Central Information Commission

 

 

 

Central Information Commission

 

 

Composition of Central Information Commission

  • Chief information commissioner
  • Up to 10 information commissioners
  • All are appointed by the President
  • Appointment on the recommendation of
    • Prime minister
    • Union minister nominated by PM
    • Leader of the largest opposition party

 

 

Qualification

  • As per Section 12(5), members should be a person of eminence in public life.
  • They should have experience in one of following field
    • Law
    • Science and technology
    • Governance
    • Social service
    • Management
    • Journalism and mass media
    • Administration
  • As per Section 12(6), they should not be MP / MLA’s or connected to any political party, doing some business or holding any office of profit.

 

 

Term & Condition

  • They hold office till age of 65 or 5 years.
  • Members are not eligible for reappointment.
  • Information commissioner is eligible for post of chief information commissioner only.
  • Total tenure of office can be maximum 5 years including his tenure of information commissioner.
  • Salary, allowances and other conditions are similar to Chief Election Commissioner and  Information Commissioner are similar to those of an Election Commissioner.

 

Right to Information (Amendment) Act, 2019

  • It made two fundamental changes in RTI Act 2005.
  • Tenure of the CIC and IC at centre and state levels for such term as may be prescribed by the Central Government.
  • Salaries and allowances as may be prescribed by the Central Government.

 

 

Removal

  • Removal is done by president on grounds of bankruptcy, unsound mind, infirmity of body or mind, sentenced to imprisonment for a crime, or engages in paid employment. 
  • He can also be removed for proved misbehavior or incapacity if SC inquiry finds him guilty.
  • They can resign by writing to president.

 

 

Powers & Functions

  • It is the duty of the Commission to receive and inquire into a complaint from any person:
    • who has not been able to submit an information request because of non-appointment of a Public Information Officer
    • who has been refused information that was requested
    • who has not received response to his information request within the specified time limits
    • who thinks the fees charged are unreasonable
    • who thinks information given is incomplete, misleading or false
  • Central Information Commission can order inquiry into any reasonable matter.
  • It is a suo-moto power of CIC.
  • CIC has the powers of a civil court in respect to some cases.
  • All public records must be given to the Commission during inquiry for examination.
  • No public record can be withheld from it during inquiry of complaints.
  • CIC can make necessary changes to the practices relating to management, maintenance and destruction of records.
  • Commission can direct any public authority to appoint a Public Information Officer.
  • Commission can direct for publishing information or categories of information.
  • It can ask for an annual report from the public authority on compliance with this Act.
  • Central Information Commission can impose penalties under this Act.
  • It acts as second appellate authority for RTI applications.
  • Submits annual reports to the central govt. which are tabled before each house of Parliament.

 

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