Central Information Commission

• Established in 2005 under the Right to Information Act (2005).
• Not a constitutional body.
• High-powered independent body that addresses complaints and appeals.
• Deals with matters pertaining to offices, financial institutions, public sector undertakings, etc., under the Central Government and the Union Territories.

Composition

• Consists of a Chief Information Commissioner and not more than ten Information Commissioners.
• Appointed by the President based on the recommendation of a committee:
  • Prime Minister (Chairperson)
  • Leader of Opposition in the Lok Sabha
  • A Union Cabinet Minister nominated by the Prime Minister
• Must be persons of eminence with knowledge and experience in:
  • Law
  • Science and Technology
  • Social Service
  • Management
  • Journalism
  • Mass Media
  • Administration
  • Governance
• Should not be a Member of Parliament or State Legislature, hold any office of profit, be connected with any political party, or carry on any business/profession.

Tenure and Service Conditions

• Hold office for a term prescribed by the Central Government or until the age of 65, whichever is earlier.
• Not eligible for reappointment.
• Removal by the President under the following circumstances:
  • Adjudged an insolvent
  • Convicted of an offence involving moral turpitude (in the opinion of the President)
  • Engages in paid employment outside the duties of the office
  • Unfit to continue in office due to infirmity of mind or body (in the opinion of the President)
  • Acquired financial or other interest likely to affect official functions prejudicially
• An Information Commissioner is eligible for appointment as Chief Information Commissioner but cannot hold office for more than a total of five years

Powers and Functions

• Duty to receive and inquire into complaints from any person:
  • Unable to submit an information request due to non-appointment of a Public Information Officer.
  • Refused information that was requested.
  • Has not received a response within specified time limits.
  • Thinks the fees charged are unreasonable.
  • Thinks information given is incomplete, misleading, or false.
  • Any other matter relating to obtaining information.
• Can order inquiry into any matter if there are reasonable grounds (suo-moto power).
• Powers of a civil court while inquiring:
  • Summoning and enforcing attendance of persons and compelling them to give evidence
  • Requiring discovery and inspection of documents
  • Receiving evidence on affidavit
  • Requisitioning public records
  • Issuing summons for examination of witnesses or documents
• Can examine any record under the control of the public authority, and no such record can be withheld.
• Power to secure compliance of its decisions from the public authority:
  • Providing access to information in a particular form
  • Directing appointment of a Public Information Officer
  • Publishing information
  • Making changes to practices related to management, maintenance and destruction of records
  • Enhancing training provisions on the right to information
  • Seeking an annual report on compliance with the Act
• Requiring the public authority to compensate for any loss or detriment suffered by the applicant
• Imposing penalties under this Act
• Rejecting the application

Reporting

• Submits an annual report to the Central Government on the implementation of the Act.
• The Central Government places the report before each House of Parliament.

Recommendations

• May recommend steps to a public authority that does not conform to the provisions of the Act.