Central Information Commission (CIC) in India- UPSC Notes

“Where a society has chosen to accept democracy as its creedal faith, it is elementary that the citizens ought to know what their government is doing”.                      

~Justice P N Bhagwati

Transparency and accountability in governance are essential elements of a participatory democracy. Lack of relevant information hinders citizens from engaging in discussions related to the social, political, or economic matters affecting the country. However, until 2005, the citizens in India had no access to information as a matter of right related to public authorities.

Even though the right to information is implicit in Article 19(1) (a) of the Indian Constitution, it was restricted by the Official Secrets Act 1923.

In such a scenario, the judiciary played an active role in several judicial pronouncements, such as SP Gupta Vs Union of India and Prabhu Dutt Vs Union of India; the court held that citizens have the right to know about the functioning of the government, as part of freedom of the press.

These judicial pronouncements compelled the government of India to come up with the Freedom of Information Act 2002. However, due to several restrictions, the act failed to achieve its objectives. Ultimately, this act was replaced by the Right to Information Act 2005.

Central Information Commission

The Central Information Commission is a non-constitutional statutory body established under section 12 (1) Right to Information Act, 2005. It has been mandated to act upon the complaints and appeals concerning offices, financial institutions, and Public sector undertakings under the central government and the Union territories.

The Commission is also entrusted with the duty of monitoring the public authorities and sending reports to the Parliament about the implementation of the provisions of the act. It also has the authority to provide recommendations about the efficient working of the act.

Composition of Central Information Commission

Section 12 (2) of the act provides for the Chief Information Commissioner (CIC) and not more than 10 central information commissioners.

Qualification of members of Central  Information Commission

The Chief Information Commissioner and information commissioners should be a person of eminence in public life, possessing extensive knowledge and expertise in fields such as law, science and technology, social service, management, journalism, mass media, or administration and governance.

Further, the chief information commissioner and information commissioner should not be an MP or MLA of any state or union territory or, hold any other office of profit or related to any political party or carrying any business or profession.

Appointment of Central Information Commission

The President appoints the chief information commissioner and other information commissioner on the recommendation of a selection committee consisting of:

1. The Prime Minister (Chairperson of the selection committee);
2. The leader of the opposition (LoP) of the Lok Sabha and
3. A Union Minister (nominated by the PM)

Note: Where the leader of the opposition is not recognized as such, the leader of the single largest party in the lower house will be deemed as the leader of the opposition in the Lok Sabha.

Service Conditions of the CIC and ICs

In 2019, the central government changed the service conditions of the CIC and ICs by amending section 13 of the Right to Information Act, 2005. Here is the comparison of the earlier service condition with the existing one.

	RTI Act, 2005	RTI (Amendment) Act, 2019
Term	The Chief Information Commissioner (CIC) and Information Commissioners (ICs) at the central level will hold office for a period of 5 years or up to the age of 65 years, whichever is earlier.	The act repealed this provision and authorised the central government to determine the terms of office of the CIC and ICs. As per rules notified under this act, the central and state CIC and ICs hold office for a period of 3 years from the date of entering the office.
Pay	The salaries of the CIC and ICs will be equivalent to the salaries paid to the Chief Election Commissioner and Election Commissioners, respectively.	The act repealed this provision and authorised the central government to determine the salary, allowances and other service conditions of the central and state CIC and ICs. As per notified rules, the salary of the CIC has been fixed at ₹2.5 lakhs per month and of the ICs at 2.25 lakhs per month.   Note: The salary and allowances of the CIC and ICs cannot be varied to their disadvantage during service.
Reappointment	The CIC is not eligible for reappointment; however, ICs can be appointed as CIC (but maximum duration, including their term, as IC cannot exceed 5 years). Note: They are not barred from taking up employment under Union or state government upon retiring from the office	-No change-

Removal of the CIC or ICs

As per section 14 (1) of the RTI Act, the chief information commissioner and other information commissioners can be removed only on the order of the President on the grounds of proved misbehaviour or incapacity after the Supreme Court (on the reference made by the President) holds an enquiry and upholds the charges made and advises so.

Note: If the Chief Information Commissioner or an Information Commissioner is involved or has a vested interest in any government contract, agreement, or benefits resulting from it, except as a member of an incorporated company, it is considered as misbehaviour for the purposes of section 14 (1).

Additionally, the President may order the removal of the CIC and ICs in the following circumstances:

1. If s/he is adjudged an insolvent;
2. Has been convicted of an offence which, in the opinion of the President, qualifies as moral turpitude;
3. Takes on any paid employment outside of their official responsibilities while serving in office;
4. Is, in the opinion of the President of India, unfit to continue in office by reason of infirmity of mind or body;
5. Has acquired such financial or other interest that might adversely affect his/her role as the Chief Information Commissioner or an Information Commissioner.