Introduction

• The Central Information Commission is an independent and quasi-judicial body that acts as the final appellate authority for hearing complaints and appeals against decisions made by public authorities under the Right to Information Act, 2005 (RTI Act).
• The commission ensures that the right to information is protected and that government agencies comply with their obligations to provide information.
• It is constituted under Section 12 of the RTI Act.
• The jurisdiction of the CIC extends over all Central Public Authorities.

What is the Structure of CIC?

• The commission consists of a Chief Information Commissioner and up to ten Information Commissioners, each appointed by the President of India.
  • The 12^th Chief Information Commissioner Heeralal Samariya was appointed on 6^th November 2023.
• These appointments are made under Section 12(3) of the RTI Act 2005 based on the recommendations of a committee consisting of:
  • the Prime Minister,
  • the Leader of the Opposition in the Lok Sabha, and
  • a Union Cabinet Minister nominated by the Prime Minister.

What are the Eligibility Criteria for Chief Information Commissioner?

• Section 12(5) of the RTI Act 2005 states that 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(6) of the RTI Act 2005 states that Chief Information Commissioner or an Information Commissioner shall not be a Member of Parliament or Member of the Legislature of any State or Union Territory as the case may be or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.

What are the Powers and Functions of CIC?

• Adjudication of Appeals and Complaints:
  • The CIC has the authority to hear appeals and complaints filed against decisions of public authorities regarding the disclosure of information.
  • It acts as a quasi-judicial body, ensuring fair and impartial adjudication of disputes related to the right to information.
• Monitoring and Enforcement:
  • The commission monitors the implementation of the RTI Act across the government.
  • It can also impose penalties on public officials who violate the provisions of the Act, promoting accountability and discouraging non-compliance.
• Promoting Transparency:
  • One of the primary objectives of the CIC is to promote transparency in the functioning of government agencies.
  • The commission encourages proactive disclosure of information by public authorities, reducing the need for citizens to file formal requests.
• Capacity Building and Awareness:
  • The CIC engages in activities to build awareness about the right to information and conducts training programs for public officials to enhance their understanding of the RTI Act.
  • This contributes to a culture of openness and accountability within government organizations.
• Research and Advocacy:
  • The commission engages in research and advocacy to improve the functioning of the RTI Act.
  • It may recommend changes to the government to address emerging challenges and enhance the effectiveness of the right to information regime.

What is the Reporting Procedure?

In the context of CIC, Section 25 of the RTI Act 2005 provides that:

• The CIC shall as soon as practicable after the end of each year, prepare a report on the implementation of the provisions of this Act during that year and forward a copy thereof to the appropriate Government.
• Each Ministry or Department shall, in relation to the Public Authorities within their jurisdiction, collect and provide such information to the CIC as is required to prepare the report under this section and comply with the requirements concerning the furnishing of that information and keeping of records for the purposes of this section.
• Each report shall state in respect of the year to which the report relates-
  • The number of requests made to each public authority;
  • The number of decisions where applicants were not entitled to access to the document pursuant to the requests, the provision of this act under which these decisions were made and number of times such provisions were invoked;
  • The number of appeals referred to the CIC for review, the nature of appeals and outcomes of the appeals;
  • Particulars of any disciplinary action taken against any officer in respect of the administration of this Act;
  • The amount of charges collected by each public authority under this Act;
  • Any facts which indicate an effort by the public authorities to administer and implement the spirit and intention of this Act;
  • Recommendations for reform, including recommendations in respect of particular public authorities, for the development, improvement, modernization, reforms or amendments to this Act or other legislation or common law or any other matter relevant for operationalizing the right to access information.