NEW CHIEF INFORMATION COMMISSIONER APPOINTED

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Picture Courtesy:  THE HINDU

Context

Shri Raj Kumar Goyal was sworn in as the new Chief Information Commissioner (CIC) of India.

What is Central Information Commission (CIC)?

It was established by the Central Government as a statutory body under the Right to Information (RTI) Act, 2005. 

It acts as the final appellate authority for citizens who have been denied access to information by a public authority under the Central Government or Union Territories.

Its jurisdiction extends over all Central Public Authorities. Its headquarters is located in New Delhi.

Structure of the Commission

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

CIC is assisted by a maximum of ten Information Commissioners (ICs).

Appointment Process

The Chief Information Commissioner and Information Commissioners are appointed by the President of India. 

The appointment is made based on the recommendation of a high-powered selection committee, which includes:

• The Prime Minister, who serves as the Chairperson.
• The Leader of the Opposition in the Lok Sabha.
• A Union Cabinet Minister nominated by the Prime Minister.

Eligibility Criteria

They must be persons of eminence in public life with extensive knowledge and experience in fields like law, science and technology, social service, management, journalism, mass media, or administration and governance.

They cannot be a Member of Parliament (MP) or a Member of the Legislature (MLA/MLC) of any State or Union Territory.

They are barred from holding any other office of profit, being connected to any political party, or conducting any business or profession during their tenure.

Term of Office

The RTI (Amendment) Act, 2019 altered the tenure and service conditions of the commissioners. The key changes are:

• The CIC and ICs now hold office for a term as prescribed by the Central Government, or until they attain the age of 65 years, whichever is earlier. Currently, the prescribed term is three years.
• Prior to the 2019 amendment, the tenure was fixed at five years or 65 years of age.
• Commissioners are not eligible for reappointment to the same post.

Salaries and Allowances

The 2019 amendment empowered the Central Government to determine the salaries, allowances, and other service conditions for the CIC and ICs.

Earlier the CIC's salary was equivalent to the Chief Election Commissioner.

Powers and Functions of the CIC

The CIC functions as a powerful quasi-judicial body with a wide range of powers to ensure compliance with the RTI Act. Its primary functions are detailed below.

Complaint Adjudication

Investigate and address complaints from individuals regarding denial, incomplete, false, or unreasonably priced information, or obstacles in filing an RTI request.

Appellate Jurisdiction

Acts as the second and final appellate authority for appeals against the decisions of the First Appellate Authority within a public authority.

Suo Motu Powers

The Commission can initiate an inquiry on any matter on its own (suo motu) if there are reasonable grounds to do so, without waiting for a formal complaint.

Powers of a Civil Court

During an inquiry, the CIC possesses the powers of a civil court, which include:

• Summoning and enforcing the attendance of persons.
• Compelling the production of documents and evidence on oath.
• Receiving evidence on affidavit.
• Requisitioning public records from any court or office.

Penalty Imposition

Can impose penalties on the concerned Public Information Officer (PIO) for persistent delays, providing incorrect/misleading information, or malafidely denying information.

Ensuring Compliance

Can order a public authority to take specific steps to conform with the RTI Act, such as appointing a PIO, publishing information, or making changes to record management practices.

Conclusion

The Central Information Commission is the ultimate guardian of the Right to Information, essential for transparency, accountability, and strengthening grassroots democracy.

Source: THE HINDU