Central Information Commission

Central Information Commission is a statutory body established under the Right to Information Act, 2005 to ensure transparency and accountability in governance. In the subject of Indian Polity, it plays a crucial role in enforcing citizens’ right to access information from public authorities. The Commission acts as the final appellate authority in RTI matters at the central level

Central Information Commission: Funtion and Rights

Nature and establishment

The Central Information Commission (CIC) is a statutory body and not a constitutional body.
It was constituted on 12 October 2005 under Section 12 of the Right to Information Act, 2005.

Right to Information Act, 2005

Right to Information (RTI) is recognised as a fundamental right under Article 19(1) of the Indian Constitution.
In the landmark judicial case Raj Narain v. State of Uttar Pradesh (1976), the Supreme Court confirmed that this right is part of Article 19.
The Court made it clear that in a democracy, citizens should have the right to know how their government works.

Features and Importance of RTI Act (Key Points):

Increasing accountability and transparency in governance – RTI has made government functions more transparent and accountable.
Empowering citizens – Citizens can now seek information from public authorities.
Promoting public participation – Over the past two decades, RTI has made governance more accountable and participatory for the public.
Recommendation of the 2nd ARC – According to the report of the 2nd Administrative Reforms Commission, “RTI is the master key to good governance.”

Right to Information Act, 2005 – Preamble

The Constitution of India establishes a democratic republic; and democracy requires an educated citizenry and transparency of information, which is essential for its functioning and also for preventing corruption and holding governments and their instrumentalities accountable to the government; and in actual practice, disclosure of information may conflict with other public interests, including the efficient operation of governments, the optimal use of limited state financial resources, and the maintenance of confidentiality of sensitive information; and it is necessary to reconcile these conflicting interests while maintaining the supremacy of the democratic ideal; therefore, it is now expedient to make provision for providing certain information to citizens who wish to have it; Be it enacted by Parliament in the Fifty-sixth Year of the Republic.

Right to Information Act, 2005

Act passed: 15 June 2005
Effective: October 12, 2005
Objective: To ensure citizens have access to government information and increase transparency.
In the Right to Information Act, 2005
Total 6 chapters Are.
1. Chapter 1 – Preliminaries
2. Chapter 2 – Right to Information and Obligations of Public Authorities
3. Chapter 3 – Central Information Commission
4. Chapter 4 – State Information Commission
5. Chapter 5 – Powers and Functions of Information Commissions, Appeals and Penalties
6. Chapter 6 – Miscellaneous
Apart from this, the Act also contains 2 Schedules-
1. Form of oath or affirmation to be made and subscribed by the Chief Information Commissioner, Information Commissioner, State Chief Information Commissioner,
2. State Information CommissionerIntelligence and security organisations established by the Central Government
There are a total of 31 sections in the Right to Information Act, 2005 (RTI Act, 2005).-
1. Section 1 – Short title, commencement and applicability
2. Section 2 – Definitions
3. Section 3 – Right to Information
4. Section 4 – Obligations of public authorities
5. Section 5 – Designation of Public Information Officers
6. Section 6 – Request for obtaining information-
7. Section 7 – Disposal of request
8. Section 8 – Exemption from disclosure of information
9. Section 9 – Grounds for refusal of access in certain cases
10. Section 10 – Severability
11. Section 11 – Information on person
12. Section 12 – Constitution of Central Information Commission.
13. Section 13 – Term of office and conditions of service of Information Commissioners.
14. Section 14 – Provisions for removal of Information Commissioners from office.
15. Section 15 – Constitution of State Information Commission
16. Section 16- Term of office and conditions of service
17. Section 17 – Removal of State Chief Information Commissioner or State Information Commissioner
18. Section 18 – Powers and functions of Information Commissions
19. Section 19 – Appeal
20. Section 20 – Punishment

Constitutional Provision:

Section 12: Constitution of Central Information Commission.
Section 13: Term of office and conditions of service of Information Commissioners.
Section 14: Provisions for removal of Information Commissioners from office.

Jurisdiction of the Commission:

The jurisdiction of the Commission extends to the Central Government and all public authorities of the Union Territories.
The powers and functions of the Commission are laid down in sections 18, 19, 20, and 25 of the Right to Information Act.

VISION

To play a dynamic role in ensuring effective and efficient participation of all stakeholders as enshrined in the RTI Act, through the exercise of the powers conferred on the Central Information Commission, and to discharge the functions assigned to the Central Information Commission in an accountable, sensitive and transparent manner.

MISSION

To ensure easy and wide access to information to Indian citizens under the RTI Act, 2005, through a citizen-centric approach.

KEY OBJECTIVES

To receive and investigate complaints from any citizen under Section 18 of the RTI Act, 2005.
To receive and decide second appeals from any citizen under Section 19 of the RTI Act, 2005 and RTI Rules, 2012
To exercise the powers conferred on the CIC under the RTI Act, 2005.
To discharge the obligation of “monitoring and reporting” under Section 25 of the RTI Act, 2005.

Composition

Member: The Commission consists of a Chief Information Commissioner (CIC) and a maximum of 10 Information Commissioners (ICs).
Appointment Process:
- All are appointed by the President.
- The appointment is based on the recommendation of a committee consisting of:

Prime Minister (Chairman),
Leader of the Opposition in the Lok Sabha,
One Cabinet Minister nominated by the Prime Minister.

Eligibility:
- Must have adequate experience in public life.
- Specialization required: Law, Science & Technology, Social Service, Management, Journalism, Mass Communication or Administration.
Disqualification:
- Must not be a member of Parliament or any State Legislature.
- Should not hold any office of profit connected with any political party.
- Should not be carrying on any business/enterprise.

Tenure & Service Conditions

Tenure:
- As per the 2005 Act (original provisions)
  - Tenure of office of the Chief Information Commissioner and Information Commissioners –
    - 5 years or 65 years of age, whichever is earlier.
    - They were not eligible for reappointment.
- According to the Right to Information (Amendment) Bill, 2019,
  - The tenure of the Chief Information Commissioner and Information Commissioners will now be determined by the Central Government, rather than the previously stipulated five years.
  - The CIC and ICs will have a three-year term.
  - Their salaries, allowances, and service conditions will also be determined by the Central Government.

Re-appointment:
- Reappointment is not permitted – this position remains unchanged even after the amendment.
- Appointment of Chief Information Commissioner from Information Commissioner
  - An Information Commissioner may be appointed as the Chief Information Commissioner,
  - Provided that his total tenure including his tenure as Information Commissioner shall not exceed 5 years.

Removal of CIC members from their posts

The President can remove him from office in the following circumstances:
- Get declared bankrupt.
- Has been convicted of an offence involving moral turpitude.
- Should be employed in any office of profit during the tenure.
- Be physically or mentally disabled.
- Are receiving any benefit that affects the fairness of work.
In the event of proven misbehavior or incapacity:
- The President sends the matter to the Supreme Court for investigation.
- He can be removed by the President if the Supreme Court, after inquiry, finds the cause of removal to be justified and advises so.

Salary and Service Conditions of CIC

The salaries, allowances and other service conditions of the Chief Information Commissioner and Information Commissioners are determined by the Central Government.
- Chief Information Commissioner: Salary, allowances and service conditions: Same as that of the Chief Election Commissioner.
- Other Information Commissioners: Salary, allowances and service conditions: Same as that of Election Commissioner.
- Salary –The RTI (Amendment) Bill, 2019
  - Chief Information Commissioner: ₹2,50,000 per month.
  - Information Commissioner: ₹2,25,000 per month.
  - If in receipt of pension at the time of appointment, the pension will be deducted from the salary.
- Their pay and service conditions cannot be changed to their disadvantage during their service.

The Right to Information (Amendment) Bill, 2019

The Right to Information (Amendment) Bill, 2019, seeks to amend sections 13, 16 and 27 of the RTI Act.
The tenure of the Chief Information Commissioner and Information Commissioners shall be determined by the Central Government.
- The tenure of CIC and IC will be 3 years.
Under the new bill, the salaries, allowances and other terms and conditions of employment of the Chief Information Commissioner and Information Commissioners at the central and state levels will also be decided by the central government.
Salary –
- Chief Information Commissioner: ₹2,50,000 per month.
- Information Commissioner: ₹2,25,000 per month.
- If in receipt of pension at the time of appointment, the pension will be deducted from the salary.

Powers and functions of the Central Information Commission

The Commission has certain powers and functions as mentioned in sections 18, 19, 20 and 25 of the Act, which are mainly the following:

Redress of grievances

The Commission has the duty to redress the following types of complaints:
When the Public Information Officer (PIO) has not been appointed.
When the information requested is refused.
When the information sought is not received within the stipulated time.
When the fee for the information sought appears unreasonable.
When the information is inadequate, false or misleading.
Any other information related issues.

Suo-Motu Inquiry

If a case is clear and serious, the Commission may take suo motu cognizance and order an investigation.

Powers like a civil court during investigation

The Commission has the following judicial powers while conducting the inquiry:
- Issuing summons to a person to appear and give statement.
- Requesting and checking documents.
- Taking evidence in the form of affidavits.
- Requisitioning public documents.
- Subpoenas for the examination of witnesses or documents.
- All other necessary judicial proceedings.

Mandatory verification of records

The Commission can inspect any record under the control of any public authority.
- This record cannot be hidden from the Commission.

Power to ensure compliance with decisions

The Commission may direct the public authority to comply with its decisions:
- Ensuring availability of information in a specific form.
- To order the appointment of a PIO where there is no PIO.
- Publication of information.
- To make necessary improvements in the records management system.
- To arrange RTI training.
- Obtaining annual reports.
- To get compensation in case of non-receipt of information or damage.
- Imposing penalty.
- Dismissal of incompetent petition.

Submission of Annual Report

The Commission submits an annual report on the implementation of the Act to the Central Government.
The government presents this report in both the houses of Parliament.

Action for non-compliance

If any public authority does not comply with the Act, the Commission may take compulsory action to ensure compliance with the Act.

Decision in the Second Appeal:To adjudicate second appeals for supply of information.

Maintenance of Records:To issue instructions for proper maintenance of records.

Obligation to decide:

The decisions of the Commission are final and binding, that is, there is no process for reconsideration or appeal.
The main objective of the Central Information Commission is to protect the rights of citizens under the Right to Information (RTI) and ensure transparency in government functioning.

List of Central Chief Information Commissioners

1	Wajahat Habibullah	First CIC
2	A.N. Tiwari
4	Deepak Sandhu	First woman CIC
5	Sushma Singh	Second woman CIC
11	Yashwardhan Kumar Sinha
12	Hiralal Samaria(present)	November 6, 2023 to September 13, 2025
13	Raj Kumar Goyal	From December 15, 2025…

So far, two women have held the post of Chief Information Commissioner:
- Deepak Sandhu
- Sushma Singh

Currently:
- Chief Information Commissioner – Raj Kumar Goyal
- Information Commissioner – Mrs. Anandi Ramalingam
- Information Commissioner – Mr. Vinod Kumar Tiwari

National Commission/Central Body and Concerned Ministry

S. No.	Commission/Central Body	concerned ministry
1	Central Information Commission	Ministry of Personnel
2	Finance Commission	Ministry of Finance
3	Union Public Service Commission (UPSC)	Ministry of Personnel
4	Inter-State Council	Home Ministry
5	Staff Selection Commission (SSC)	Ministry of Personnel
6	National Commission for Scheduled Castes	Ministry of Social Justice and Empowerment
7	National Commission for Scheduled Tribes	Ministry of Tribal Affairs
8	Central Vigilance Commission (CVC)	Ministry of Personnel
9	Regional Councils	Home Ministry
10	Central Bureau of Investigation (CBI)	Ministry of Personnel
11	National Investigation Agency (NIA)	Home Ministry
12	Commissioner for Linguistic Minorities	Home Ministry
13	National Commission for Protection of Child Rights	Ministry of Women and Child Development
14	National Commission for Backward Classes	Ministry of Social Justice and Empowerment
15	Central Commissioner for Persons with Disabilities	Ministry of Social Justice and Empowerment
16	Central Social Welfare Board	Ministry of Women and Child Development
17	North-East Council	Ministry of Development of North Eastern Region
18	Central Administrative Tribunal (CAT)	Ministry of Personnel
19	National Commission for Minorities	Ministry of Minority Affairs
20	National Human Rights Commission (NHRC)	Home Ministry
21	National Commission for Women	Ministry of Women and Child Development