Role of Central Information Commission

The Central Information Commission is a statutory body set up under the Right to Information Act in 2005 that acts upon complaints from individuals who have not been able to submit information requests to a Central Public Information Officer or State Public Information Officer due to either the officer not have been appointed, or because the respective Central Assistant Public Information Officer or State Assistant Public Information Officer refused to receive the application for information under the Right to Information Act.

 The Central Information Commission has been constituted with effect from 12-10-2005 under the Right to Information Act, 2005 through a Gazette notification. The jurisdiction of the Commission extends over all Central Public Authorities. The Headquarters of the Commission is in New Delhi and other offices of the commission are established in other parts of the country with the approval of the Central Government.

The Central Information Commission consists of 1 Chief Information Commissioner (CIC) and not more than 10 Information Commissioners (IC) who will be appointed by the President of India. Oath of Office will be administered by the President of India according to the form set out in the First Schedule.

Sections 18,19,20 and 25 of the RTI Act, 2005 provide certain powers and functions broadly related to adjudication in second appeal for giving information; direction for record keeping, suo motu disclosures receiving and enquiring into a complaint on inability to file RTI, etc; imposition of penalties and Monitoring and Reporting including preparation of an Annual Report.

The Commission will exercise its powers without being subjected to directions by any other authority. The decisions of the Commission are final and binding.

The process of appointment of CIC/IC:

1. Candidates for CIC/IC must 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.

2. CIC/IC shall not be a Member of Parliament or Member of the Legislature of any State or Union Territory. He shall not hold any other office of profit be connected with any political party carry on any business or pursue any profession.

3. The Appointment Committee includes the Prime Minister (Chair), the Leader of the Opposition in the Lok Sabha and one Union Cabinet Minister to be nominated by the Prime Minister. 

The term of office and other service conditions of IC:

1. IC shall hold office for a term of five years from the date on which he enters upon his office or till he attains the age of sixty-five years, whichever is earlier, and shall not be eligible for reappointment as IC.

2. Salary will be the same as that of the Election Commissioner. This will not be varied to the disadvantage of the IC during service.

3. IC is eligible for appointment as CIC but will not hold office for more than a total of five years including his/her term as IC.

The qualifications for appointment as SCIC/SIC shall be the same as that for Central Commissioners.

Annual Report: CIC submits an annual report to the Central Government. The central government places this report before the Parliament.

Role of information commissions:

1. The Central Information Commission/State Information Commission must receive complaints from any person – 

a) Who has not been able to submit an information request because a PIO has not been appointed?

b) Who has been refused information that was requested

c) who has received no response to his/her information request within the specified time limits ;

d)  who thinks the fees charged are unreasonable

e) who thinks the information given is incomplete false or misleading; and

f) any other matter relating to obtaining information under the RTI Act

2.  Power to order inquiry if there are reasonable grounds.

3. CIC/SCIC will have powers of the Civil Court such as –

a) summoning and enforcing the attendance of persons, compelling them to give oral or written evidence on oath and to produce documents or things;

b) requiring the discovery and inspection of documents;

c) receiving evidence on affidavit ;

d)  requisitioning public records or copies from any court or office

e) issuing summons for examination of witnesses or documents

f)  any other matter which may be prescribed.

4. All records covered by this law (including those covered by exemptions) must be given to CIC/SCIC during inquiry for examination.

5. Power to secure compliance with its decisions from the Public Authority includes-

a) providing access to information in a particular form;

b)directing the public authority to appoint a PIO/APIO where none exists;

c) publishing information or categories of information;

d) making necessary changes to the practices relating to management, maintenance, and destruction of records ;

e) enhancing training provision for officials on RTI;

f) seeking an annual report from the public authority on compliance with this law;

g) require it to compensate for any loss or other detriment suffered by the applicant ;

h) impose penalties under this law; or

i) reject the application. (S.18 and S.19)

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