CENTRAL INFORMATION COMMISSION (CIC)

Context
• Established under the Right to Information Act, 2005.
• It is NOT a constitutional body; it is a statutory and independent authority.
• Came into existence on 12 October 2005.
• Jurisdiction covers all Central Public Authorities.
• Powers/functions mainly under Sections 18, 19, 20, 25 of the RTI Act.
• Decisions of CIC are binding and final unless challenged in court.

Establishment
• Constituted by Central Government through notification under Section 12 of RTI Act.
• Meant to ensure transparency, accountability, and fight corruption.

Composition
• Chief Information Commissioner (CIC) + up to 10 Information Commissioners (ICs).
• Actual number decided by the Central Government.

Appointment Process
• Appointed by the President.
• Appointment based on recommendation of a 3‑member committee:
  – Prime Minister (Chairperson)
  – Leader of Opposition in Lok Sabha
  – Union Cabinet Minister nominated by PM

Eligibility Criteria
• Must NOT be:
  – Member of Parliament / State Legislature.
  – Holding an office of profit.
  – Affiliated with any political party.
  – Engaged in business or any professional activity.
• Should be a person of eminence in public life with wide knowledge in law, science, technology, social service, management, journalism, etc.

Tenure and Service Conditions
• Earlier: 5 years or up to age 65 (whichever earlier).
• RTI (Amendment) Rules, 2019:
  – Tenure: 3 years for both CIC & ICs.
  – Salary, allowances, and service conditions decided by Central Government.
• CIC not eligible for reappointment.
• IC eligible for appointment as CIC.

Removal of CIC / ICs
Can be removed by the President under following grounds:
• Insolvency.
• Conviction for an offence involving moral turpitude (President’s opinion final).
• Engaging in paid employment / office of profit during tenure.
• Unfit due to infirmity of mind/body (President’s opinion).
• Acquired financial or other interest affecting official duties.
• For proved misbehaviour or incapacity:
  – President refers matter to Supreme Court.
  – SC conducts inquiry and gives advice (binding on President).

Powers & Functions (Very Important for OPSC)
1. Complaint Handling (Section 18)
   CIC may inquire into complaints such as:
   • No Public Information Officer (PIO) appointed.
   • PIO refuses to accept RTI application.
   • Applicant denied information.
   • No response within time limits (30 days).
   • Excessive/illegal fees demanded.
   • Incomplete, false, or misleading information provided.

2. Second Appeal Authority (Section 19)
   • CIC hears second appeals against decisions of First Appellate Authority in central bodies.

3. Suo‑Moto Powers
   • Can initiate inquiry on its own to safeguard transparency.

4. Civil Court Powers
   CIC has powers equivalent to a civil court:
   • Summon and enforce attendance.
   • Take evidence on oath.
   • Order discovery & inspection of documents.
   • Receive evidence via affidavits.
   • Requisition public records from any public authority.
   • Examine witnesses.

5. Penalty Powers (Section 20)
   CIC may impose penalty on PIO:
   • ₹250 per day up to maximum of ₹25,000.
   • For obstruction, refusal, delay, false information, destruction of records.
   • Can also recommend disciplinary action.

6. Monitoring and Reporting (Section 25)
   • Prepares Annual Report to Central Government.
   • Report includes:
     – Number of RTI requests.
     – Rejected applications.
     – Penalties imposed.
   • Government places the report before Parliament.

7. Record‑Keeping Directions
   • Can direct public authorities to improve record maintenance.
   • Ensures suo‑motu disclosure under Section 4.

Key Notes for OPSC
• CIC ensures transparency in governance → strengthens accountability.
• It does NOT have enforcement mechanism like courts; relies on penalties + recommendations.
• Its decisions are binding but can be challenged in High Court/Supreme Court.
• RTI (Amendment) Act 2019 reduced autonomy → criticism that government now controls tenure/salary.

Short Comparison: CIC vs CVC vs CBI (Important for MCQs)
• CIC → Transparency, RTI, grievance redressal.
• CVC → Anti‑corruption oversight.
• CBI → Investigation agency.

Conclusion
Central Information Commission is the guardian of citizens’ RTI rights and plays a major role in promoting transparency. Despite criticisms of reduced autonomy post‑2019, it remains a crucial accountability institution in India’s democratic framework.

---

PDF File:

No PDF attached

---

Subject: Polity

← Back