Central Information Commission and State Information Commission

Q: Which public authorities are exempted from providing information under the RTI Act?

Intelligence and security organizations specified in the Second Schedule to the Act are exempted from furnishing information under the Act. However, this exemption does not apply if the requested information pertains to the allegations of corruption and human rights violations. Examples: Intelligence Bureau, Research and Analysis Wing, Central Bureau of Investigation, etc.

Q: What type of information may be obtained under the RTI Act?

Section 2(f) of the RTI Act defines the information that can be obtained under the act. It includes any material in any form, including records, documents, memos, e-mails, opinions, advice, press releases, circulars, orders, log books, contracts, reports, papers, samples, models, data material held in any electronic form, and information relating to any private body which can be accessed by a public authority under any other law for the time being in force.

Table of Contents☰

What are Central Information Commission (CIC) and State Information Commissions (SIC)?

CIC is a statutory body constituted under section 12 of the Right to Information Act, 2005.

Similar to CIC, SIC is also a statutory body constituted under section 15 of the Right to Information Act, 2005.

The main objectives of CIC and SIC are:

To exercise the powers conferred on them under the RTI Act, 2005.
To receive and inquire into complaints from any citizen (Section 18 of the RTI Act, 2005).
To receive and decide upon the second appeal from any citizen (Section 19 of the RTI Act, 2005).
To perform the duty of ” Monitoring and Reporting ” (Section 25 of the RTI Act, 2005).

What are the salient features of CIC and SIC?

Features	CIC	SIC
Composition	CIC consists of a Chief Information Commissioner and not more than ten Information Commissioners.	SIC consists of a State Chief Information Commissioner and not more than ten State Information Commissioners.
Appointment	They are appointed by the President on the recommendation of a committee consisting of the Prime Minister as Chairperson, the Leader of Opposition in the Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister.	They are appointed by the Governor on the recommendation of a committee consisting of-Chief Minister as Chairperson, the Leader of Opposition in the Legislative Assembly, and a State Cabinet Minister nominated by the Chief Minister.
Eligibility	The members of CIC and SIC shall 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. Members shall not be a Member of Parliament, or Member of the Legislature of any State or Union Territory as the case may be, or hold any other office of profit or connected with any political party or carry on any business or pursue any profession.
Tenure	The members shall hold office for such term as prescribed by the Central Government or until they attain the age of 65 years, whichever is earlier.
Reappointment	Chief Information Commissioner is not eligible for reappointment. Each IC shall on vacating his office be eligible for appointment as the CIC. Further, His/her term of office shall not be more than five years in aggregate as the IC and the CIC.	Every State Information Commissioner shall, on vacating his office be eligible for appointment as the State Chief Information Commissioner. Further his/her term of office shall not be more than five years in aggregate as the state information commissioner and state chief information commissioner.
Removal	The President can remove the members of CIC and the Governor can remove the members of SIC from the office under the following circumstances: If the member is adjudged as an insolvent If the Central government(for CIC) /Governor(for SIC) holds him responsible for an offense involving moral turpitude/ or he is convicted for such an offense. If he engages during his term of office in any paid employment outside the duties of his office If he is declared unfit by reason of infirmity of mind or body, by the President (for CIC)/Governor (for SIC). The President/Governor can also remove the members on the ground of proved misbehavior or incapacity. In such cases, the President(for CIC)/Governor (for SIC) has to refer the matter to the Supreme Court for an enquiry. After the enquiry, if the Supreme Court upholds the cause of removal and advises so, then the President(for CIC) /Governor(for SIC) can remove him. During the inquiry by the Supreme Court the President(for CIC)/Governor(for SIC) may suspend the member from office or prohibit him from attending the office.
Salary and Allowances	The salary, allowances, and other service conditions of the members shall be as prescribed by the Central Government (RTI Amendment Act, 2019).
Jurisdiction	It extends over all Central Public Authorities.	It extends over all State Public Authorities.

What are the powers and functions of CIC and SIC?

Some of the important functions of the CIC and SIC under the RTI Act, 2005 are:

Section 18: It is a duty of the CIC and the SIC to inquire the complaints received from any person regarding information requested under RTI Act 2005
Section 19: Adjudication in the second appeal for giving information.
Section 20: Imposition of penalties by CIC and SIC if it is of opinion that the Public Information Officer, either at the central or state level, has not performed his duty and, without reasonable cause, rejects or refuses to entertain the application made by the complainant.
Access to all public records: During the inquiry, CIC and SIC can ask for any records under the control of a public authority.
Suo-moto Power: It can order an inquiry into any matter with reasonable grounds (suo-moto power). While inquiring, CIC and SIC have the powers of a civil court in respect of summoning, requiring documents, etc.
Secure Compliance: CIC and SIC have the power to secure compliance with its decisions from the public authority.
Annual Report: CIC submits an annual report to the Central Government. The central government places this report before the Parliament.
- The SIC submits an annual report to the State Government. The State Government places this report before the State Legislature.

What are the changes to CIC and SIC under the RTI Amendments Act 2019?

Changes to CIC and SIC through the RTI Amendment Act 2019 are

Term: The term of Chief Information Commissioner and Information Commissioner shall be prescribed by the Central Government.
- The term of State Chief Information Commissioner and Information Commissioner shall also be prescribed by the Central Government.
Salary, Allowances, and Services Conditions: These shall now be prescribed by the Central Government.
- Salary, Allowances, and Services Conditions of the State Chief Information Commissioner and Information Commissioner shall also be prescribed by the Central Government.

What are the challenges associated with CIC and SIC?

Some of the challenges associated with CIC and SIC are

Lack of transparency: The criteria of selection and way of working of CIC and SIC are not adequately transparent.
- Example: Recently, the Supreme Court has commented on the phenomenon of primarily former bureaucrats being appointed as commissioners, observing that ‘only one category of persons are always found to be more competent and more suitable than persons belonging to other categories’.
Poor Record Management Practices: Ineffective record management systems and procedures to collect information from field offices lead to delays in processing RTI applications.
Non-filling vacancies: Vacancies in CIC are not filled in a timely manner leading to a backlog of cases.
- Example: In the CIC, three posts of commissioners remain vacant even though the backlog of appeals/complaints currently stands at nearly 26,800 cases. (‘Report Card’ for 2021-22 by Satark Nagrik Sangathan)
Lack of capacity building: A person appointed to the post of CPIO in a public authority often lacks the required knowledge of the act to deal with the RTI application. This creates a delay in processing the delivery of the answer to the application.
Delay in disposal of appeals and complaints: The efficiency of the RTI act suffers when it comes to the disposal of a Second Appeal, as RTI Act provides a time limit within which First Appeal needs to be disposed off. However, the act doesn’t provide any limit within which the Second Appeal to CIC must be heard and disposed of.
- Example: As on June 30, 2021, 2.56 lakh appeals were pending with 26 information commissions in the country.
Poor quality of the information provided: CPIOs provide poor quality information to the applicant and complainant which the information seeker is not satisfied.
Low Public Awareness: People are not much aware of RTI, especially in the lower strata of society.