The Central Information Commission (CIC) is a statutory body established in 2005 under the Right to Information Act. It handles complaints and appeals related to transparency in governance. Essential for UPSC Polity and competitive exams.
The Central Information Commission (CIC)
Central Information Commission
The Central Information Commission (CIC) was set up by the Central Government in 2005 through an Official Gazette Notification under the Right to Information Act, 2005. It is not a constitutional body.
The CIC is an independent authority that primarily addresses complaints and decides on appeals. It deals with cases related to Central Government offices, public sector undertakings, financial institutions, and Union Territories.
Composition
The Commission consists of:
(i) A Chief Information Commissioner.
(ii) Up to ten Information Commissioners.
They are appointed by the President of India on the recommendation of a committee comprising:
(a) Prime Minister (Chairperson).
(b) Leader of Opposition in the Lok Sabha.
(c) A Union Cabinet Minister nominated by the Prime Minister.
Members must be eminent persons with wide knowledge and experience in areas such as law, science, technology, social service, management, journalism, mass media, or governance.
Restrictions:
(i) They cannot be MPs, MLAs, or hold office of profit.
(ii) They must not be affiliated with any political party.
(iii) They cannot pursue business or profession while in office.
Tenure and Service Conditions
The Chief Information Commissioner and Information Commissioners serve for 5 years or until the age of 65 years, whichever is earlier.
Reappointment is not permitted.
Removal by the President: Grounds include:
(a) Insolvency.
(b) Conviction for an offence involving moral turpitude.
(c) Engaging in paid employment outside official duties.
(d) Physical or mental incapacity, in the opinion of the President.
(e) Financial or other conflicts of interest affecting official duties.
They can also be removed for proved misbehaviour or incapacity, but in such cases, the President must refer the matter to the Supreme Court. If the Court, after inquiry, recommends removal, the President may proceed.
Salaries and Service Conditions: Equivalent to the Chief Election Commissioner (for CIC) and Election Commissioner (for Information Commissioners). These conditions cannot be altered to their disadvantage during service.
Powers and Functions
(i) The Commission must receive and inquire into complaints from any person:
(a) Unable to file an information request due to absence of a Public Information Officer (PIO).
(b) Denied access to requested information.
(c) No response received within the specified time limit.
(d) Fees charged are deemed unreasonable.
(e) Information provided is false, incomplete, or misleading.
(f) Any other matter related to accessing information.
(ii) It can order inquiries suo motu if reasonable grounds exist.
(iii) While conducting inquiries, it has the powers of a civil court, including:
(a) Summoning witnesses and enforcing attendance.
(b) Requiring discovery and inspection of documents.
(c) Receiving evidence on affidavit.
(d) Requisitioning public records from any court or office.
(e) Examining witnesses and documents under summons.
(f) Other prescribed judicial powers.
(iv) The Commission may examine any record under the control of a public authority. No record can be withheld during an inquiry.
(v) It can enforce compliance of its decisions, including:
(a) Directing access to information in a specified format.
(b) Ordering appointment of a PIO where absent.
(c) Publishing information proactively.
(d) Modifying record-keeping practices.
(e) Enhancing training for officials on RTI compliance.
(f) Requiring annual compliance reports from public authorities.
(g) Directing compensation for loss suffered by applicants.
(h) Imposing penalties under the Act.
(i) Rejecting applications when necessary.
(vi) The Commission submits an annual report to the Central Government, which is then tabled before both Houses of Parliament.
(vii) When a public authority fails to comply with RTI provisions, the Commission may recommend steps to ensure conformity.