CIC of India - Introduction
The CIC of India represents the Central Information Commission of India which is a crucial authority in India that is required for the smooth functioning of democracy and appropriate governance. The Central Information Commission of India is the authorized governmental body that is made to act upon complaints or grievances received from individuals who have not been able to submit a petition of information to a Central or State Public Information Officer because of either the officer not having been elected, or the respective officer disapproved of encouraging the application under the Right to Information Act (RTI Act).
About CIC
CIC refers to the Central Information Commission.
It was established by the Union Government under the Right to Information Act, 2005 and thus it is not a constitutional body but a statutory body.
If we talk about its composition, it is said to consist of Chief Information Commissioner and not more than 10 Information Commissioners.
The CIC and ICs are said to be appointed by the the President of the country after getting a recommendation from a committee which consists of:
Prime Minister (Chairperson)
Leader of Opposition in the Lok Sabha
Union Cabinet Minister nominated by the Prime Minister.
All Central Public Authorities are said to be under its jurisdiction.
Role of CIC of India
A CIC of India is accountable to perform duties including:-
Order enquiry into any complaint only on rational grounds (suo-moto power).
Secure adherence of its decisions from any public entitled authority.
Obtain and inquire into a matter from any entity:
Who has not received any response with respect to his/her request for information within a stipulated time frame.
Who deems that the fees so charged is unreasonable.
Who neglected or refused the information requested.
Who considers the information provided him/her is incomplete, incorrect or misleading, and any other matter in reference to securing the information.
Who has been unable to submit a request for information because of the non-appointment of an officer.
During inquiries, the information commissioner of India hold the powers of a civil court, such as the powers to:
Requisition and impose the attendance of individuals, and urge them to provide written or oral evidence on pledge and yield documents or things.
Need the inspection and exploration of documents.
Obtain evidence of information on affidavit.
Summon public copies or records from any court or office.
Issue summons for the assessment of documents or address any other matter that may be suggested.
The CIC of India also submits an annual report to the Government of India on the execution of the provisions of the Act. This report is then presented before both the Houses of Parliament.
The commission consists of the power to assess any record under the control of the public authority.
All records are to be provided to the Commission during the examination and nothing shall be held back.
Salaries of CIC and IC’s
The RTI Act, 2005 spelled out the salaries, tenure, and terms of service of the Chief Information Commissioner (CIC) and Information Commissioners (ICs) both at the central and state levels, in the parent law. However, the RTI (Amendment) Act, 2019 eliminated these provisions and mentioned that the central government will notify the term and quantum of salary of both CIC and Ics via rules.
It is given that the CIC and an IC (of Centre as well as States) shall hold office for such term as recommended by the Central Government or upto the age of 65 years ( whichever is earlier. ) Prior to this amendment, the term for the Chief Information Commissioner and an Information Commissioner was fixed for 5 years.
In addition, it also eradicated the provisions with respect to deductions in the salary of the CIC, an IC, the State Chief Information Commissioner, and a State Information Commissioner because of pension or any other retirement benefits obtained by them for their previous government service.
It mentioned that the salary, allowances, grants, and other service conditions of the CIC, as well as an IC(of both the Centre and States), shall be such as recommended by the Central Government.
Current Central Information Commissioner
At present, Mr. Yashvardhan Kumar Sinha is serving as the Central Information Commissioner who is said to have become 11th CIC of the country. He held the office for CIC in November 2020. The jurisdiction of the information commissioner of India extends over all Central Public Authorities.
Conclusion
Democracy is the essence of the governance of the people, for the people, and by the people of the nation. For the purpose of attaining the third paradigm, the state is required to start acknowledging the significance of an informed public and the role that it plays in the country’s growth and development as a nation. Under such a state of affairs, underlying difficulties in reference to the RTI Act must be resolved, so that it can cater to the information needs of society.
FAQs on Central Information Commission (CIC)
1. What is the main purpose of the Central Information Commission (CIC)?
The primary purpose of the Central Information Commission (CIC) is to act as the apex appellate body for the Right to Information (RTI) Act, 2005. It is empowered to receive and inquire into complaints from citizens who have been unable to get information from central government public authorities or Union Territories. Its goal is to ensure the law is implemented, promoting transparency and accountability in government work.
2. How are the Chief Information Commissioner and other Information Commissioners appointed?
The Chief Information Commissioner (CIC) and Information Commissioners (ICs) are appointed by the President of India. The appointment is made based on the recommendation of a committee consisting of:
- The Prime Minister, who serves as the Chairperson.
- The Leader of Opposition in the Lok Sabha.
- A Union Cabinet Minister nominated by the Prime Minister.
3. What is the composition and tenure of the Central Information Commission?
The Central Information Commission is comprised of one Chief Information Commissioner (CIC) and not more than ten Information Commissioners (ICs). As per the RTI (Amendment) Act 2019, the tenure for the CIC and ICs is for such term as may be prescribed by the Central Government or until they attain the age of 65 years, whichever is earlier. They are not eligible for reappointment.
4. What are the key powers and functions of the Central Information Commission (CIC)?
The Central Information Commission has wide-ranging powers to enforce the RTI Act. Its key powers and functions include:
- Receiving and inquiring into complaints regarding access to information under the RTI Act.
- Initiating an inquiry on any matter if there are reasonable grounds (suo-moto power).
- Possessing the powers of a civil court, such as summoning individuals, compelling the production of documents, and receiving evidence on affidavit.
- Imposing penalties on Public Information Officers (PIOs) who fail to comply with the provisions of the RTI Act.
- Recommending disciplinary action against erring officials.
5. How does the Central Information Commission (CIC) ensure transparency in government functioning?
The CIC ensures transparency by acting as a powerful watchdog. It empowers citizens to question public authorities and demand information about their decisions and actions. By hearing appeals and complaints, and having the authority to order the disclosure of information and penalise non-compliant officials, the Commission makes government bodies more accountable. This process discourages secrecy and fosters a culture of openness, thereby strengthening democracy.
6. Why is the Central Information Commission referred to as a 'quasi-judicial' body?
The Central Information Commission is called a 'quasi-judicial' body because it performs functions similar to a court of law but is not a formal court. Its judicial-like powers include summoning individuals, conducting inquiries, examining evidence, and passing binding orders. However, its jurisdiction is limited specifically to matters concerning the RTI Act. This blend of administrative and judicial functions makes it a quasi-judicial authority.
7. What is the difference between the Central Information Commission (CIC) and a State Information Commission (SIC)?
The primary difference lies in their jurisdiction. The Central Information Commission (CIC) handles appeals and complaints related to offices, financial institutions, and public sector undertakings under the central government and Union Territories. In contrast, a State Information Commission (SIC) deals with matters pertaining to offices, departments, and undertakings under the respective state government. Both bodies have similar powers and functions but operate at different federal levels.
8. Under what circumstances can a complaint be filed directly with the CIC?
A citizen can file a complaint directly with the Central Information Commission under specific conditions, without necessarily going through the first appeal process. These circumstances include situations where:
- No Public Information Officer (PIO) has been appointed in a public authority.
- The PIO has refused to accept an application for information.
- Access to requested information has been denied.
- The response was not given within the specified time limits.
- Unreasonable fees have been demanded by the PIO.
- The information provided is incomplete, misleading, or false.
