1. Composition
- Structure:
- Led by a Chief Information Commissioner and supported by up to ten Information Commissioners.
- 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)
- Appointed by the President of India based on the recommendations of a committee comprising:
- 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.
- The CIC addresses complaints in cases where:
- 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.
- During inquiries, the CIC holds powers equivalent to a civil court. These include:
- 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.