Context

  • Central Information Commission has been constituted established by the Central Government under the provisions of Right to Information Act (2005)

  • Not a constitutional body but an independent body

Compositions Central Information Commission

  • Chief Information Commissioner and 10 Information Commissioners

Appointment

By the President on the recommendation of a committee consisting of the:

  • Prime Minister as Chairperson,
  • Leader of Opposition in the Lok Sabha
  • Union Cabinet Minister nominated by the Prime Minister

Criteria

  • Not be a Member of Parliament or Member of the Legislature of any State or Union Territory
  • not hold any other office of profit or connected with any political party
  • not carrying on any business or pursuing any profession

Tenure

  • Initially 05 years or 65 years whichever is earlier
  • Now RTI Rules, 2019 has changed it of both CIC & ICs will work for 03 years
  • not eligible for reappointment
  • IC is eligible for appointment as CIC

Removal

President can remove under:

  • adjudged an insolvent
  • convicted of an offence (moral turpitude-opinionof the President)
  • engages in office of profit outside his office
  • unfit to continue (opinion of Prez)
  • acquired such financial or other interest
  • mis-behaviour or incapacity (Prez has to refer it to SC for enquiry)
  • salary, allowances and other service conditions shall be such as prescribed by the Central Government

Power and Functions 

Duty to receive and inquire into a complaint from any person:

  • who has not been able to submit an information request because of non-appointment of a Public Information Officer / refused information on request/ within specified time limits/ fees charged are unreasonable/ incomplete information/misleading/false.
  • suo-moto power Central Information Commission
  • powers of a civil court
    • summoning and enforcing /give oral or written evidence
    • discovery and inspection of documents
    • evidence on affidavit
    • requisitioning any public record from any court or office
    • issuing summons for examination of witnesses or documents
  • all public records must be given during inquiry
  • imposing penalties
  • seeking an annual report / rejecting the application
  • submits an annual report to the Central Government which will be placed before both the houses of Parliament

Note: When a public authority does not conform to the provisions of this Act, the Commission may recommend (to the authority) steps which ought to be taken for promoting such conformity

National Commissions / Central Bodies and the Related Ministries


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