Central Information Commission, Its Constitution, Term of office, Conditions of Service and Removal

Central Information Commission (CIC) plays a pivotal role in the implementation of the Right to Information Act, 2005, in India. It is an authoritative body established to adjudicate on matters related to requests for information under the Act. The Constitution, term of office, conditions of service, and the provisions for removal of the commissioners are outlined in the Act, providing a framework for the commission’s operation and governance.

Central Information Commission Functions:

• Adjudication on Complaints and Appeals:

CIC adjudicates the complaints and appeals filed against any public authority for non-compliance with the RTI Act. This includes refusal to provide information, inability to submit requests for information, failure to receive a response within the stipulated time, provision of incomplete or misleading information, and imposition of unreasonable fees.

• Monitoring and Reporting:

CIC is responsible for monitoring and reporting on the compliance by public authorities with the provisions of the RTI Act. It submits an annual report to the Central Government on the implementation of the provisions of this Act, which is then laid before each House of Parliament.

• Inquiry and Investigation:

Commission has the powers of a civil court while investigating complaints and appeals. It can summon and enforce the attendance of persons, compel them to give oral or written evidence on oath and to produce documents or things. It can also inspect the records, receive evidence on affidavits, and issue summons for examination of witnesses or documents.

• Ordering Disclosure of Information:

If it is found during the hearing of a complaint or an appeal that an act of withholding information was unjustified, the CIC can order the concerned public authority to disclose the information to the complainant.

• Imposing Penalties:

CIC has the power to impose penalties on the Public Information Officer (PIO) of a public authority for refusing to receive an application, not furnishing information within the specified time, malafidely denying the request for information, knowingly giving incorrect, incomplete, or misleading information, and destroying information that has been requested.

• Recommending Disciplinary Action:

Apart from imposing penalties, the Commission can also recommend disciplinary action against the PIO under the service rules applicable to the PIO.

• Advisory Function:

CIC advises the Central Government, public authorities, and the complainants on matters related to the RTI Act. It can recommend steps to increase transparency and accessibility of information.

• Creation of Awareness:

Commission is tasked with promoting awareness about the RTI among the public. It may organize educational programs and encourage public authorities to participate in these initiatives.

• Review of Decisions by Public Authorities:

CIC reviews the decisions made by public authorities regarding disclosure of information to ensure conformity with the Act. It ensures that every decision by a public authority respects the right to information of the public.

• Specifying Formats and Reporting Requirements:

CIC has the authority to specify the format and the annual reports to be complied with by the public authorities, detailing the implementation of the RTI Act.

Constitution of the Central Information Commission

• Establishment:

Central Information Commission is constituted by the Central Government through an official notification in the Gazette of India.

• Composition:

Commission consists of the Chief Information Commissioner and such number of Central Information Commissioners, not exceeding ten, as may be deemed necessary.

• Appointment:

Chief Information Commissioner and the Information Commissioners are appointed by the President of India on the recommendation of a committee consisting of the Prime Minister as Chairperson, the Leader of the Opposition in the Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister.

Term of Office

Chief Information Commissioner and Information Commissioners hold office for a term of five years from the date on which they enter their office or until they attain the age of sixty-five years, whichever is earlier.

• Reappointment:

They are not eligible for reappointment.

Conditions of Service

• Salary and Allowances:

Salary, allowances, and other terms and conditions of service of the Chief Information Commissioner are similar to those of the Chief Election Commissioner. The salary, allowances, and other terms and conditions of service of the Information Commissioners are similar to those of an Election Commissioner. These provisions ensure the independence of the commissioners.

• Resignation:

The Chief Information Commissioner or an Information Commissioner may, at any time, resign from their office by writing under their hand addressed to the President of India.

Removal

• Procedure:

Chief Information Commissioner or an Information Commissioner can be removed from their office only by order of the President on the ground of proved misbehavior or incapacity after the Supreme Court, on a reference made to it by the President, has, on inquiry, reported that the Chief Information Commissioner or an Information Commissioner, as the case may be, ought on such ground be removed.

• Other Grounds for Removal:

They can also be removed by the President if they are adjudged to be an insolvent, have been convicted of an offense which, in the opinion of the President, involves moral turpitude, are unfit to continue in office due to infirmity of mind or body, or have acquired such financial or other interest as is likely to affect prejudicially their functions as the Chief Information Commissioner or an Information Commissioner.

• Severability (Section 10 of the RTI Act)

If a request for access to information is rejected on the grounds that it is in relation to information which is exempt from disclosure, then, notwithstanding anything in the Act, access may be provided to that part of the record which does not contain any information that is exempt from disclosure under the Act and which can reasonably be severed from any part that contains exempt information.