Central Information Commission under RTI Act
The Central Information Commission (CIC) came into existence in 2005, established by the Central Government through an official gazette notification under the Right to Information Act, 2005. This statutory origin distinguishes it from constitutional bodies, as its powers and mandate stem directly from the Act rather than the Constitution itself.
Functioning as a high-powered, independent authority, the CIC plays a pivotal role in upholding transparency by investigating complaints and deciding appeals. It handles matters arising from central government offices, financial institutions, public sector undertakings, and similar entities across Union Territories, ensuring accountability in the application of the RTI framework.
Composition of the Central Information Commission
The Central Information Commission (CIC) comprises a Chief Information Commissioner and up to ten Information Commissioners. When first established under the Right to Information Act, 2005, it included five members in total, counting the Chief. By 2019, the Commission had expanded to six Information Commissioners alongside the Chief.
Appointments to these positions are made by the President of India, based on recommendations from a high-level committee. This committee is chaired by the Prime Minister and includes the Leader of the Opposition in the Lok Sabha, along with a Union Cabinet Minister nominated by the Prime Minister. This process ensures a balanced and credible selection.
Appointees must be individuals of outstanding eminence in public life, possessing extensive knowledge and experience in fields such as law, science and technology, social service, management, journalism, mass media, administration, or governance. To maintain independence, they cannot hold seats as Members of Parliament or state/Union Territory legislatures. Nor can they occupy any other office of profit, maintain connections with political parties, or engage in business or professional pursuits. These safeguards underscore the Commission's role as an impartial appellate authority in matters of transparency and accountability.
Tenure and Service Conditions
The Chief Information Commissioner and Information Commissioners serve for a term set by the Central Government or until they reach the age of 65, whichever comes first. Importantly, they are not eligible for reappointment, ensuring a fixed and finite period of service.
The President holds the authority to remove the Chief Information Commissioner or any Information Commissioner under specific circumstances, including insolvency; conviction for an offence involving moral turpitude (as determined by the President); engagement in paid employment outside official duties; unfitness due to mental or physical infirmity (again, in the President's opinion); or acquisition of a financial or other interest that could prejudicially affect their functions. Beyond these grounds, removal is also possible for proved misbehaviour or incapacity, but this requires a formal process: the President must refer the matter to the Supreme Court for inquiry. Only if the Court, after investigation, upholds the allegations and recommends removal can the President proceed.
Their salaries, allowances, and other service conditions are determined by the Central Government. Crucially, these cannot be altered to their disadvantage during their tenure, providing stability and protection against arbitrary changes.
Powers and Functions of the Central Information Commission
The Central Information Commission (CIC) serves as the apex body for adjudicating disputes under the Right to Information Act, 2005. Its primary duty is to receive and inquire into complaints from any person facing obstacles in accessing information. These complaints typically arise when a requester cannot submit an application due to the absence of a Public Information Officer (PIO); when information is refused; when no response is received within the prescribed time limits; when fees appear unreasonable; when the provided information seems incomplete, misleading, or false; or in relation to any other issue concerning access to information.
Beyond reactive complaints, the CIC holds suo motu powers, allowing it to initiate an inquiry into any matter if reasonable grounds exist. During such inquiries, the Commission wields the authority of a civil court for key procedural matters. This includes summoning and enforcing the attendance of witnesses, compelling them to provide evidence on oath, and requiring the production of documents; mandating the discovery and inspection of records; accepting evidence via affidavits; requisitioning public records from courts or offices; issuing summons for examining witnesses or documents; and addressing any other prescribed matters.
To ensure thorough investigations, the CIC enjoys unrestricted access to records held by public authorities. No such record can be withheld during an inquiry, guaranteeing that all relevant public documents are available for examination.
Once a decision is reached, the CIC has robust powers to enforce compliance by public authorities. It can direct the provision of information in a specified form; order the appointment of a PIO where none exists; mandate the publication of information or categories thereof; require reforms in practices related to the management, maintenance, and destruction of records; enhance training for officials on Right to Information (RTI) obligations; demand annual compliance reports from the authority; impose compensation for any loss or detriment suffered by the applicant; levy penalties as per the Act; or, in appropriate cases, reject the application.
The CIC also plays a vital oversight role by preparing an annual report on the implementation of the RTI Act, which it submits to the Central Government. This report is then laid before both Houses of Parliament, fostering parliamentary scrutiny. Additionally, when a public authority fails to adhere to the Act, the CIC can recommend corrective steps to promote conformity, underscoring its function as a proactive guardian of transparency.