Supreme Court Orders Center to Fill Vacancies in SIC and CIC

Context:

• The Supreme Court recently ordered the central and the state governments to take steps to fill the vacancies in the Central Information Commission (CIC) and state information commissions (SICs). 

Vacancies in CIC and SIC Hinder RTI Responses

• While ordering the center and state governments, the apex court observed that the 2005 law on the right to information would become a “dead letter” if no action were taken to fill vacant posts in SIC and CIC.
• Shortage of staff in these entities has led to a massive pile-up of unheard Right to Information (RTI) applications.
• SICs in states like Jharkhand, Tripura, and Telangana have become defunct.

About Central Information Commission (CIC)

• It is a statutory body constituted under the provision of Section-12 of RTI Act 2005,  the Central Government constitutes a body to be known as the Central Information Commission.
• The CIC shall consist of the Chief Information Commissioner (CIC) and such number of Central Information Commissioners not exceeding 10 as may be deemed necessary.
• Jurisdiction:  It extends over all Central Public Authorities.
• Appointment Process of CIC/IC: The selection committee of CIC/IC consists of 
• • The Prime Minister, who shall be the Chairperson of the committee;
  • The Leader of Opposition in the Lok Sabha
  • A Union Cabinet Minister to be nominated by the Prime Minister.
• Term of office: CIC and ICs (at the central and state levels) will hold a office for a term of three years.   
  • CIC is not eligible for reappointment.
• Oath of Office:  Administered by the President of India.
• Retirement from parent service on appointment: The CIC/IC as the case may be, shall be deemed to have retired from such service with effect from the date of his appointment as  CIC/IC in the Central Information Commission.

State Information Commission (SIC) 

• Composition: The SIC will be constituted by the State Government through a Gazette notification. It consists of one State Chief Information Commissioner (SCIC) and not more than 10 State Information Commissioners (SIC) to be appointed by the Governor.
• Oath Of Office: It will be administered by the Governor according to the form set out in the First Schedule.
• Process Of Appointment:  The Appointments Committee will be headed by the Chief Minister. Other members include the Leader of the Opposition in the Legislative Assembly and one Cabinet Minister nominated by the Chief Minister.

Powers And Functions Of Information Commissions

• The Central Information Commission/State Information Commission has a duty to receive complaints from any person.
• Power to order inquiry if there are reasonable grounds.
• CIC/SCIC will have powers of Civil Court such as – 
  • summoning and enforcing attendance of persons, compelling them to give oral or written evidence on oath and to produce documents or things;
  • requiring the discovery and inspection of documents; 
  • receiving evidence on affidavit;
  • requisitioning public records or copies from any court or office 
  • issuing summons for examination of witnesses or documents
  • any other matter which may be prescribed.

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