52. Central Information Commission Flashcards
Composition: CIC
The CIC consists of a Chief Information Commissioner and NOT more than 10 Information Commissioners.
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
- Union cabinet minister nominated by PM
They should 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.
They should not be a Member of Parliament or Member of the Legislature of any state or Union Territory.
They should not hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.
Establishment: CIC
The CIC was established by the Central Govt in 2005.
It was constituted through an Official Gazette Notification under the provisions of the RIGHT TO INFORMATION ACT (2005). Hence, it is not a constitutional body.
The CIC is a high-powered independent body which inter alia looks into the complaints made to it and decide the appeals.
It entertains complaints and appeals pertaining to offices, financial institutions, public sector undertakings, etc., under the Central Govt and the Union Territories.
Tenure and service conditions: CIC
The Chief Information Commissioner and an Information Commissioner hold office for a term of 5 years or until they attain the age of 65 years, whichever is earlier.
They are NOT eligible for reappointment.
The President can remove the Chief Information Commissioner or any Information Commissioner from the office under the following circumstances:
- If he is ADJUDGED an INSOLVENT; or
- CONVICTED of an offence (involving, MORAL TURPITUDE); or
- PAID EMPLOYMENT outside (during his term of CIC office)
- INFIRMITY of MIND and BODY; or
- Acquired FINANCIAL INTEREST (affecting prejudicially his CIC duties)
In addition to these, the President can also remove the Chief Information Commissioner or any Information Commissioner on grounds of proved MISBEHAVIOUR or INCAPACITY (in accordance with the approval of Supreme Court)
Powers and functions: CIC
The powers and functions of the CIC are:
- It is the duty of the commission TO RECEIVE and INQUIRE into a complaint form any person:
a) who has NOT BEEN ABLE TO SUBMIT AN INFORMATION REQUEST DUE TO NON APPOINTMENT of a PUBLIC INFORMATION OFFICER;
b) who has been REFUSED INFORMATION that was REQUESTED;
c) who has NOT RECEIVED REPLY TO HIS INFORMATION REQUEST within specified time limit.
d) who thinks FEES CHARGED ARE UNREASONABLE.
e) who thinks INFORMATION GIVEN IS INCOMPLETE, MISLEADING or FALSE; and
f) ANY MATTER RELATING TO OBTAINING INFORMATION. - The Commission can order INQUIRY INTO ANY MATTER if there are reasonable grounds (suo-moto powers).
- While inquiring, the Commission HAS THE POWERS OF A CIVIL COURT relevant to its inquiry in respect of the following matters:
a) summoning and enforcing attendance of persons and compelling them to give oral or written evidence on oath or produce documents or things;
b) requiring the discovery and inspection of documents;
c) receiving evidence of affidavit;
d) requisitioning any public record from any court or office;
e) issuing summons for examination of witnesses or documents; and
f) any other matter which may be prescribed. - ALL PUBLIC RECORDS MUST BE GIVEN to the Commission during inquiry for examination.
- POWER TO SECURE COMPLIANCE of its decisions from the public authority. This Includes,
a) providing access to information in a particular form;
b) directing the public authority to appoint a public information officer where none exist;
c) publishing information or categories of information;
d) making necessary changes to the practices relating to management,
maintenance and destruction of records;
e) enhancing training provision for officials on the right to information;
f) seeking an annual report form the public authority on compliance with this act;
g) requiring public authority to compensate for any loss or other detriment suffered by the applicant;
h) imposing penalties under this act; and
i) rejecting application.
6) commission submits annual report to the Central govt on the implementation of the provisions of this Act. The Central govt places this report before each House of Parliament.
7) When a public authority does not conform to the provisions of this Act, the Commission may recommend steps (to the authority) which ought to be taken for promoting such conformity.
