Central Information Commission (CIC), Appointment, Structure, Tenure, Chairman

The Central Information Commission is a statutory body established under the Right to Information (RTI) Act, 2005. It ensures transparency and accountability in government functions by handling complaints and appeals related to public information. Over the years, CIC played a crucial role in enforcing citizens' right to access information from public authorities. Read on for more!

About Central Information Commission (CIC)

The Central Information Commission (CIC) is an apex body in India that plays a key role in ensuring transparency and accountability in government functioning by enforcing the Right to Information (RTI) Act, 2005.  The CIC functions independently and investigates complaints against government agencies that fail to provide information under the RTI Act. CIC also promotes awareness of the right to information and ensures proper implementation of RTI provisions across the country. 

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Provisions for Central Information Commission

The Central Information Commission was established under Right to Information Act, which provides the legal framework for the establishment and functioning of the CIC. Key provisions include:

• Section 12: Establishes the CIC as an independent statutory body and provisions for appointment.

• Section 18: Grants the CIC the authority to inquire into complaints.

• Section 19: Empowers the commission to hear second appeals.

• Section 20: Specifies penalties for failing to comply with RTI requests.

• Section 25: Mandates the CIC to submit an annual report to the government.

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Structure and Composition of the CIC

The CIC functions as a collegial body, with all members deliberating on matters collectively. The Central Information Commission consists of:

• Chief Information Commissioner (CIC): The CIC is headed by a Chief Information Commissioner.

• Information Commissioners (ICs): There are not more than ten Information Commissioners appointed to assist the CIC

The CIC operates with administrative support to resolve disputes and ensure the smooth functioning of the Right to Information Act.

Credit: CIC Website

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Central Information Commission Chairman

The Chief Information Commissioner serves as the Chairman of the CIC. Currently, Shri Heeralal Samariya, a 1985 batch IAS officer is the CIC Chairman. He was sworn in as the Chief Information Commissioner on November 6, 2023, by President Droupadi Murmu. The CIC also includes Information Commissioners, with Smt. Anandi Ramalingam and Shri Vinod Kumar Tiwari being the current Information Commissioners.

Appointment of Central Information Commissioners

The President of India appoints the Chief Information Commissioner and Information Commissioners based on recommendations from a selection committee. The committee comprises:

1. Prime Minister (Chairperson)

2. Leader of the Opposition in the Lok Sabha

3. Union Cabinet Minister (nominated by the PM)

The appointed commissioners must have experience in fields such as law, governance, journalism, social service, or public administration. Also, they must not be a Member of Parliament or a member of any state legislature, nor should they hold any other office of profit, be connected with any political party, or carry on any business or profession.

Tenure of Central Information Commission

The Central Information Commissioners, including the Chief Information Commissioner, serve for a term of three years or until they reach the age of 65 years, whichever is earlier. The term was earlier five years, but it was reduced through an amendment to the RTI Act in 2019. The Chief Information Commissioner and Information Commissioners are not eligible for reappointment.

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CIC Removal Provisions

The President of India has the authority to remove the Chief Information Commissioner and Information Commissioners under specific circumstances:

• If they are adjudged insolvent.

• If they are found guilty of misbehavior or incapacity.

• If they are involved in financial irregularities.

• If they have engaged in any activity that compromises their position.

• If they engage in any paid employment outside their duties during their term.

• If they are deemed unfit to continue due to mental or physical infirmity, as per the President's opinion

In case of misbehavior or incapacity, the President must refer the matter to the Supreme Court. If the Supreme Court of India, after an inquiry confirms that the individual should be removed, the President can then proceed with the removal.

Powers and Functions of Central Information Commission

The Central Information Commission exercises several powers and functions to uphold transparency and accountability. These include:

• Suo Motu Inquiries: The CIC can initiate inquiries on its own if there are reasonable grounds to do so.

• Hearing Appeals: The CIC acts as the second appellate authority for RTI applications.

• Power of Civil Court: CIC holds civil court powers, including summoning and enforcing attendance, requiring document production, requisitioning public records, etc.

• Investigation of Complaints: It investigates complaints related to non-disclosure of information.

• Issuing Directions: The CIC directs public authorities to disclose information where necessary.

• Imposing Penalties: It imposes fines on officials who fail to comply with the RTI Act.

• Monitoring RTI Implementation: The commission oversees the proper execution of the RTI framework.

• Annual Reporting: It submits reports to the government, highlighting trends and challenges.

The Central Information Commission ensures that government institutions remain accountable to the public by enforcing RTI provisions.

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List of Chief Information Commissioner of India

The Chief Information Commissioner plays a critical role in ensuring transparency and accountability in governance. The following individuals have served as Chief Information Commissioners:

In conclusion, the Central Information Commission (CIC) strengthens democracy by upholding the Right to Information Act and enabling citizens to access information. By exercising its powers effectively, the commission ensures good governance and promotes informed citizen participation.

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