Central Information Commission (CIC)

At a Glance

• What it is High-powered independent body deciding RTI complaints and appeals
• Established 2005 under the Right to Information Act
• Members Chief Information Commissioner and up to ten Information Commissioners
• Nature Statutory, not constitutional
• Exam link UPSC Prelims, Polity: Non-Constitutional Bodies

Where Does It Fit?

This is the last topic of the category on Non-Constitutional Bodies. The Central Information Commission was established by the Central Government in 2005 under the provisions of the Right to Information Act, 2005. It is therefore not a constitutional body. It looks into complaints made to it and decides appeals relating to offices, financial institutions and public sector undertakings under the Central Government and Union territories.

Composition and Appointment

The Commission consists of a Chief Information Commissioner and not more than ten Information Commissioners, appointed by the President on the recommendation of a committee of the Prime Minister as Chairperson, the Leader of the Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister. Where the Leader of Opposition has not been recognised as such, the leader of the single largest opposition group in the Lok Sabha is deemed to be the Leader of the Opposition. They should be 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. They should not be a Member of Parliament or of the legislature of any state or Union territory, hold any other office of profit, be connected with any political party, or carry on any business or profession.

Tenure, Service Conditions and Removal

The Chief Information Commissioner and an Information Commissioner hold office for such term as prescribed by the Central Government or until the age of 65 years, whichever is earlier, and are not eligible for reappointment. An Information Commissioner is eligible for appointment as the Chief Information Commissioner but cannot hold office for more than a total of five years including his or her term as Information Commissioner. Salary, allowances and other service conditions are prescribed by the Central Government and cannot be varied to the disadvantage of the person during service.

The President can remove the Chief Information Commissioner or an Information Commissioner who is adjudged insolvent, is convicted of an offence involving moral turpitude, engages in paid employment outside the duties of the office, is unfit by infirmity of mind or body, or has acquired a financial or other interest likely to prejudice official functions. The President can also remove for proved misbehaviour or incapacity, but must first refer the matter to the Supreme Court for inquiry, and acts when it upholds the cause and advises removal. The person is deemed guilty of misbehaviour if concerned or interested in a contract with the Central Government or sharing in its profit, except as a member of an incorporated company.

Powers and Functions

1. Receive and inquire into a complaint from any person who has not been able to submit an information request because no Public Information Officer was appointed, who has been refused information, who has not received a response within the time limits, who thinks the fees are unreasonable, who thinks the information is incomplete, misleading or false, or on any other matter relating to obtaining information.
2. Order an inquiry into any matter on reasonable grounds, on its own motion (suo motu power).
3. Exercise the powers of a civil court: summoning and enforcing attendance of persons and compelling oral or written evidence on oath and production of documents; requiring discovery and inspection of documents; receiving evidence on affidavit; requisitioning public records; issuing summons for examination of witnesses or documents; and any other matter prescribed.
4. Examine any record under the control of the public authority during inquiry, and no such record can be withheld from it on any ground.
5. Secure compliance with its decisions, which may include providing access to information in a particular form; directing the appointment of a Public Information Officer where none exists; publishing information or categories of information; changes to record management practices; more training of officials on the Right to Information; seeking an annual compliance report; requiring compensation to the applicant for loss or detriment; imposing penalties; and rejecting the application.
6. Submit an annual report to the Central Government on implementation, placed before each House of Parliament.
7. Recommend steps for conformity with the Act when a public authority does not conform.

Penalty Power

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, and can also recommend disciplinary action against the errant official.

The state counterpart is the State Information Commission, which works under the same Act for state-level public authorities.

Why Is This Topic Important?

• RTI linkage Closely tied to the RTI Act topic in the next category
• Composition Appointing committee and removal
• Penalty figures Frequently asked

What Came Next?

The next category covers Governance, beginning with the Right to Information Act, 2005.

Key People and Terms

• Public Information Officer Official who handles RTI requests
• Suo moto power Inquiry on its own initiative
• Office of profit Paid public office barred
• Penalty Rs 250 per day up to Rs 25,000
• State Information Commission State counterpart

Exam Corner

Mains Angle

Questions on this topic usually ask about the effectiveness of the RTI regime. Use these points to add depth.

• Independence Appointment committee and removal
• Penalty power Compliance enforcement
• Access to records No withholding during inquiry
• Suo motu inquiry Proactive role