By Nishita Makkar
Introduction
Democracy in any country finds its roots from the exchange of ideas, views and opinions. There is no space for secrecy and ambiguity in the society where the People’s Rule is prevailing. On this irrefutable basis of democratic countries, the concept of accountability and transparency of the government came into being.
This led to origin of the Right to Information Act, 2005, where any citizen is allowed to know any type of information of government offices.
This gave a rise to a formation of a separate legal body- Central Information Commission to deal with RTI applications and giving their answers and dealing with appeals and complaints.
Recently, the Supreme Court has asked the Centre to file an updated status report on current vacancies in CIC for the timely appointments, in answer to petition by RTI activist Anjali Bhardwaj to make the criterion of such appointments to be public[1].
Thus, this article enumerates the functioning of Central Information Commission.
What is the origin and nature of Central Information Commission[2]?
As we have discussed above the Central Information Commission showed its existence through an official Gazette notification under Section12(5) of Right to Information Act, 2005. All the RTI applications, complaints as well as appeals and punishments are attended by Central Information Commission.
Hence, it can be concluded that Central Information Commission is a high-powered independent body i.e. a statutory body made under the act of parliament.
Generally, the constitutional bodies contain permanent and semi-permanent organizations is responsible for the administration of specific functions powered by the constitution of India such as Election Commission, Finance commission, union Public Service Commission etc.
The Central Information Commission is not a constitutional body as is not made under the constitution of India. It does not derive its power from the constitution.
What is the composition of the Commission?
Like the other Constitutional and non-constitutional bodies, the Commission has its own composition that consists of a Chief Information Commissioner and not more than ten Information Commissioners. At the time of its constitution, it had five commissioners including the Chief Information Commissioner.
As per statistics, in 2019, the Commission has six information commissioners apart from the Chief Information Commissioner. Wajahat Habibullah was the first Chief Commissioner of India.
According to Section 12(3) of the RTI Act, 2005, they are appointed by the president on the recommendation of the committee that consists of:
- The Prime Minister, who shall be the Chairperson of the committee;
- The Leader of Opposition in the Lok Sabha; and
- A Union Cabinet Minister nominated by the Prime Minister.
Section12(5) of the RTI Act 2005, provides that for the persons to be appointed as Information commissioner, they should be of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media and administration and governance.
This section shows the importance of education in case of choosing of the various people on different posts to ascertain smooth functioning of the CIC.
WhereasSection12(6) of the RTI Act, 2005 states that, for the eligibility to be a chief information commissioner or an information commissioner, they should not be a Member of Parliament or Member of the Legislature of any State or Union Territory.
They should not hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession. This section is added to set the working of CIC corruption free as well as fair.
Is there any term of service specified for the Chief Information Commissioner as well as Information Commissioner?
Yes, with the eligibility criterion, the tenure of office of Chief Information Commissioner as well as of an Information Commissioner has been specified under the RTI Act, 2005. This is as follows:
- Section13 of the RTI Act, 2005 provides that the Chief Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office and shall not be eligible for reappointment.
- Section 13(2) of the RTI Act, 2005 provides that the Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office and shall not be eligible for reappointment as such Information Commissioners provided.
Exception:
Section 12(3) provides for the exceptions on this term of services for the Chief Information Commissioner as well as the Information Commissioner. These can be stated as follows:
Every Information Commissioner shall on vacating his office under Section 13(2), be eligible for the appointment as the Chief Information Commissioner in the manner specified in sub-section (3) of Section 12 of the RTI Act, 2005.
Further provided that where the information commissioner is appointed as the Chief Information Commissioner, his term of office shall not be more than five years in aggregate as the Information Commissioner and the Chief Information Commissioner.
Salaries and Allowances:
Section 13(5)(b) of the RTI Act 2005 provides that the salaries and allowances payable to and other terms and conditions of service of an Information Commissioner shall be same as that of an Information Commissioner.
Hence, even if it is for the Chief Information Commissioner or for Information commissioner, the salaries and allowances are the same for the both.
How are complaints taken in the Information Commissions?
All the complaints under the Right to Information Act, 2005, are brought up and redressed under Central Information Commission or State Information Commission. This comes under the power and function of the following institution.
Section 18 (1) deals with the complaints and inquiries to be redressed under the CIC and the procedures in this regard.
Section-18 (1) Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive and inquire into a complaint from any person,-
- Who has been unable to submit a request to a Central Public Information Officer, as the case may be, either by reason that no such officer has been appointed under this Act, or because the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, has refused to accept his or her application for information or appeal under this Act for forwarding the same to the Central Public Information Officer or State Public Information Officer or senior officer specified in sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be;
- Who has been refused access to any information requested under this Act;
- Who has not been given a response to a request for the information or access to the information within the time limit specified under this Act;
- Who has been required to pay an amount of fee which he or she considers unreasonable;
- Who believes that he or she has been given incomplete, misleading or false information under this Act; and
- In respect of any other matter relating to requesting or obtaining or obtaining access to records under this Act.
(2)Where the Central Information Commission or State Information Commission, as the case may be, is satisfied that there are reasonable grounds to inquire into the matter, it may initiate an enquiry in respect thereof.
(3) The Central Information Commission or the State Commission, as the case may be, shall, while inquiring into any mater under this section, have the same powers as are vested in the civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely-
- Summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things;
- Requiring the discovery and inspection of documents;
- Receiving evidence on affidavit;
- Requisitioning any public record or copies thereof from any court or office;
- Issuing summons for examination of witnesses or documents; and
- Any other matter, which may be prescribed.
(4) Notwithstanding anything inconsistent contained in any other Act of Parliament or State Legislature, as the case may be, the Central Information Commission or the State Information Commission, as the case may be, may, during the inquiry of any complaint under this Act, examine any record to which this Act applies which is under control of the public authority, and no such record may be withheld from it on any ground.
Hence, CIC has the “suo moto” power through under which it can interfere in any case by itself and take its jurisdiction under CIC directly as used by the Supreme Court in some matters.
Also, for the process of investigation CIC has the power to examine any record which is under the control of public authority.
How are appeals heard as a function of CIC[3]?
The CIC follows the same structure for the Appeals as that of High Court and Supreme Court. The CIC takes the appeal application from the State Information Commissions after the expiry of thirty days when the parties are unsatisfied with the decision.
The second appeal has to filed within ninety days. This should be done under all procedures prescribed under Section 19-(1) under Right to Information act, 2005 which is as follows.
Section 19-(1) Any person who, does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(2) Where an appeal is preferred against an order made by a Central Public Information f the disclose third party information, the appeal by the concerned third party shall be made within thirty days from the date of the order.
(3)A second appeal against the decision under sub-section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission.
Provided that the Central Information Commission or the State Information Commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(4) If the decision of the Central Public Information Officer or State public Information Officer, as the case may be, against which appeal is preferred relates to information of a third party, the Central Information Commission or State Information Commission, as the case may be, shall give a reasonable opportunity of being heard to that third party.
(5) In any appeal proceeding, the onus to prove that a denial of a request was justified shall be on the Central Public Officer or State Public Information Officer, as the case may be, who denied the request.
(6) An appeal under sub-section (1) or sub-section (2)shall be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty-five days from the date of filling thereof, as the case may be, for reasons to be recorded in writing.
(7) The decision of the Central Information Commission or State Information Commission, as the case may be, shall be binding.
(8) The decision of the Central Information Commission or State Information Commission, as the case may be, has the power to-
- Require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act, including-
(i)By providing access to information, if so requested, in a particular form;
(ii)By appointing a Central Public Information Officer or State Public Information, as the case may be;
(iii)By publishing certain information or categories of information;
(iv)By making necessary changes to its practices in relation to the maintenance, management and destruction of records;
(v)By providing it with an annual report in compliance with clause (b) of subsection (1) of section 4;
- Require the public authority to compensate the complainant for any loss or detriment suffered
- Impose any of the penalties provided under this Act;
- Reject the application.
(9)The Central Information Commission or State Information Commission, as the case may be, shall give notice of its decision, including any right to appeal, to the complainant and the public authority.
(10)The Central Information Commission or State Information Commission, as the case may be, shall decide the appeal in accordance with such procedures as may be prescribed.
These are procedures laid down in the RTI Act, 2005 for the case of appeals. Similarly, penalties to be fined in respected cases are covered under Section 20 of the RTI Act, 2005 and Section 25 provides for the reporting procedure for the RTI applications, complaints, appeals etc. for both the Central Information Commission as well as the State Information Commission.
Case Laws
- Shri Y N Prasad Vs PIO, Ahlmad Evening Court, 2017[4]
Judicial proceedings and records are public records as per RTI Act, 2005
Facts:
In the following case, the appellant had sought information relating to which he was not party.
Judgment:
As per situation, the Court held that the appellant has the right to obtain information he sought for. Also, the Public Information officer was directed by CIC to offer proper inspection of the judicial record for the concerned parties.
- Namit Sharma Vs Union of India, 2012[5]
No Discrimination in the matter of appointment
Facts:
Section 12(5), 12(6), 15(5) and 15(6) of the India’s Right to Information (RTI) Act 2005 address the requirements and restrictions on individuals appointed to information commissions. The original petitioner alleged that the eligibility criteria were nonetheless vague and ultra vires the Constitution.
Judgment:
The Supreme Court of India held that it is ultimately for Parliament to decide whether it was appropriate to read into the RTI Act a requirement that appointees to the Information Commission possess judicial qualifications and not judiciary.No discrimination is made under the rules.
- Rakesh Kumar Gupta Vs Income Tax Appellant Tribunal, 2007[6]
Section 8(1) provides total discretion to the court to decide what should be published
Facts:
The question aroused by the appellant was that, whether under RTI Act, it is permissible to access information held by some another public authority which acts in a judicial capacity, especially when the information pertains to its orders in that judicial proceedings and actions thereto.
Judgment:
It was held by the court that judicial authority must function with total freedom, and the Commission will not authorize the use of RTI Act for any such disclosure under judicial orders.
- Mangla Ram Jat Vs PIO, Banaras Hindu University, 2008[7]
The commission made under RTI Act, has no authority to import new exemptions
Facts:
The Commission here explains its role, ambit and scope of exemption and the context of RTI Act. The Act leaves no such liberty to substitute their own views for those of Parliament reading law beyond what it is stated explicitly. .
Judgment:
Right to information as part of the fundamental right of freedom of speech and expression is well established in our constitutional jurisprudence. It was held that no authority could import new exemptions and, in the process, curtail the fundamental rights.
Conclusion
It is hereby concluded that, The Central Information Commission has originated from the Right to Information Act, 2005 which makes it a statutory body and not a constitutional body. It is also explained that Section 5 of the Act provides to constitute the CIC.
Also, the Chief Information Officer as well as Information Officers are appointed by the President on the recommendation of the Committee that includes The Prime Minister, Leader of Opposition Party and a Union Cabinet Minister appointed by the Prime Minister.
Different sections in the RTI Act, 2005 deals with the tenure, terms of services, powers, functions and procedures to be followed under the CIC as well State Information Commission. Although being an independent body, it has no right to curtail the fundamental rights and to provide judicial orders without court’s permission.
It is true that the process of election of Chief Information Commissioner and Information Commissioners is not well specified in the following act, but the procedure is mentioned already. But as we all know ‘Nothing is perfect, there is always room for betterment’.
Reference
- Abhimanyu Sharma, “Centre to file reply on current vacancies in central information Commission, SC to hear case after 4 weeks” available at: timesnownews.com (Last visited on July 14th, 2021) ↑
- Vividh Jain, “RTI rules related to the Central Information Commission” available at: blog.ipleaders.in (Last visited on July 14th, 2021) ↑
- Central Information Commission,” Who Are We”, available at: /cic.gov.in (Last visited on July 14th, 2021) ↑
- Shri Y N Prasad Vs PIO, Ahlmad Evening Court, F no. CIC/DSESJ/2016/305423 ↑
- Namit Sharma Vs Union of India, (2013) 1 SCC 745 ↑
- Rakesh Kumar Gupta Vs Income Tax Appellate Tribunal, CIC/AT/A/2006/00586 ↑
- ManglaJat Ram Vs PIO, Banaras Hindu University, Appeal no.CIC/OK/A/2008/00860 ↑