Recently, the Supreme Court slammed the Centre and States for delay in appointing Information Commissioners to decide citizens’ rights under the Right to Information Act. 

• Vacancies in the Central Information Commission (CIC):
  • Currently eight vacant posts of Information Commissioners in the CIC.
  • Over 23,000 appeals are pending from citizens seeking information from various government departments.
• State Information Commissions:
  • Several State Information Commissions have been defunct since 2020.
  • Some State Information Commissions have stopped accepting petitions under the RTI Act due to lack of personnel.

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About RTI Act, 2005

• Enactment and Implementation: The RTI Act was enacted in June 2005 and came into force in October 2005.
• Purpose: Its primary objective is to provide citizens the right to access information under the control of Public Authorities (PAs).
• Nodal Agency: Department of Personnel and Training (DoPT) under the Ministry of Personnel, Public Grievances, and Pensions (MoPPG&P).
• Institutional Framework:
  • The Central Information Commission (CIC) and State Information Commissions (SICs) are established to oversee the Act’s implementation and to address appeals regarding the denial of information.
  • Public Information Officers (PIOs) are appointed at both the central and state levels to provide information to citizens as per their requests.

Central Information Commission (CIC)

• Establishment: The CIC was established in 2005 by the Central Government under the provisions of the Right to Information Act, 2005.
• Nature: It is not a constitutional body but a statutory authority.
• Composition: The CIC comprises:
  • A Chief Information Commissioner.
  • Up to ten Information Commissioners.
• Appointment Process
  • The Chief Information Commissioner and Information Commissioners are appointed by the President of India.
  • The recommendation is made by a committee consisting of:
    • The Prime Minister as Chairperson.
    • The Leader of the Opposition in the Lok Sabha.
    • A Union Cabinet Minister nominated by the Prime Minister.
• Tenure and Conditions of Service
  • The tenure of the Chief Information Commissioner and Information Commissioners is determined by the Central Government or until they attain the age of 65 years, whichever is earlier.
  • They are not eligible for reappointment.
• Removal of Commissioners: The President can remove the Chief Information Commissioner or an Information Commissioner
• Powers and Functions
  • The CIC acts as an appellate authority under the RTI Act.
  • It is empowered to:
    • Receive and inquire into complaints related to RTI non-compliance.
    • Conduct inquiries suo moto if reasonable grounds exist.
    • Exercise civil court powers, such as summoning and requiring the production of documents.
  • The CIC entertains complaints and appeals pertaining to offices, financial institutions, public sector undertakings, and other entities under the Central Government and Union Territories.

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About State Information Commission (SIC)

• Each state government constitutes an SIC. It includes:
  • A State Chief Information Commissioner (SCIC).
  • Up to ten State Information Commissioners (SICs).
• Appointment: Members are appointed by the Governor based on recommendations from a committee consist:
  • The Chief Minister as the Chairperson,
  • The Leader of the Opposition in the State Legislative Assembly, and
  • A State Cabinet Minister nominated by the Chief Minister.
• Removal: The Governor can remove the State Chief Information Commissioner or any State Information Commissioner from the office

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