Central Information Commission (CIC): Ensuring Transparency & Accountability under RTI Act

The Central Information Commission (CIC) is a key body in India that ensures citizens can access information from the government under the Right to Information (RTI) Act, 2005. Established in 2005, the CIC promotes transparency and accountability within public authorities. It serves as an independent statutory body, investigating complaints and enforcing compliance with the RTI Act. The Commission plays a vital role in empowering citizens and fostering a culture of openness in governance.

Central Information Commission (CIC)

Information Commissions and ITs Structure

• Role of Information Commissions: The Information Commissions in India play a pivotal role in the implementation and enforcement of the Right to Information (RTI) Act 2005. 
• Purpose of the RTI Act: The RTI Act was enacted to promote transparency and accountability in the working of every public authority. 
• Structure of the Information Commissions: The setup includes the Central Information Commission (CIC) at the national level and State Information Commissions (SICs) at the state level.

Central Information Commission (CIC)

• Overview of CIC: The Central Information Commission (CIC) of India is an independent and autonomous statutory body established with the primary purpose of ensuring transparency and accountability in the functioning of government institutions and to promote the right to information for Indian citizens. 
• Establishment and Legal Framework: It was constituted under the provisions of the Right to Information Act (2005). 
  • Hence, it is not a Constitutional body but a Statutory body and works under the Ministry of Personnel.

Establishment

• The Central Information Commission was established on October 12, 2005, through Section 12 of the Right to Information Act, 2005. 
• This Act empowers citizens to seek information from public authorities, making the government more transparent and accountable.

Structure and Composition of CIC

• An Eleven member body: The Central Information Commission (CIC) comprises a Chief Information Commissioner (CIC) and up to ten Information Commissioners (ICs). 
• Appointment: Their appointments are made by the President of India following the recommendations of a selection committee. 
  • This committee includes the Prime Minister, the Leader of the Opposition or the leader of the single largest opposition political party in the Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister.
• Qualification:  Members of the commission need to be individuals of notable standing in public life with extensive knowledge and experience in fields such as law, science, technology, social service, management, journalism, mass media, administration, and governance.
• Exclusion of MPs and MLAs: The member of Parliament or a Member of the Legislature of any State or Union Territory cannot become the members of the commission. 
  • Furthermore, they should not occupy any other office that provides financial gain, have affiliations with any political party, or engage in business or a profession.

Terms of Service

• Term of Office: The Chief Information Commissioner, or Information Commissioners, as the case may be, shall hold office for a period of three years from the date on which he enters upon his office.
• Reappointment Eligibility: They are not eligible for reappointment after retirement or resignation. 
• Appointment as Chief Information Commissioner: However, the Information Commissioner can be appointed as Chief Information Commissioner but he cannot hold office for more than a total of three years including his term as Information Commissioner.

Removal

• Grounds for Removal: However, if it is on the ground of proved misbehaviour or incapacity the President has to refer the matter to the Supreme Court for an enquiry. 
  • If the Supreme Court after the enquiry upholds the cause of removal and recommends, then the President can remove him.

Powers and Functions of the Commission

• Powers and Functions of the Commission under the RTI Act: The Commission has certain powers and functions mentioned in Sections 18, 19, 20 and 25 of the RTI Act, 2005. 
  • The decisions of the Commission are final and binding.
• These sections broadly relate to-
  • adjudication in second appeal for giving information;
  •  direction for record keeping,
  • suo-motu disclosures receiving and enquiring into a complaint on inability to file RTI etc;
  •  imposition of penalties and
  • Monitoring and Reporting, including preparation of an Annual Report.
• Responsibilities Under Section 18 of the RTI Act: According to Section 18 of RTI Act, the Commission is tasked with the responsibility to receive and investigate complaints from individuals in the following situations:
  • When they are unable to file an information request due to the absence of a Public Information Officer.
  • When their information requests have been denied.
  • When they have not received a response within the prescribed time limits.
  •  When they find the fees charged for information to be unreasonable.
  • When the information provided is deemed incomplete, misleading, or false.
  • Any other matter related to obtaining information.

• • Suo-Moto Inquiry Authority: The Commission has the authority to initiate an inquiry into any matter if there are reasonable grounds to do so (suo-moto power).

• Powers During Inquiry Similar to Civil Court: During the course of an inquiry, the Commission possesses the powers similar to those of a civil court under the Code of Civil Procedures, 1908 in the following aspects:

• • Summoning and compelling individuals to provide oral or written evidence under oath and to produce documents or items.
  • Requesting the discovery and inspection of documents.
  • Accepting evidence on affidavit.
  • Requisitioning public records from courts or offices.
  • Issuing summons for the examination of witnesses or documents.
  • Any other matter that may be specified.

• • Authority to Scrutinize Records: While investigating a complaint, the Commission has the authority to scrutinise any record under the control of the public authority, and no record may be withheld from its scrutiny on any grounds. 
    • In other words, all public records must be made available to the Commission for examination during the inquiry.
  • Exceptions to Disclosure of Information: Except the information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security or interests of the State, relation with foreign State or lead to incitement of an offence and other such matters listed in Section 8 of RTI Act, 2005. 

• Enforcement of Compliance: The Commission is empowered to enforce compliance with its decisions by public authorities are as follows-

• • Ensuring access to information in a specific format.
  • Directing the appointment of a Public Information Officer in cases where none exists.
  • Publishing information or categories of information.
  • Implementing necessary changes in practices related to the management, maintenance, and disposal of records.
  • Enhancing training for officials on the Right to Information.
  • Requesting an annual report from the Public Authority on compliance with this Act.
  • Mandating the Public Authority to provide compensation for any losses or harm suffered by the applicant.
  • Imposing penalties as per the provisions of this Act.
  • Rejecting the application when deemed necessary.

• Annual Report Submission: The Commission annually submits a report to the Central Government detailing the implementation of the provisions of this Act. 
  • The Central Government subsequently presents this report toAnnual Report Submission
• Recommendations for Non-Compliance: In cases where a public authority fails to adhere to the stipulations of this Act, the Commission may recommend corrective actions to promote compliance to the concerned authority.

The RTI (Amendment) Act, 2019

The Parliament of India passed the RTI (Amendment) Act, 2019 to further streamline and institutionalize the RTI Act of 2005. Key features of the amendments are:

• Alteration of Fixed Term: The amendment abolished the provision that originally dictated a fixed term of five years for the Central Information Commissioner (CIC) and Information Commissioners (ICs). 
  • Instead, it stipulates that the Central government will unilaterally specify the duration of office for the CIC and ICs.
• Determination of Remuneration: Initially, the law dictated that the salaries of the CIC and ICs at the central level should be on par with those of the Chief Election Commissioner and Election Commissioners, respectively. 
  • Likewise, the salaries of the CIC and ICs at the State level were to align with those of the Election Commissioners and the Chief Secretary. 
  • However, the amendment confers authority upon the Central Government to decide the salary for both Central and State CICs and ICs.
• Determination of conditions of service: It empowers the Central Government to make decisions about “conditions of service” not explicitly covered under the rules, exercising its residuary powers. 
  • In such instances, the determinations made by the Central Government hold binding authority over the ICs. 
  • Furthermore, the government possesses the ability to “relax” the applicability of provisions.

Issues with the Amendments

• Central Government Authority: The Amendment Act grants the Central government sole authority in determining the duration of service, remuneration, allowances, and other service conditions for Information Commissioners, both at the Central and State levels. 
  • This also goes against the Principle of Federalism.
• Neglect of Parliamentary Standing Committee Recommendation: The amendment neglects the recommendation of the Parliamentary Standing Committee, which recommended that the ICs and CICs should be at par with the Election Commissioner and the CEC, respectively.
• Erosion of RTI Framework Independence: The amendments erode a vital component of the Right to Information (RTI) framework which was based on the independence of the Information Commissions from the government. 
  • MP Shashi Tharoor called this bill an “RTI elimination Bill” that erodes the organisation’s independence.

Difference Between RTI ACT, 2005 and RTI Amendment, 2019

Conclusion

The CIC is essential for maintaining democracy and encouraging active citizen participation in India. 

• While it has successfully challenged the culture of secrecy in government, recent amendments raise concerns about its independence and effectiveness. To strengthen transparency, it is crucial to limit government interference and uphold the rights granted by the RTI Act. 
• Continuous efforts are needed to ensure that the CIC can operate effectively and serve the interests of the public.

DOWNLOAD PDF