports on the latest developments regarding vacancies and pendency in the Central Information Commission (CIC) and State Information Commissions (SICs).

How is Central Information Commission constituted?

• It is formed as per Section-12 of RTI Act 2005 which says that the Central Government shall, by notification in the Official Gazette, constitute a body to be known as the Central Information Commission.
• The Central Information Commission consists of the Chief Information Commissioner (CIC) and a number of Central Information Commissioners not exceeding 10.
• As per RTI act, 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.
• They are appointed by the President on the recommendation of a committee consisting of the Prime Minister as Chairperson, the Leader of Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister.

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

• Earlier, Salaries and allowances payable to and other terms and conditions of service of the Chief Information Commissioner was to be the same as that of the Chief Election Commissioner.
• But this was removed by RTI amendment act, 2019 and now the salaries, allowances, and other terms and conditions of service of the central and state CIC and ICs are determined by the central government.
• As per current rules, Chief Information Commissioner shall hold office for a term of three years from the date on which he enters upon his office and shall not be eligible for reappointment.

Powers and functions of the Central Information Commission:

• 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; and
  • any other matter relating to obtaining information.
• The Commission can order inquiry into any matter if there are reasonable grounds (suo-moto power).
• While inquiring, the Commission has the powers of a civil court.
• During the inquiry of a complaint, the Commission may examine any record which is under the control of the public authority and no such record may be withheld from it on any grounds. In other words, all public records must be given to the Commission during inquiry for examination.
• The Commission has the power to secure compliance of its decisions from the public authority. This includes:
  • 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;

Prelims Question

Consider the following statements regarding  Central Information Commission:
1.It was created under the provisions of Right to information act.
2.Salaries and allowances payable to and other terms and conditions of service of the Chief Information Commissioner  was to be the same as that of the Chief Election Commissioner.
Which of the statements given above is/are correct?
(a)1 only
(b)2 only
(c)Both 1 and 2
(d)Neither 1 nor 2

Answer to prelims question