Central Information Commission, Powers, Functions, Challenges

The Central Information Commission (CIC) is an independent body established under the Right to Information Act, of 2005, to promote transparency and accountability in public authorities. Comprising a Chief Information Commissioner and up to ten Information Commissioners, the CIC addresses grievances and appeals related to information requests, ensuring citizens can access essential information. 

Despite its critical role, the CIC faces challenges such as administrative bottlenecks, resource limitations, and low public awareness. 

Central Information Commission

The Central Information Commission is a high-level independent body tasked with addressing complaints and deciding appeals related to the Right to Information Act. It handles grievances and appeals concerning various central government entities, including ministries, public sector undertakings, financial institutions, and offices under the jurisdiction of the Central Government and Union Territories. The Commission plays a crucial role in ensuring transparency and accountability within these organizations.

CIC Statutory Provision 

The Central Information Commission was established by the Central Government in 2005. It was constituted through an Official Gazette notification under the provisions of the Right to Information Act (RTI), 2005. Hence, it is not a constitutional but statutory body. The Act provides the legal framework for the CIC's functioning, detailing its composition, powers, and responsibilities.

• Section 12 of the RTI Act specifically outlines the establishment of the Commission and mandates it to ensure the effective implementation of the right to information, thereby enhancing transparency in the functioning of public authorities.

CIC Composition

The Central Information Commission is composed of a Chief Information Commissioner and up to 10 Information Commissioners. When the Commission was first established, it included five members, including the Chief Information Commissioner. Currently (2024), Heeralal Samariya serves as the Chief Information Commissioner of India. 

CIC Appointment

The Chief Information Commissioner and Information Commissioners are appointed by the President of India based on the recommendations of a selection committee. This committee is chaired by the Prime Minister and includes the Leader of the Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister.

CIC Qualifications

The appointees must be persons of eminence in public life, with significant expertise in fields such as law, science and technology, social service, management, journalism, mass media, or administration and governance. They cannot be sitting Members of Parliament or members of any State or Union Territory legislature. Additionally, they must not hold any other office of profit, have any political affiliations, or engage in any business or professional activities.

CIC Tenure and Service Conditions

The Chief Information Commissioner and Information Commissioners serve for a term serve a term of 3 years or until reaching 65 years of age, whichever comes first. They are not eligible for reappointment after completing their term. However, an Information Commissioner may be appointed as the Chief Information Commissioner, provided the combined service period does not exceed five years, including the time served as Information Commissioner. 

• Their salary, allowances, and other service conditions are set by the Central Government, but these cannot be altered to their disadvantage while they are in office, ensuring the security and independence of their positions.

CIC Removal 

The President has the authority to remove the Chief Information Commissioner or any Information Commissioner under specific conditions, including:

• if the individual is declared insolvent; 
• if convicted of an offense involving moral turpitude, as deemed by the President; 
• if the individual engages in paid employment outside the duties of their office; 
• if, in the President's opinion, they are unfit to continue due to mental or physical infirmity;
• if they acquire a financial or other interest that negatively affects their official duties.

Additionally, removal can occur on grounds of proven misbehavior or incapacity. In such cases, the President must refer the matter to the Supreme Court for an inquiry. If the Supreme Court, after investigation, confirms the cause of removal and advises it, the President can then remove the concerned individual

Central Information Commission Functions

The Central Information Commission plays a vital role in ensuring that citizens can exercise their right to access information from public authorities. It acts as a safeguard to address grievances related to the denial or mishandling of information requests. The Commission investigates complaints and ensures compliance with the provisions of the Right to Information Act. The Commission is responsible for inquiring into complaints from individuals who:

• Have been unable to submit an information request due to the non-appointment of a Public Information Officer.
• Have been denied access to the information they requested.
• Have not received a response to their information request within the specified time frame.
• Believe the fees charged for accessing the information are unreasonable.
• Feel that the information provided is incomplete, misleading, or false.
• Have any other issues related to obtaining information under the RTI Act.

Central Information Commission Powers

The Central Information Commission has broad powers to ensure transparency and compliance with the Right to Information Act. It can initiate inquiries on its own (suo motu) if there are reasonable grounds to do so. While conducting these inquiries, the Commission holds the authority of a civil court, giving it the following powers:

• Appeal Hearing: The CIC hears appeals from individuals who are dissatisfied with the responses received from public authorities under the RTI Act.
• Issuing Orders: The Commission can issue orders to public authorities to provide requested information, ensuring compliance with the RTI Act.
• Penalties: It has the authority to impose penalties on public information officers (PIOs) for failing to provide information or for providing misleading information.
• Investigative Powers: The CIC can conduct inquiries into complaints regarding non-disclosure of information.
• Guidance: It issues guidelines and recommendations for the effective implementation of the RTI Act.
• Report Submission: The CIC is required to submit annual reports to the government, detailing its activities and the status of RTI applications.

Central Information Commission Reports

The Central Information Commission is responsible for preparing an annual report that details the implementation of the provisions outlined in the Right to Information Act. The report is submitted to the Central Government, which is then presented before each House of Parliament.

Central Information Commission Challenges

Despite its critical role in promoting transparency and accountability, the Central Information Commission (CIC) encounters numerous challenges that hinder its effectiveness. These challenges stem from various sources, including administrative bottlenecks, limited resources, etc. Key challenges faced by CIC are as follows:

• Lack of Transparency: Selection criteria for CIC and SIC commissioners lack transparency, with concerns over a predominance of former bureaucrats being appointed.
• Poor Record Management: Ineffective systems for collecting information lead to delays in processing RTI applications.
• Overburdened with Appeals: The CIC faces a high volume of appeals, resulting in prolonged processing times and delays in delivering justice.
• Delay in Second Appeals: The RTI Act sets no time limit for disposing of Second Appeals, hindering efficiency.
• Poor Quality of Information: Central Public Information Officers (CPIOs) often provide unsatisfactory information to applicants.
• Low Public Awareness: There is limited awareness of the RTI Act, particularly among marginalized communities. 

Central Information Commission Way Forward 

To enhance its effectiveness and reinforce public trust, the Central Information Commission must adopt a multi-faceted approach. This includes increasing its resource allocation to handle the growing volume of RTI requests, streamlining processes to reduce delays, and improving public awareness initiatives to educate citizens about their rights. 

• Additionally, fostering collaboration with public authorities to ensure compliance with CIC orders and implementing technological advancements for better data management will be vital. 
• By addressing these challenges and promoting a culture of transparency and accountability, the CIC can empower citizens and uphold the fundamental principles of democracy.

Central Information Commission PYQs

Question 1) “Recent amendments to the Right to Information Act will have profound impact on the autonomy and independence of the Information Commission”. Discuss. (UPSC Mains 2020)

Central Information Commission FAQs

Q1. What is the role of the Central Information Commission?

Ans. The Central Information Commission (CIC) is an independent body that addresses complaints and decides appeals related to the Right to Information Act, ensuring transparency and accountability in public authorities.

Q2. What are the powers of CIC?

Ans. The CIC has the authority to summon individuals, require the submission of documents, conduct inquiries, and ensure public authorities adhere to the provisions of the RTI Act.

Q3. Who appoints the CIC?

Ans. The Chief Information Commissioner and Information Commissioners are appointed by the President of India based on recommendations from a selection committee, which includes the Prime Minister, the Leader of the Opposition in the Lok Sabha, and a Union Cabinet Minister.

Q4. What is the tenure of CIC?

Ans. The Chief Information Commissioner and Information Commissioners serve a term of 3 years from the date of appointment.

Q5. What is the qualification of the Central Information Commissioner?

Ans. The appointees must be individuals of eminence in public life with significant expertise in fields such as law, social service, journalism, or administration, and must not hold any political affiliations or engage in other business activities.