Right to Information Act, 2005: Role & Functions of the Central Information Commission (CIC)

INTRODUCTION

The Right to Information Act of 2005 encourages accountability and openness by granting public access to government data. By enabling people to obtain documents from public bodies, it guarantees informed democratic participation. By requiring prompt responses to information requests, the Act seeks to promote governance, empower vulnerable populations, and lessen corruption. It represents a critical step in the direction of promoting a responsible and transparent governance in India.

Chapter III of the Act outlines the constitution, terms of office and members of the Central Information Commission (CIC), a pivotal institution entrusted with upholding the Act’s principles. Sections 12 to 14 delineate the framework governing the CIC, outlining the process through which the Chief Information Commissioner (CIC) and Information Commissioners are appointed. Furthermore, Chapter III specifies the essential qualifications and disqualifications for these appointments, The term of office for the Chief Information Commissioner and Information Commissioners, as well as the conditions under which they may resign or be removed, are also clearly defined, enhancing the commission’s independence and accountability. Additionally, Chapter III outlines the powers and functions of the Central Information Commission, empowering it to oversee the implementation of the RTI Act, adjudicate appeals, and issue directives to public authorities to ensure compliance.

CHAPTER III

The key organization charged with carrying out the Act’s national enforcement is the Central Information Commission (CIC), which is established by Section 12 of the Right to Information Act, 2005. A commission led by the prime minister makes recommendations to the president, who appoints the Chief Information Commissioner (CIC) and up to ten Information Commissioners to make up the CIC. The Prime Minister’s nominee for a Union Cabinet Minister and the Leader of the Opposition in the Lok Sabha are both members of this committee.

Under the direction of the Chief Information Commissioner, who supervises its operations and wields authority without interference, the CIC runs on its own. The Commissioners are chosen based on their reputation in the public eye and their proficiency in a range of disciplines, including law, science, technology, social work, media, administration, governance, management, or journalism.

The Commissioner is in charge of overseeing, directing, and managing the Central Information Commission (CIC) as a whole. Thus, the CIC makes sure that the RTI Act’s provisions are followed and that public agencies carry out their duties to promptly and effectively provide citizens with information. Similar to the CIC, information commissioners are chosen to guarantee a range of viewpoints and areas of expertise within the commission.

Significantly, Commissioners are prohibited from engaging in any business or profession, holding political office, or serving as members of state legislatures or Parliament. The CIC is headquartered in Delhi and has the authority to open other offices throughout the country with permission from the central government. By guaranteeing objectivity, openness, and efficient application of the Right to Information Act, this arrangement strengthens democratic values and the public’s right to obtain public records.

The terms of office and conditions of service for the Chief Information Commissioner (CIC) and Information Commissioners (ICs) are covered under Section 13. The Central Government sets the term of office for the Chief Information Commissioner, who cannot be reappointed after he or she turns sixty-five. Likewise, each Information Commissioner holds office for a term set by the Central Government or until the Commissioner reaches the age of 65, whichever comes first. There is no chance for reappointment unless the Commissioner is subsequently designated as the CIC.

Both the CIC and the ICs must take an oath or affirmation in the required format before taking office. They can choose to step down by sending the President a formal resignation letter. After appointment, the Central Government sets the wages, allowances, and other conditions of employment for these officials, which cannot be changed to their detriment.

In addition, the Central Government must supply the officers and staff required to support the CIC and ICs in carrying out their duties under this Act; government laws also control these staff members’ terms of employment.

The procedure for the removal of the Chief Information Commissioner (CIC) or Information Commissioner (IC) is described in Section 14. Only the President may request removal on the grounds of demonstrated incompetence or misbehavior. The President refers a case to the Supreme Court for investigation if such claims are made. The President has the authority to order someone’s removal after obtaining the Supreme Court’s report that makes that recommendation.

The President may suspend the CIC or IC during the investigation and forbid them from appearing in office if prompt action is required. Furthermore, in the event that certain requirements are satisfied—such as insolvency, conviction for a crime involving moral turpitude, unapproved paid employment, physical or mental infirmity, or the acquisition of interests that could jeopardize official duties—the President also has the power to remove the CIC or IC directly.

In the case Pyare Lal Verma v. Ministry of Railways, the Central Information Commission (CIC) ruled that file notings are not exempt from disclosure under the RTI Act.[i] Citing its earlier decision in Satyapal v. TCIO, the CIC clarified that file notings qualify as information under Sections 2(i) and 2(j) of the Act and must be disclosed. The Commission also directed the Department of Personnel to remove misleading information from its website regarding the status of file notings.[ii]

CONCLUSION

The Central Information Commission’s (CIC) establishment and operations are described in full in Chapter III. The appointment procedure for the Chief Information Commissioner (CIC) and Information Commissioners (ICs) is outlined in Sections 12 through 14, with a focus on the ICs’ independence and subject matter knowledge. The CIC, which is based in Delhi and has regional offices all across the country, is essential to improving accountability in governance since it enforces openness, monitors RTI Act compliance, and decides appeals.

[i] Pyare Lal Verma v. Ministry of Railways (Appeal No.CIC/OK/A/2006/00154, dated 29/1/2007).