29-03-2023
GS-II
Sub-Categories:
GS-II: Governance
GS-II: Polity
- What are Central Information Commission (CIC) and State Information Commissions (SIC)?
- What are the salient features of CIC and SIC?
- What are the powers and functions of CIC and SIC?
- What are the changes to CIC and SIC under the RTI Amendments Act 2019?
- What are the challenges associated with CIC and SIC?
- Video
Prelims: Indian Polity
Mains: Statutory, Regulatory and various Quasi-judicial Bodies.
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 |
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Appointment |
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Eligibility |
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Tenure |
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Reappointment |
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Removal |
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Salary and Allowances |
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Jurisdiction |
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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.
Video
Previous Year Questions
Mains
Q) Some recent developments such as introduction of RTI Act, media and judicial activism, etc., are proving helpful in bringing about greater transparency and accountability in the functioning of the government. However, it is also being observed that at times the CPIO mechanisms are misused. Another negative effect is that the officers are now afraid to make prompt decisions. Analyze this situation in detail and suggest how this dichotomy can be resolved. Suggest how these negative impacts can be minimized. (2015)
Q) The Right to Information Act is not all about citizens’ empowerment alone, it essentially redefines the concept of accountability. Discuss.(2018)
Frequently Asked Questions (FAQs) related to the topic
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.