1. Composition

  1. Structure:
    • Led by a Chief Information Commissioner and supported by up to ten Information Commissioners.
  2. Appointment:
    • Appointed by the President of India based on the recommendations of a committee comprising:
      • Prime Minister (Chairperson)
      • Leader of Opposition in the Lok Sabha
      • Union Cabinet Minister (nominated by the Prime Minister)
  3. Qualifications:
    • Members should be eminent figures with expertise in areas like law, science and technology, social service, journalism, mass media, administration, or governance.
    • Restrictions:
      • Cannot hold positions in Parliament or State Legislatures.
      • Cannot be associated with political parties, business interests, or any other office of profit.

2. Tenure and Service Conditions

  • Term Length:
    • Commissioners serve until they reach the age of 65 years or until their term expires, as determined by the Central Government.
  • Reappointment:
    • No reappointment for the Chief Information Commissioner or Information Commissioners.
  • Removal Conditions:
    • Grounds for removal include insolvency, criminal conviction involving moral turpitude, engaging in outside paid employment, and mental or physical incapacity.
    • The President can remove them after consultation with the Supreme Court in cases of misbehavior or incapacity.
    • Financial interests that could compromise official functions are also grounds for removal.

3. Powers and Functions

The CIC has a wide range of powers and responsibilities under the RTI Act, which are essential for ensuring transparency and accountability within public authorities.

  • Handling Complaints:
    • The CIC addresses complaints in cases where:
      • A Public Information Officer (PIO) has not been appointed.
      • Information requests have been denied.
      • There are delays in response beyond the legally stipulated time.
      • Fees charged are unreasonable.
      • The information provided is incomplete, misleading, or false.
  • Suo Motu Inquiries:
    • The CIC can initiate inquiries on its own if there are reasonable grounds, allowing it to proactively address issues of non-compliance.
  • Civil Court Powers:
    • During inquiries, the CIC holds powers equivalent to a civil court. These include:
      • Summoning individuals, enforcing attendance, and collecting oral/written evidence.
      • Ordering discovery and inspection of documents.
      • Requisitioning public records.
      • Issuing summons for witnesses or documents.
  • Access to Records:
    • The CIC can examine any public record held by a public authority, ensuring that all necessary documentation is available for review without restriction.

4. Compliance Enforcement

  • The CIC ensures compliance with its decisions through various mechanisms, which may include:
    • Granting access to information in specified formats.
    • Directing the appointment of PIOs if none exist.
    • Mandating publication of certain information or specific categories of information.
    • Improving record-keeping practices within public authorities.
    • Training officials on RTI compliance.
    • Requiring annual reports on RTI compliance from public authorities.
    • Imposing penalties for non-compliance, including daily penalties for PIOs delaying responses.
    • Recommending disciplinary actions against errant officials.
  • Example: If a PIO does not respond within the required time, the CIC can penalize the officer at a rate of ₹250 per day, up to a maximum of ₹25,000, to encourage timely and effective responses.

5. Reporting and Advisory Roles

  • Annual Report:
    • The CIC submits a detailed annual report on the implementation and performance under the RTI Act to the Central Government, which is then presented to Parliament.
  • Recommendations for Compliance:
    • The CIC provides recommendations to public authorities to ensure better compliance with RTI provisions, enhancing transparency across government bodies.