Central Information Commission | RTI Act

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. They outline the process for appointing the Chief Information Commissioner (CIC) and Information Commissioners. Furthermore, Chapter III specifies the essential qualifications and disqualifications for these appointments. It also defines the term of office for the Chief Information Commissioner and Information Commissioners. The law clearly specifies the conditions for their resignation or removal. This enhances the commission’s independence and accountability. Additionally, Chapter III outlines the powers and functions of the Central Information Commission. It empowers the CIC to oversee the RTI Act’s implementation, adjudicate appeals, and issue directives to public authorities for compliance.

CHAPTER III

Establishment of the Central Information Commission (CIC) Under Section 12

The key organization responsible for enforcing the Act nationally is the Central Information Commission (CIC). Section 12 of the Right to Information Act, 2005, establishes it. A commission led by the Prime Minister makes recommendations to the President, who appoints the Chief Information Commissioner (CIC). The President also appoints up to ten Information Commissioners to form the CIC. The Prime Minister’s nominee for a Union Cabinet Minister and the Leader of the Opposition in the Lok Sabha are part of this committee.

Under the Chief Information Commissioner’s leadership, the CIC operates independently. The Chief Information Commissioner supervises its operations and exercises authority without interference. Authorities select commissioners based on their public reputation and expertise in various fields These fields include 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 ensures that the RTI Act’s provisions are followed. It ensures that public agencies fulfill their duty to provide information promptly and effectively. Similar to the CIC, authorities appoint information commissioners to bring diverse viewpoints and expertise to the commission.

Significantly, the law prohibits Commissioners from engaging in any business or profession. They cannot hold political office or serve as members of state legislatures or Parliament. The CIC is headquartered in Delhi. It has the authority to open additional offices across the country with the central government’s approval. By ensuring objectivity, transparency, and effective implementation of the RTI Act, this structure strengthens democratic values. It also upholds the public’s right to access government records.

Tenure and Service Conditions of CIC and ICs (Section 13)

Section 13 covers the terms of office and conditions of service for the Chief Information Commissioner (CIC) and Information Commissioners (ICs). The Central Government sets the CIC’s term of office, and they cannot be reappointed after turning 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. Reappointment is not possible unless authorities subsequently designate the Commissioner 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 determines the wages, allowances, and other employment conditions for these officials, ensuring no changes 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.

Section 14 describes the procedure for removing the Chief Information Commissioner (CIC) or Information Commissioner (IC). 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.

Removal of the Chief Information Commissioner (CIC) and Information Commissioners (ICs) (Section 14)

The President can suspend the CIC or IC during an investigation and prohibit them from appearing in office if prompt action is required. Additionally, if conditions such as insolvency, conviction for a crime involving moral turpitude, unapproved paid employment, physical or mental infirmity, or conflicting interests jeopardizing official duties are met, the President can directly remove the CIC or IC.

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

Chapter III fully describes the establishment and operations of the Central Information Commission (CIC). Sections 12 through 14 outline the appointment procedure for the Chief Information Commissioner (CIC) and Information Commissioners (ICs), emphasizing their 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).

[ii] Satyapal v. TCIO (Appeal No.ICPB/A-1/CIC/2006).