Transparency and accountability are considered as hallmarks of democracy. Therefore, to strengthen the transparency regime in India, Right to Information Act, 2005 provided for constitution of an independent, statutory body i.e. Central Information Commission. The Commission works as an apex body to provide access to information in a timely manner.

The Central Information Commission was established on October 12, 2005, under the Right to Information Act of 2005. Shri Wajahat Habibullah was its first Chief Information Commissioner.

Composition of the Central Information Commission

The Central Information Commission is a multi member body comprising: 

• A Chief Information Commissioner and
• There can be a maximum of 10 Information Commissioners (ICs).

Appointment of Central Information Commission

The Chief Information Commissioner and other ICs are appointed by the President on the recommendations of a Committee consisting of: 

• Prime Minister ( Chairperson of the Committee),
• Leader of Opposition in Lok Sabha, and
• Union Cabinet Minister nominated by the Prime Minister.  

Qualifications of Central Information Commission

As per Right to Information Act, 2005-

• The Chief Information Commissioner and the other ICs should be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, journalism, mass media or administration and governance. 
• They should not be a Member of Parliament or State Legislature.
• They should not hold any office of profit or connected with any political party or pursue any profession.

Tenure and removal of the members of CIC

• Regarding the tenure and removal of the members of the CIC, the Right to Information (Conditions of Service, Salaries, and Allowances) Rules of 2019 states that the Chief Information Commissioner and other Information Commissioners serve for a term of three years from the date of their appointment.

• Removal : The Chief Information Commissioner and other Information Commissioners can be removed from the office by the President under following circumstances: 

1. In case of Proved Misbehaviour or incapacity (decided after a Supreme Court inquiry).
2. He/she is adjudged as an insolvent.
3. He/she is engaged during his/her term of office in any paid employment outside the duties of the office.
4. He/she in the opinion of the President is unfit to continue in office by reason of infirmity of mind and body.

Salaries and allowances of Central Information Commission

As per RTI Amendment Act, 2019 the salaries and Allowances of the Chief Information Commissioner and the members are to be prescribed by the Central Government.

Powers and functions of Central Information Commission

The Central Information Commission performs following functions to ensure disclosure of information in a timely manner:

• Inquiry and investigation: It is the duty of the Central Information Commission to inquire into complaints from any person when:
  • The person has been refused to provide any information requested by him/her.
  • The person has not been able to submit an information request because of the vacant post of Public Information Officer.
  • The person has not received the response from the concerned authority within specified time limits under the RTI, Act, 2005.
  • The person considers that the information provided is incomplete, misleading or false.
• Suo-moto actions: Other than taking complaints, the Commission can inquire into any matter and take suo-motu actions on reasonable grounds.
• Powers of a civil court: While investigating a matter, Commission have all the powers of a civil court in following manner:
  • The Commission has the authority to summon and require the attendance of any individual from any area of India.
  • The Commission can ask for any evidence, document and any public record from Court or any other public office.
  • The Commission can ask any person to give oral or written evidence.

• Powers to secure compliance: The Commission has the powers to secure compliance from any public authority. This includes:
  • Directing the public authority to appoint PIOs in case of vacancies.
  • Making necessary changes in the practices relating to management, maintenance and destruction of records.
  • Enhancing training provision for officials to implement RTI so that they can discharge their functions efficiently.
  • Requiring the public officials to compensate for any loss suffered by the applicant.
  • Imposing penalties on the officials under RTI Act, 2005.

Along with the directions, the CIC can seek annual reports from the Public authorities on compliance with the RTI Act.

Recommendatory Role of the Central Information Commission in Ensuring RTI Efficiency

When any public authority does not function according to the provisions of the RTI Act, the Commission may recommend necessary steps to such authority to ensure efficiency in the functioning.

Report of the Central Information Commission

The CIC submits an annual report to the Central Government. The Central Government places such a report before the Parliament along with a memorandum of action taken and reasons for non-acceptance of any recommendation.

Challenges in functioning of Central Information Commission

• Dilution of independence: Previously, under the RTI Act of 2005, the members of the Central Information Commission had a fixed term of five years or until they turned 65, whichever occurred first, and their salaries and allowances were equivalent to those of the members of the Election Commission of India. However, the RTI Amendment Act, 2019 diluted such provisions and left them at the discretion of the Central Government. This amendment diluted the provisions securing independence of the Commission.
• Irregularities in appointment: According to official data of CIC, the cases of RTI are increasing every year. However, the Commission is still working below its full sanctioned strength i.e. not more than 10 ICs (Currently there are 7 ICs in the Commission). Other than this, irregularity in appointments of Chief information Commissioners and other ICs is also a challenge to its seamless functioning.
• Pendency of Cases: According to Annual report of CIC 2021-22, nearly 29,213 cases are pending for disposal before CIC. The Commission nearly takes a year to dispose of any appeal filed before it. In 2019 the Supreme Court directed the Commission to resolve the pendency in a timely manner. However, the delay in disposal of cases is still a major issue.
• Lack of transparency in appointment: The Act does not specify any concrete qualifications for individuals appointed to the CIC. The criteria provided are often seen as unclear and have faced criticism from RTI advocates The Selection Committee is also criticised for the opaque procedure of appointment for an institution, which itself is a protector of transparency and accountability.
• Denial of information:  Under section 8 of RTI Act, 2005 the Commission can reject the RTI requests on the grounds of sovereignty and integrity of India, national interests, security of nation etc. Sometimes it has been observed that due to vagueness of such grounds, the sought information is denied by Public Authority on their discretion. E.g. In cases of phone tapping and state surveillance by the Ministry of Home Affairs.
• No penalties on the officials: Though provided with the powers to impose penalties on the public officials in case of non- compliance, the CIC rarely imposes any penalties on public officials which defeat the purpose of the powers provided to the Commission.

Way ahead

• Constitutional Status to the CIC: As Right to Information is a fundamental under Article-19 of the Constitution. The Central Information Commission should also be provided with a status of a Constitutional body to ensure more independence and credibility to the Commission.
• Transparent and timely appointment: The appointment of Chief Information Commissioner and other ICs should be made in a transparent manner. Some additional qualifications need to be added to bring more expertise to the Commission. Vacancies in the Commission should be filled timely to avert any inefficiency in the functioning.
• Time frame for disposal of cases: In Second appeal cases which are referred to CIC, the Act does not specify any time frame for their disposal. The RTI Act needs to be amended to provide for a time frame for resolving cases under CIC. This can help in dealing with the problem of pendency of cases.
• Proactive measures by the Commission: Being a protector of Right to information available to citizens, the CIC itself should take proactive steps to ensure transparency in its functioning and be more sensitised towards the genuine concerns raised by the RTI activists and citizens.

Conclusion

An informed citizenry is a key to ensure responsible and good governance in the country. Therefore, the Central Information Commission should improve its functioning to play a crucial role in transforming people from passive recipients to active participants in the process of governance of the country.