::: Information Commissions :::
How is Central Information Commission constituted?
Central Information Commission to be constituted by the Central Government through a
Gazette Notification. Commission includes 1 Chief Information Commissioner
(CIC) and not more than 10 Information Commissioners (IC) who will be appointed
by the President of India. Oath of Office will be administered by the President
of India according to the form set out in the First Schedule. Commission shall
have its Headquarters in Delhi. Other offices may be established in other parts
of the country with the approval of the Central Government. Commission will
exercise its powers without being subjected to directions by any other
authority. (S.12)
What is the eligibility criteria and what is the process of appointment of CIC/IC?
What is the eligibility criteria and what is the process of appointment of CIC/IC?
Candidates for CIC/IC must 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. CIC/IC
shall not be a Member of Parliament or Member of the Legislature of any State
or Union Territory. He shall not hold any other office of profit or connected
with any political party or carrying on any business or pursuing any
profession. (S.12) Appointment Committee includes Prime Minister (Chair),
Leader of the Opposition in the Lok Sabha and one Union Cabinet Minister to be
nominated by the Prime Minister.
What is the term of office and other service conditions of CIC?
CIC shall be appointed for a term of 5 years from date on which he enters upon his
office or till he attains the age of 65 years, whichever is earlier. CIC is not
eligible for reappointment. Salary will be the same as that of the Chief
Election Commissioner. This will not be varied to the disadvantage of the CIC
during service. (S.13)
What is the term of office and other service conditions of IC?
IC shall hold office for a term of five years from the date on which he enters
upon his office or till he attains the age of sixty-five years, whichever is
earlier and shall not be eligible for reappointment as IC. Salary will be the
same as that of the Election Commissioner. This will not be varied to the
disadvantage of the IC during service. IC is eligible for appointment as CIC
but will not hold office for more than a total of five years including his/her
term as IC. (S.13)
How is the State Information Commission constituted?
The State Information Commission will be constituted by the State Government
through a Gazette notification. It will have one State Chief Information
Commissioner (SCIC) and not more than 10 State Information Commissioners (SIC)
to be appointed by the Governor. Oath of office will be administered by the
Governor according to the form set out in the First Schedule. The headquarters
of the State Information Commission shall be at such place as the State
Government may specify. Other offices may be established in other parts of the
State with the approval of the State Government. The Commission will exercise
its powers without being subjected to any other authority.
What are the powers and functions of Information Commissions?
The
Central Information Commission/State Information Commission has a duty to
receive complaints from any person - a) who has not been able to submit an
information request because a PIO has not been appointed ;
b) who has been refused information that was requested;
c) who has received no response to his/her information request within the
specified time limits ;
d) who thinks the fees charged are unreasonable ;
e) who thinks information given is incomplete or false or misleading ;and
f) any other matter relating to obtaining information under this law.
Power to order inquiry if there are reasonable grounds. CIC/SCIC will have
powers of Civil Court such as -
a) summoning and enforcing attendance of persons, compelling them to give oral
or written evidence on oath and to produce documents or things;
b) requiring the discovery and inspection of documents;
c) receiving evidence on affidavit ;
d) requisitioning public records or copies from any court or office
e) issuing summons for examination of witnesses or documents
f) any other matter which may be prescribed. All records covered by this law
(including those covered by exemptions) must be given to CIC/SCIC during
inquiry for examination.
Power to secure compliance of its decisions from the Public Authority includes-
a) providing access to information in a particular form;
b) directing the public authority to appoint a PIO/APIO where none exists;
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 RTI;
f) seeking an annual report from the public authority on compliance with this
law;
g) require it to compensate for any loss or other detriment suffered by the
applicant ;
h) impose penalties under this law; or
i) reject the application. (S.18 and S.19)
What is the reporting procedure?
Central
Information Commission will send an annual report to the Central Government on
the implementation of the provisions of this law at the end of the year. The
State Information Commission will send a report to the State Government . Each
Ministry has a duty to compile reports from its Public Authorities and send
them to the Central Information Commission or State Information Commission, as
the case may be. Each report will contain details of number of requests
received by each Public Authority, number of rejections and appeals,
particulars of any disciplinary action taken, amount of fees and charges
collected etc. Central Government will table the Central Information Commission
report before Parliament after the end of each year. The concerned State
Government will table the report of the State Information Commission before the
Vidhan Sabha (and the Vidhan Parishad wherever applicable). (S.25)