Central Information Commission (CIC): Origin, Members, and Functions

PWOnlyIAS December 27, 2023 04:58 3981 0

The Central Information Commission (CIC) is a statutory body to act upon complaints received from individuals who have not received satisfiable responses under the Right to Information Act (RTI Act).

Central Information Commission (CIC): Origin, Members, and Functions

Provisions: The Central Information Commission (CIC) is a statutory body to act upon complaints received from individuals who have not received satisfiable responses under the Right to Information Act (RTI Act).

Origin of Central Information Commission (CIC)

Formation: The Central Information Commission (CIC) was formed on 12th October 2005 under the Right to Information Act (RTI Act) 2005. It covers all central public authorities.
Jurisdiction: The CIC entertains complaints and appeals related to offices, institutions, public sector undertakings, etc under governments of union and Union Territories.

Appointments in the Central Information Commission (CIC)

Authority: The President of India appoints commissioners based on the recommendation of a committee consisting of the Prime Minister (Chairperson), the Leader of Opposition in the Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister.
Composition: The CIC consists of a Chief Information Commissioner and not more than ten Information Commissioners.
Eligibility:
- They must be persons of eminence in public life with wide knowledge and experience in law, science, journalism, mass media, administration, and governance.
- They must not be a Member of Parliament or the member of legislature of state or union territories.
- They must not hold any office of profit, have connections with political parties, or carry out business or any profession.
Tenure: The Chief Information Commissioner has a tenure of five years or until they attain the age of 65 years, whichever is earlier. They are not eligible for reappointment.
Removal: The Chief Information Commissioner or any other information commissioner can be removed by the President based on the following:
- If he/she is adjudged insolvent;
- If he/she has been convicted in an offence that involves moral turpitude;
- If he/she engages in paid employment outside official duties;
- If he/she is unfit in terms of mind or body to continue in the position;
- If he/she has acquired financial interest that could prejudice his/her decision.
- He/she can also be removed on account of proven misbehavior or incapacity. However, the court has to refer the matter to the Supreme Court for enquiry.
Emoluments: Salary advances and other conditions of service of commissioners are similar to commissioners of the Election Commission. They cannot be varied post-appointment.

Central Information Commission (CIC): Its Powers and Functions

Enquire into Complaints: The Central Information Commission is required to enquire into complaints from a person, who:
- Has not been able to submit RTI request due to non-appointment of Public Information Officer;
- Has been refused information;
- Has not received information within the specified time;
- Thinks the charges for information are high;
- Thinks information given is incomplete.
Suo Motu Enquiry: The Central Information Commission can suo motu enquire into any matter if there are reasonable grounds.
Powers of Civil Court: In following cases, the commission has powers of a civil court:
- Summoning and enforcing attendance of a person and also enabling them to give evidence;
- Requiring discovery and inspection of documents;
- Receiving evidence on affidavit;
- Obtaining any public record from any court or office;
- Issuing summons for examining witness or documents;
Examining Record: The Central Information Commission can examine records which are under the control of public authority and no such records can be withheld on any grounds.
Submit Annual Report: The Central Information Commission submits an annual report to the union government on the implementation of the provisions of the act.
Ensuring Conformity: If any public authority does not follow provisions of the act, the commission may recommend steps to be taken to ensure conformity.

Central Information Commission (CIC): Criticism

Lack of Commissioners: In many states and also the center, the position of information commissioner is pending, affecting their functioning.
Slow Disposal of Cases: Studies have shown that disposal of cases submitted to the Central Information Commission is very slow, leading to pile up.
Limited Powers: The Central Information Commission has powers to give information and not to take any action, due to which their decisions are hardly implemented.

Way Forward

Filling Vacant Position: Filling vacant positions in the Central Information Commission must be prioritized to enable optimal functioning.
Political Parties under Purview: Steps must be taken to bring political parties under the mandate of the Right to Information Act. This could ensure transparency in their functioning.
Private Institutions: Private institutions that are involved in public works must be brought under the ambit of RTI.

Right to Information Act, 2005

Background: The origin can be traced back to the Raj Narain vs the State of Uttar Pradesh case of 1976, when the Supreme Court ruled that Right to information will be treated as a fundamental right under article 19.
Aim: The act aims to empower citizens, promote openness and accountability in government functions, combat corruption, and realize true goals of democracy.
Type of Information that can be accessed: Information that the government can disclose to the parliament can be obtained from the government authorities under RTI.
- This information can be in the form of documents, orders, circulars, email, advice, opinion, press release, memo, reports, data materials in electronic form etc.
Exemption: Information that can affect the sovereignty and the integrity of India is exempted from the purview of RTI.
- Information such as internal security, relations with foreign countries, intellectual property rights (IPR), cabinet discussions do not come under the ambit of RTI.
Authority under the Ambit of the Act: The act covers “public authorities” which includes authorities, bodies, institution of self government which is formed:
- by the Constitution
- by a law of Parliament or a State Legislature
- by a notification of the State or Central Governments
Eligibility: Any individual without any minimum and maximum age limit can submit a request for information under RTI Act.
Significance
- Question Government: RTI is a tool for citizens to question the government and keep a check on abuse of power.
- Transparency: RTI mechanism has enabled the government and related authorities to function in a transparent and accountable manner.
- Anti-corruption: RTI is being used to reduce corruption in public bodies. RTI has the potential to expose corruption, human rights violations, and wrongdoings by the state.
Criticism
- Lack of manpower: There is lack of manpower to handle the increasing cases of RTI filed by the citizens.
- Personal Vendetta: RTI has been used for personal vendetta, to blackmail government officials and also for the purpose of extortion.

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Central Information Commission FAQs

Central Information Commission (CIC) is a statutory body authorized body in India to act upon complaints received from individuals who have not received satisfiable response under the Right to Information Act (RTI Act).

The President of India appoints commissioners based on the recommendation of a committee consisting of the Prime Minister (Chairperson), the Leader of Opposition in the Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister.

The Chief Information Commissioner has tenure of five years or until they attain the age of 65 years, whichever is earlier. They are not eligible for reappointment.

RTI is an act that aims to empower citizens, promote openness and accountability in government functions, combat corruption, and realize true goals of democracy

The act covers “public authorities” which includes authorities, bodies, institution of self government which is formed: by the Constitution by a law of Parliament or a State Legislature by a notification of the State or Central Governments

Information that can affect the sovereignty and the integrity of India is exempted from the purview of RTI. Information such as internal security, relations with foreign countries, intellectual property rights (IPR), cabinet discussions do not come under the ambit of RTI.

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Central Information Commission (CIC): Origin, Members, and Functions

Origin of Central Information Commission (CIC)

Appointments in the Central Information Commission (CIC)

Central Information Commission (CIC): Its Powers and Functions

Central Information Commission (CIC): Criticism

Way Forward

Central Information Commission FAQs

What is the Central Information Commission (CIC)?

Who appoints the Central Information Commissioner?

What is the Tenure of the Central Information Commissioner?

What is the Right to Information Act, 2005?

RTI Covers which Institutions?

Which type of information is exempted under RTI?

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