Wednesday, June 6, 2018

Central Information Commission

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Central Information Commission

The CIC was established by the Central Government in 2005 in accordance with the provisions of Right to Information Act (2005).

Composition and Appointment

The Commission consists of a Chief Information Commissioner and not more than ten Information Commissioners. They are appointed by the President upon the recommendation of a committee comprising:

The Prime Minister as Chairperson
The Leader of Opposition in the Lok Sabha
A Union Cabinet Minister nominated by the Prime Minister

They should be people 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 Member of the Legislature of any State or Union Territory. They should not hold any other office of profit or connected with any political party or carrying any business or pursuing any profession.

Tenure and Removal

The members of CIC hold office for a term of five years or until they attain the age of sixty-five years, whichever is earlier. They are not eligible for reappointment. The Information Commissioner is eligible for appointment as Chief Information Commissioner but cannot hold office for more than a total of five years including his term as Information Commissioner.

The President can remove any member from office under the following circumstances:

1. If he is adjudged insolvent; or
2. If he has been convicted of an offence which (in the opinion of the Central Government) involves a moral turpitude; or
3. If he engages, during his term of office, in any paid employment outside the duties of his office; or
4. If he is (in the opinion of the President), unfit to continue in office by reason of infirmity of mind or body; or
5. If he has acquired such financial or other interest as is likely to affect prejudicially his official functions.

In addition, the President can remove any member on the grounds of proved misbehavior or incapacity. However, in this case, the President has to refer the matter to the Supreme Court for an enquiry. If, after the enquiry, Supreme Court upholds the cause of removal and advises so,

Student Notes:

the President can remove him. He is deemed to be guilty of misbehavior if:

He is concerned or interested in any contract or agreement made by the Central Government, or
He participates in any way in the profit of such contract or agreement or in any benefit or emolument arising there from otherwise than as a member and in common with the other members of an incorporated company.

Powers and Functions of Information Commissions
1. The  Central  Information  Commission/State  Information  Commission  has  a  duty  to receive complaints from any person:
Who has not been able to submit an information request because a PIO has not been appointed
Who has been refused information that was requested;
Who has received no response to his/her information request within the specified time limits
Who thinks the fees charged are unreasonable
Who thinks information given is incomplete or false or misleading
Any other matter relating to obtaining information under this law
2. Power to order inquiry if there are reasonable grounds (suo moto power)
3. The Commission has the powers of Civil Court
4. All records covered by this law (including those covered by exemptions) must be given to CIC/SIC during inquiry for examination
5. Power to secure compliance of its decisions from the public authority includes:
Providing access to information in a particular form
Directing the public authority to appoint a PIO/APIO where none exists
Publishing information or categories of information
Making necessary changes to the practices relating to management, maintenance and destruction of records
Enhancing training provision for officials on RTI
Seeking an annual report from the public authority on compliance with this law
Requiring it to compensate for any loss or other detriment suffered by the applicant
Imposing penalties under this law
Rejecting the application
6. The CIC submits annual report to the Central Government, which tables it in both the Houses of Parliament. The SIC will submit the annual report to State Government, which places it before the State Legislature (both Houses wherever applicable).
7. When a public authority does not confirm to provisions of RTI Act, the Commission may recommend (to the authority) steps, which ought to be taken for promoting such conformity.

The State Information Commission performs similar functions with respect to offices, financial institutions, public sector undertakings, etc. which fall under the concerned State Government.

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