Enforcing the Right to Know: The Central Information Commission and RTI Appeal Mechanism

Central Information Commission

The Central Information Commission (CIC) was set up by the Central Government in 2005 through a notification in the Official Gazette, under the Right to Information Act, 2005. Because it derives its existence from a parliamentary statute and not from the Constitution itself, it is classified as a statutory body, not a constitutional one. This distinction is frequently tested in UPSC Prelims.

The CIC operates as a high-powered independent authority at the apex of the RTI framework at the central level. It handles complaints and second appeals relating to offices, public sector undertakings, financial institutions, and other bodies functioning under the Central Government and the Union Territories.

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The Commission consists of:

• One Chief Information Commissioner (CIC)
• Up to ten Information Commissioners

Appointment

All members are appointed by the President of India on the recommendation of a high-level committee comprising:

1. The Prime Minister (as Chairperson)
2. The Leader of Opposition in the Lok Sabha
3. A Union Cabinet Minister nominated by the Prime Minister

Note: If no Leader of Opposition has been officially recognised in the Lok Sabha, the leader of the single largest opposition group is treated as the Leader of Opposition for this purpose.

Eligibility Criteria

Appointees must be persons of eminence in public life with substantial knowledge and experience in one or more of the following fields:

• Law
• Science and Technology
• Social Service
• Management
• Journalism and Mass Media
• Administration and Governance

Disqualifications

A person is ineligible for appointment if they:

• Are a Member of Parliament or a Member of any State/UT Legislature
• Hold any other office of profit
• Are associated with any political party
• Are engaged in any business or active profession

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• The Chief Information Commissioner and each Information Commissioner hold office for 5 years or until they reach 65 years of age, whichever comes earlier.
• Reappointment is not permitted.
• However, an Information Commissioner may be appointed as the Chief Information Commissioner, but the total period in both offices combined cannot exceed five years.

Salary Parity

• The Chief Information Commissioner's salary and allowances are equivalent to those of the Chief Election Commissioner.
• Each Information Commissioner's pay is equivalent to that of an Election Commissioner.
• These terms cannot be varied to the disadvantage of the incumbent during their service.

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The President has the authority to remove the Chief Information Commissioner or any Information Commissioner under two categories of grounds:

Category A — Direct Removal by President

The President may remove a Commissioner if:

• (a) The person has been declared insolvent
• (b) The person has been convicted of an offence involving moral turpitude
• (c) The person has taken up paid employment outside their official duties during their term
• (d) The person is found unfit to continue due to infirmity of mind or body
• (e) The person has acquired financial or other interests that could prejudicially affect their official functions

Category B — Removal via Supreme Court Inquiry

For removal on grounds of proved misbehaviour or incapacity, the President must first refer the matter to the Supreme Court for an inquiry. Removal takes effect only if the Supreme Court, after its inquiry, upholds the grounds and advises removal.

Exam Trap: Misbehaviour includes being interested in any contract or agreement made by the Central Government, or participating in profits arising from such contracts — other than as an ordinary member of an incorporated company.

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1. Receiving Complaints

The Commission is empowered to receive and inquire into complaints from any person who:

• Could not submit an RTI request due to the non-appointment of a Public Information Officer (PIO)
• Was refused information
• Did not receive a response within the prescribed time
• Considers the fees charged unreasonable
• Received incomplete, misleading, or false information
• Has any other grievance relating to obtaining information

2. Suo Motu Inquiry

The Commission can initiate an inquiry on its own motion (suo motu) if it has reasonable grounds to believe that a violation has occurred.

3. Civil Court Powers During Inquiry

While conducting an inquiry, the Commission exercises powers equivalent to those of a civil court, including:

• Summoning persons and compelling oral or written evidence under oath
• Requiring production and inspection of documents
• Receiving evidence on affidavit
• Requisitioning public records from courts or offices
• Issuing summons for examination of witnesses or documents

4. Access to All Public Records

During an inquiry, the Commission may examine any record held by a public authority. No record may be withheld from the Commission on any grounds whatsoever — this is an absolute obligation.

5. Securing Compliance — Directions to Public Authorities

The Commission can direct public authorities to:

• Provide access to information in a specified form
• Appoint a PIO where none exists
• Publish information or categories of information
• Reform record management, maintenance, and destruction practices
• Enhance RTI training for officials
• Submit annual compliance reports
• Compensate the applicant for any loss or harm suffered
• Reject the application (where appropriate)

6. Imposing Penalties

The Commission can impose a penalty on the PIO at the rate of ₹250 per day, up to a maximum of ₹25,000. It can also recommend disciplinary action against the errant official to the competent authority.

7. Annual Report

The Commission submits an Annual Report to the Central Government on the implementation of the RTI Act. The Central Government is required to lay this report before both Houses of Parliament.

8. Recommending Conformity

Where a public authority is not complying with the provisions of the RTI Act, the Commission may recommend corrective steps to bring that authority into conformity with the Act.

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The Central Information Commission falls under the Ministry of Personnel, Public Grievances and Pensions. This is relevant for understanding its administrative linkage within the Union Government structure.

For reference, other key bodies and their parent ministries:

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• CIC is statutory, not constitutional — established under RTI Act, 2005.
• Appointment involves a three-member committee headed by the PM.
• Term: 5 years or age 65, whichever is earlier; no reappointment.
• Salary parity: CIC = Chief Election Commissioner; IC = Election Commissioner.
• Removal for misbehaviour/incapacity requires Supreme Court inquiry first.
• Penalty on PIO: ₹250/day, max ₹25,000.
• Has civil court powers during inquiry but is not a court.
• No record can be withheld from CIC during inquiry — absolute rule.
• Annual report goes to Central Government → placed before Parliament.
• Falls under Ministry of Personnel.