The Central Information Commission (CIC) is a statutory body responsible for directing the execution of the Right to Information Act of 2005. When citizens file appeals after being refused access to information by government agencies, the CIC is in the role of reviewing and making a decision. Also, the CIC has the authority to mandate that government agencies release information.
The CIC has been important in ensuring that India’s citizens have access to the information to which they are legally entitled and has contributed to an increase in government accountability and transparency. In this article, we will look into the various aspects of the Central Information Commission (CIC) in detail.
The Central Information Commission of India is an independent, non-constitutional authority. CIC was established in 2005. It assesses if the nation’s democratic values are effectively being maintained. The Commission investigates and files complaints on behalf of individuals who, when questioned, neglected to provide information to the government. The primary goals of this council are to empower citizens with knowledge and promote a sense of accountability and transparency throughout the nation.
It’s funded by the annual budget of the Indian government. Despite being a significant and worthwhile organization, the CIC has occasionally been criticized for its slowness and inefficiency. According to some, the Commission sometimes makes decisions without following the correct process, which causes many appeals to be delayed or even rejected. But the CIC is essential to raising the level of accountability and openness in government, even in the face of these critiques.
Central Information Commission Headquarters
The Central Information Commission is headquartered in New Delhi’s Bhikaji Cama Place and has regional offices in all major Indian cities.
Central Information Commission Members
The CIC is headed by the Chief Information Commissioner and has up to ten Information Commissioners working with it. The Chief Information Commissioner holds office for five years. There are currently 10 Information Commissioners on the Commission in addition to the Chief Information Commissioner. Currently (2023), Shri Heeralal Samariya is the Chief Information Commissioner of the Central Information Commission (CIC) appointed by President Smt. Droupadi Murmu.
Chief Information Commissioners (CICs) and Information Commissioners are appointed by the President to their respective positions for a period determined by the Central Government, or until they turn 65, whichever comes first.
- Chief Information Commissioners work with a committee that is composed of the Prime Minister, the Leader of the Opposition in the Lok Sabha, and a Union Cabinet Minister selected by the Prime Minister.
- They don’t meet the requirements to be promoted.
- The chief information commissioner is assisted by 10 information commissioners.
- To maintain operational control, the CIC advises the secretary and assistant secretary.
- The members need to be prominent personalities in the public sphere with extensive backgrounds in media, administration, social service, science & technology, law, and governance.
- Members are not allowed to hold office for profit, be members of any political party, be MPs or MLAs, or operate a business.
The President has the authority to remove members for many different kinds of reasons, including insolvency, mental illness, physical or mental impairment, serving a jail sentence for a criminal offense, or holding a paid job.
If the investigation headed by the Supreme Court deems the member guilty, they may also be removed for demonstrated misconduct or incapacity. Members may also provide written notice of their resignation to the Indian President.
The following describes the powers and functions of the Central Information Commission:
- The CIC is responsible for investigating complaints from the public over access to information controlled by public authorities and for making decisions on appeals against the choices made by appointed appellate officers.
- The commission will penalize central public information officers and propose disciplinary action against those who have refused to provide information under the act’s provisions without a valid reason.
- In an appeal, the commission’s decision is final and cannot be questioned in a different legal forum.
- The commission has the authority to suggest actions that public authorities should take to promote compliance with the act if they do not comply with the law’s provisions or spirit.
- Any record under the jurisdiction of the public authority is examined by the commission established during the investigation into any complaint, and no such record may be kept hidden from it for any reason.
- The commission will get orders from the government each year to address any issues related to implementing the right to access information.
The following are some issues associated with CIC:
1. Backlogs & Delays
The average time for the CIC to handle an appeal or complaint is 388 days. This time frame begins on the day the commission received the complaint or appeal. According to a newly published study, the Central and State Information Commissions are now handling over 2.2 lakh cases under the RTI Act, of 2005.
2. No mention of Penalties
The recently released study also made note of the lack of any measures for penalties if a government official breaks any state or federal laws. Also, it was discovered that only 2.2% of the cases the commission resolved resulted in the officials being found guilty of breaking the law and facing fines from the commission. On the other hand, a prior report indicated that at least 59% of the cases submitted under the CIC had some sort of legal infraction and that in such cases, fines should have been applied.
3. Availability of Vacant Positions in the CIC
There are three vacant positions in the Central Information Commission, even though the courts have issued directives on multiple occasions.
4. Transparency Gap in the CIC
The precise standards used by the Prime Minister-chaired committee to choose the Chief Information Commissioner and the other Information Commissioners are not made available to the general public. As a result, the Central Information Commission’s appointment process and operation are unclear.
India has used the Right to Information Act as a tool and implemented structural reforms to fight corruption. Files have been transferred with accountability and transparency in the open and transparent operation of government. More than any other prior effort, the Right to Information Act of 2005 has been important in promoting transparency.
The RTI Act, 2005 addresses the establishment of the State Information Commission and the Central Information Commission in Sections 12 and 15. The following are some RTI Act, 2005 sections related to the Central Information Commission:
- Section 13: The Central government sets the terms of employment, including tenure, pay, benefits, and working conditions.
- Section 14: Information Commissioner and Chief Information Commissioner Removal. i.e., the President may remove them based on the Supreme Court’s recommendation.
The Right to Information Act of 2005 and the Central Information Commission have fundamentally altered how government operates and increased transparency and accountability. To overcome democratic inadequacies, developmental shortcomings, and accountability, transparency is essential.
The Department of Personnel and Training recently announced draft regulations that outline the authority, benefits, and other details of the Chief Information Commissioner of India and Information Commissioner. These include:
- There has been a shift from the previous five-year term and pay and benefits comparable to the Election Commission. Now, the government determines their tenure, authority, status, benefits, and compensation.
- The latest report from the Department of Personnel and Training states that the Central Information Commission’s terms of conditions, including his salary and benefits, should be comparable to those of the Cabinet Secretary, who receives far less than those of the Election Commission.
- Also, it suggests that they will be degraded to other positions within the hierarchy.
- If it is approved, the monthly sumptuary allowances will decrease by Rs 10,000, and the Chief Election Commissioner and Election Commissioner will no longer be eligible for any of the other allowances.
In Bhagat Singh v. CIC, 2007 SCC OnLine Del 1607, the court decided that while information about specifics could hamper the course of the inquiry, a person is entitled to know the status of the investigation into their Tax Evasion Petition (TEP) application. The CPIO/FAA supplied extra material, showing that the investigation was ongoing, in response to the appellant’s request for information regarding his 2013 TEP application and the investigation report. The Delhi HC ruled that Section 8(1)(j) does not address recovery; rather, it exclusively addresses investigation and prosecution. Referring to earlier rulings in Ved Prakash Doda v. ITO, Shri Virag R. Dhulia v. Income Tax Department, Kolkata, and Ved Prakash Doda v. ITO, the Commission declared that the appellant had to be informed of the investigation’s general findings upon its completion without disclosing any details.
Central Information Commission is important because of the following reasons:
- The CIC makes sure that information is efficiently distributed by the RTI Act.
- An applicant may approach the CIC to obtain access to the necessary information even in cases where a central authority declines to supply it by the RTI Act.
- The CIC makes sure democracy runs as smoothly as possible.
- Through the CIC, the core principle of democracy—”Government of the people, by the people, for the people”—is truly realized.
- Also, the CIC facilitates the ecology of good governance.
- They also contribute to improved accountability, efficiency, and openness in government operations by cutting down on red tape.
- It also aids in the decrease of incidences of corruption in government operations.
The Central Information Commission, or CIC, is an extremely important topic in Indian Polity. This is an important topic that could come up in the UPSC Mains GS or Prelims examination. Students who are preparing for UPSC exam can refer to this article for comprehensive understanding of the topic. It is required to be supplemented with current affairs.
Also Read:
1. Is Central Information Commission a Statutory Body?
Yes, the Government of India established the Central Information Commission as a statutory body in 2005 under the Right to Information Act to address complaints from people who have been unable to submit information requests to a Central Public Information Officer or State Public Information Officer.
2. Central Information Commission falls under which Ministry?
Central Information Commission falls under Ministry of Personnel. The Right to Information Act of 2005 led to the creation of the Central Information Commission (CIC), a governmental authority.
3. Is Central Information Commission a Constitutional Body?
The Central Information Commission is not a constitutional body. Under the RTI Act of 2005, the CIC was established on October 12, 2005. It covers all central government authorities under its authority.
4. What is the tenure of CIC and IC?
Under the guidelines of the Right to Information (RTI) Act, 2005, it was founded in 2005. Ten additional Information Commissioners support the Chief Information Commissioner, who leads the CIC. According to the 2005 Act, the CIC and ICs (at the federal and state levels) will serve five-year terms in office.
5. What is the difference between CIC and SIC?
The Central Government receives an annual report from CIC. This report is presented to Parliament by the central government. The State Government receives an annual report from the SIC. This report is presented to the State Legislature by the State Government.
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