Set up of Central Information Commission under RTI Act

 Article

Set up of Central Information Commission under RTI Act


The Right to Information Act, 2005 requires that the Central Government shall set up a Central Information Commission to exercise the powers conferred on, and to perform the functions assigned to it. Section 2 (c) defines the Central Information Commission as under: 

“Central Information Commission” means the Central Information Commission constituted under sub-section (1) of section 12 

The commission is to be headed by a Chief Information Commissioner and consist of up to ten Information Commissioners, which have been defined under Section 2 (d) as under: 

“Chief Information Commissioner” and “Information Commissioner” mean the Chief Information Commissioner and Information Commissioner appointed under sub-section (3) of section12 

Composition: The Central Information Commission shall consist of a Chief Information Commissioner and such number of Central Information Commissioners not exceeding ten as may be deemed necessary. [Section 12(2)] 

The central government has, accordingly, constituted a Central Information Commission headed by a Chief Information Commissioner.  Its constitution keeps on changing, from time to time, with the retirement/removal of existing Information Commissioners. Sh. Wajahat Habibulla, was appointed as the first Chief Information Commissioner. 

It is often seen that vacancies get filled up too late which adversely affects the working of the Commission and results in delays in disposal of appeals. On a number of occasions the Supreme Court had to intervene. 

Appointing Authority: The Chief Information Commissioner and Information Commissioners are appointed by the President on the recommendation of a committee consisting of – 

    (i)        the Prime Minister, who shall be the Chairperson of the committee;

  (ii)        the Leader of Opposition in the Lok Sabha; and

 (iii)        a Union Cabinet Minister to be nominated by the Prime Minister. [Section 12(3)] 

Autonomy of the Commission: The Commission enjoys autonomy in its working. The general superintendence, direction and management of the affairs of the Central Information Commission is vested in the Chief Information Commissioner. Other Information Commissioners assist him. The Chief Information Officer may exercise all such powers and do all such acts and things, which may be exercised or done by the Central Information Commission autonomously without being subjected to directions by any other authority under this Act. [Section 12(4)] 

Formulation of Rules: The rules relating to the procedure to be adopted by the Commission are to be framed by the central government as per section 27 (e). 

Qualifications for appointment as Information Commissioner: The Chief Information Commissioner and Information Commissioners shall 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. [Section 12(5)] 

By and large it has become a monopoly for accommodating retired bureaucrats. 

Disqualifications: The Chief Information Commissioner or an Information Commissioner should not be a Member of Parliament or Member of the Legislature of any State or Union territory, as the case may be. 

They should not hold any other office of profit. They should not be connected with any political party or carrying on any business or pursing any profession. [Section 12(6)] 

Headquarter: The headquarters of the Central Information Commission shall be at Delhi. Central Information Commission may with the previous approval of the Central Government, establish offices at other places in India. [Section 12(7)] 

Location of Headquarter: The Headquarter of the Commission is located in CIC Bhawan, Munika. Its postal address is: 

Central Information Commission

CIC Bhawan, Baba Gangnath Marg

Munirka, New Delhi - 110 067

Helpline No.: 011-26183053
Email: fdesk-cic@gov.in 

Term of office: The term of office, salary etc. have been amended vide Notification dated 1st August, 2019. It provides: 

(a)  The Chief Information Commissioner shall hold office "for such term as may be prescribed by the Central Government"* and shall not be eligible for reappointment. It was earlier for five years. 

However, no Chief Information Commissioner shall hold office after he has attained the age of sixty-five years. [Section 13(1)] 

(b)  Every Information Commissioner shall hold office "for such term as may be prescribed by the Central Government"* or till he attains the age of sixty-five years, whichever is earlier. 

It was earlier five years. He shall not be eligible for reappointment as such Information Commissioner. [Section 13(2)] 

            * Amended vide Notification dated 1st August, 2019. 

Eligibility to become Chief Information Commissioner: Every Information Commissioner shall, on vacating his office shall be eligible for appointment as the Chief Information Commissioner. [Proviso to Section 13(2)]

Term of Office: In case any Information Commissioner is appointed as the Chief Information Commissioner, his term of office shall not be more than five years in aggregate both as Information Commissioner and the Chief Information Commissioner. [Proviso to Section 13(2)]        

Oath of Affirmation: The Chief Information Commissioner or an Information Commissioner shall make and subscribe before the President or some other person appointed by him in that behalf, an oath or affirmation according to the form set out for the purpose in the First Schedule. [Section 13(3)]           

Resignation: The Chief Information Commissioner or an Information Commissioner may, at any time, by writing under his hand addressed to the President, resign from his office. [Section 13(4)] 

Salary and Allowances:  As per revised provision* the salaries and allowances payable to and other terms and conditions of service of the Chief Information Commissioner and the Information Commissioners shall be such as may be prescribed by the Central Government. However, the salaries, allowances and other conditions of service of the Chief Information Commissioner or the Information Commissioners shall not be varied to their disadvantage after their appointment. 

It further provides that the Chief Information Commissioner and the Information Commissioners appointed before the commencement of the Right to Information (Amendment) Act, 2019 shall continue to be governed by the provisions of this Act and the rules made thereunder as if the Right to Information (Amendment) Act, 2019 had not come into force. [Section 13(5)]

* Amended vide Notification dated 1st August, 2019. 

[Prior to amendment the Chief Information Commissioner used to get salary and allowances equivalent to the Chief Election Commissioner. Likewise, the Information Commissioner used to get salary and allowances equivalent to an Election Commissioner.] 

Rulemaking powers: As per revised section 27 (ca) the rule making powers about the term of office of the Chief Information Commissioner and Information Commissioners shall vest in the central government. 

Salaries, allowances and other terms and conditions of service: As per revised section 27 (cb) the rule making powers about the salaries, allowances and other terms and conditions of service of the Chief Information Commissioner and the Information Commissioners shall vest in the central government.           

Staff for Commission: The Central Government shall provide the Chief Information Commissioner and the Information Commissioners with such officers and employees as may be necessary for the efficient performance of their functions under this Act. The salaries and allowances payable to them and their terms and conditions shall be such as is prescribed by the Central Government. [Section 13(6)]. 

The Central Information Commission is having one Secretary, one Additional Secretary, a number of Joint Secretaries and Deputy Secretaries & SOs at officer level who are assisted by other supporting staff. 

It has also got a Registrar and number of Deputy Registrars to man the Central Registry. 

The rules for the salaries and allowances payable to the officers and staff and the terms and conditions of service of the officers and other employees shall be framed by the central government as per section 27(d). 

Removal from office: The Chief Information Commissioner or any Information Commissioner shall be removed from his office only by order of the President on the ground of proved misbehavior or incapacity. 

This can be done only after the Supreme Court, on a reference made to it by the President, has, on inquiry, reported that the Chief Information Commissioner or any Information Commissioner as the case may be ought to be removed. [Section 14(1)] 

Suspension of Information Commissioner: The President may suspend from office the Chief Information Commissioner or Information Commissioner. They can be prohibited from attending the office during inquiry, until the President has passed orders on receipt of the report of the Supreme Court on such reference. [Section 14(2)] 

Removal of Information Commissioner: The President may by order remove from office the Chief Information Commissioner or any Information Commissioner if he or she- 

(a)  is adjudged an insolvent; or

(b)  has been convicted of an offence which in the opinion of the President, involves moral turpitude; or

(c)  engages during his term of office in any paid employment outside the duties of his office; or           

(d)  is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body; or

(e)  has acquired such financial or other interest as is likely to affect prejudicially his functions as the Chief Information Commissioner or a Information Commissioner. [Section 14(3)] 

Deemed Misbehaviour: The Chief Information Commissioner or any Information Commissioner shall be deemed to be guilty of misbehaviour if in any way they are concerned or interested in any contract or agreement made by or on behalf of the Government of India or participates in any way in the profit thereof or in any benefit or emolument arising there from otherwise than as a member and in common with the other members of an incorporated company. [Section 14(4)]



FAQs

Q.1.     Who provides budget to the Central Information Commission

Ans.1. Central government.

Q.2.     Has it set up any office out of Delhi?

Ans.2. No.


Location: India

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