Introduction
The Central Information Commission (CIC) and State Information Commissions (SICs) are statutory bodies established under the Right to Information Act, 2005 in India. They are responsible for ensuring the effective implementation of the RTI Act, which grants citizens the right to access information held by public authorities. These commissions adjudicate on appeals and complaints and play a crucial role in promoting transparency and accountability in governance.
Parameter |
Central Information Commissions (CIC) |
State Information Commissions (SIC) |
Basics |
Statutory Body formed under the Act of Parliament (RTI Act 2005). |
Vision |
To play a dynamic role in ensuring effective and efficient participation of all the stakeholders as envisaged by the RTI Act, through the exercise of powers conferred on, and by performing functions assigned to the Central Information Commission in an accountable, responsive and transparent manner. |
Mission |
Ensuring smoother and greater access to information envisaged under the RTI Act, 2005 , to Indian citizens through a citizen-centric approach |
Key Objectives |
- To receive and inquire into complaints from any citizen as provided in Section 18 of the RTI Act, 2005
- To receive and decide upon the second appeals from any citizen as provided in Section 19 of the RTI Act, 2005 and RTI rules 2012
- To exercise the powers conferred on Central Information Commission (CIC) under the RTI Act, 2005
- To perform the duty of ” Monitoring and Reporting ” as provided in Section 25 of the RTI Act, 2005
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Composition |
Chief Information Commissioner/State Chief Information Commissioner and other ICs (Not more than 10). |
Appointment |
- By President.
- CIC Selection Committee (3 Members): PM, Leader of Opposition (LS) and Union Cabinet Minister nominated by PM.
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- By Governor
- SIC Selection Committee (3 Members): CM, Leader of Opposition (SLA) and State cabinet minister nominated by CM.
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Tenure |
- The term as prescribed by the Central Government or age of 65 years.
- Not eligible for reappointment.
- Information commissioners are eligible for respective Chief IC but total term not more than 5 years.
- State Information Commissioners are eligible for appointment as State Chief IC, but the total term is not more than 5 years, including his/her term as State Information Commissioner).
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Qualification and Salary |
- Persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.
- Not a Member of Parliament or Member of the Legislature of any State or Union Territory.
- Does not hold any other office of profit or connected with any political party or pursuing any profession.
- Salary decided by the Central Government and cannot be varied to his disadvantage during service.
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Resignation |
To the President. |
To Governor |
Removal |
The President/Governor has the authority to remove the Chief Information Commissioner/State Chief Information Commissioner or any Information Commissioner from office under the following circumstances:
- Adjudged insolvent.
- Convicted of an offense, which, in the opinion of the President, involves moral turpitude.
- Engages in paid employment outside the duties of the office during the term.
- Deemed unfit to continue in office due to infirmity of mind or body, as per the President’s opinion.
- Acquires financial or other interests likely to adversely affect official functions.
- The President/Governor can also remove them for proved misbehavior or incapacity.
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- However, in this case, the president has to refer the matter to the Supreme Court for an enquiry.
- If the SC, after the enquiry, upholds the cause of removal and advises so, the president can remove them.
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Functions of Central Information Commission (CIC)/SIC
- The Commission is obligated to receive and investigate complaints from any individual related to matters including
- Unavailability of information requests due to the non-appointment of a Public Information Officer.
- Denied information that was requested.
- Not received a response to their information request within the specified time limits.
- Believes the fees charged are unreasonable.
- Believes the information provided is incomplete, misleading, or false.
- Any other matter related to obtaining information.
- Suo-moto Power: The Commission can order an inquiry into any matter if there are reasonable grounds.
- Power of Civil Court: During the inquiry, the Commission is vested with the powers of a civil court.
- All public records must be given to the Commission during inquiry for examination
- The Commission has the power to secure compliance of its decisions from the public authority.
- Penalties and Disciplinary Actions: The Commission can impose a penalty on the Public Information Officer at the rate of Rs. 250 per day up to a maximum of Rs.25,000. It can also recommend disciplinary action against the errant official.
- Report: Central Information Commission (CIC) submits an annual report to the Central Government. The Central Government places this report before each House of Parliament, whereas SIC submits an annual report to the State Government on the implementation of the provisions of this Act. The State Government places this report before the State Legislature.
- Conformity with the Right to Information Act: When a public authority does not conform to the provisions of this Act, the Commission may recommend (to the authority) steps that ought to be taken to promote such conformity.
Conclusion
The Central Information Commission (CIC) and State Information Commissions (SICs) empower citizens to access information held by public authorities. Their efforts contribute to fostering a culture of openness and accountability in both the central and state governments, thereby strengthening democracy and promoting good governance.