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and also changed the eligibility condition for
appointment of member of the Commission.
4. Before each House of State Legislature where it
57 Central Information Commission
T
he Central Information Commission was established by the
Central Government in 2005. It was constituted through an
Official Gazette Notification under the provisions of the
Right to Information Act (2005). Hence, it is not a constitutional
body. The Central Information Commission is a high-powered
independent body which inter alia looks into the complaints made
to it and decide the appeals. It entertains complaints and appeals
pertaining to offices, financial institutions, public sector
undertakings, etc., under the Central Government and the Union
Territories.
COMPOSITION
The Commission consists of a Chief Information Commissioner
and not more than ten Information Commissioners. The
Commission, when constituted initially, had five commissioners
including the Chief Information Commissioner. At present (2019),
the Commission has six Information Commissioners apart from
the Chief Information Commissioner1. They are appointed by the
President on the recommendation of a committee consisting of the
Prime Minister as Chairperson, the Leader of Opposition in the
Lok Sabha and a Union Cabinet Minister nominated by the Prime
Minister2. They should be persons of eminence in public life with
wide knowledge and experience in law, science and technology,
social service, management, journalism, mass media or
administration and governance. They should not be a Member of
Parliament or Member of the Legislature of any State or Union
Territory. They should not hold any other office of profit or
connected with any political party or carrying on any business or
pursuing any profession.
TENURE AND SERVICE CONDITIONS
The Chief Information Commissioner and an Information
Commissioner shall hold office for such term as prescribed by the
Central Government or until they attain the age of 65 years,
whichever is earlier. They are not eligible for reappointment3 .
The President can remove the Chief Information Commissioner
or any Information Commissioner from the office under the
following circumstances:
(a) if he is adjudged an insolvent; or
(b) if he has been convicted of an offence which (in the opinion
of the President) involves a moral turpitude; or
(c) if he engages during his term of office in any paid
employment outside the duties of his office; or
(d) if he is (in the opinion of the President) unfit to continue in
office due to infirmity of mind or body; or
(e) if he has acquired such financial or other interest as is likely
to affect prejudicially his official functions.
In addition to these, the President can also remove the Chief
Information Commissioner or any Information Commissioner on
the ground of proved misbehaviour or incapac-ity4. However, in
these cases, the President has to refer the matter to the Supreme
Court for an enquiry. If the Supreme Court, after the enquiry,
upholds the cause of removal and advises so, then the President
can remove him.
The salary, allowances and other service conditions of the
Chief Information Commissioner and an Information
Commissioner shall be such as prescribed by the Central
POWERS AND FUNCTIONS
The powers and functions of the Central Information Commission
are:
1. It is the duty of the Commission to receive and inquire into a
complaint from any person:
(a) who has not been able to submit an information request
because of non-appointment of a Public Information
Officer;
(b) who has been refused information that was requested;
(c) who has not received response to his information
request within the specified time limits;
(d) who thinks the fees charged are unreasonable;
(e) who thinks information given is incomplete, misleading
or false; and
(f) any other matter relating to obtaining information.
2. The Commission can order inquiry into any matter if there
are reasonable grounds (suo-moto power).
3. While inquiring, the Commission has the powers of a civil
court in respect of the following matters:
(a) summoning and enforcing attendance of persons and
compelling them to give oral or written evidence on oath
and to produce documents or things;
(b) requiring the discovery and inspection of documents;
(c) receiving evidence on affidavit;
(d) requisitioning any public record from any court or office;
(e) issuing summons for examination of witnesses or
documents; and
(f) any other matter which may be prescribed.
4. During the inquiry of a complaint, the Commission may
examine any record which is under the control of the public
authority and no such record may be withheld from it on any
grounds. In other words, all public records must be given to
the Commission during inquiry for examination.
5. The Commission has the power to secure compliance of its
decisions from the public authority. This includes:
(a) providing access to information in a particular form;
(b) directing the public authority to appoint a Public
Information Officer where none exists;
(c) publishing information or categories of information;
(d) making necessary changes to the practices relating to
management, maintenance and destruction of records;
(e) enhancing training provision for officials on the right to
information;
(f ) seeking an annual report from the public authority on
compliance with this Act;
(g) requiring the public authority to compensate for any loss
or other detriment suffered by the applicant;
(h) imposing penalties under this Act5 ; and
(i) rejecting the application.
6. The Commission submits an annual report to the Central
Government on the implementation of the provisions of this
Act. The Central Government places this report before each
House of Parliament.
7. When a public authority does not conform to the provisions
of this Act, the Commission may recommend (to the
authority) steps which ought to be taken for promoting such
conformity.
Table 57.1 National Commissions / Central Bodies and the
Related Ministries
Sl. Commission / Body Falls Under
No.
1. Central Information Ministry of Personnel
Commission
2. Finance Commission Ministry of Finance
3. Union Public Service Ministry of Personnel
Commission
4. Inter-State Council Ministry of Home Affairs
5. Staff Selection Commission Ministry of Personnel
6. National Commission for Ministry of Social Justice &
7. National Commission for Ministry of Tribal Affairs
STs
8. Central Vigilance Ministry of Personnel
Commission
9. Zonal Councils Ministry of Home Affairs
10. Central Bureau of Ministry of Personnel
Investigation
11. National Investigation Ministry of Home Affairs
Agency
12. Commissioner for Linguistic Ministry of Minority Affairs
Minorities
13. National Commission for Ministry of Women and
Protection of Child Rights Child Development
14. National Commission for Ministry of Social Justice &
Backward Classes Empowerment
15. Central Commissioner for Ministry of Social Justice &
Disabled Persons Empowerment
16. Central Social Welfare Ministry of Women and
Board Child Development
17. North Eastern Council Ministry of Development of
the North Eastern Region
18. Central Administrative Ministry of Personnel
Tribunal
19. National Commission for Ministry of Minority Affairs
Minorities
20. National Human Rights Ministry of Home Affairs
Commission
21. National Commission for Ministry of Women and
Women Child Development
22. Good and Services Tax Ministry of Finance
Council
23. Lokpal Ministry of Personnel
24. National Investigation Ministry of Home Affairs
Agency
25. National Disaster Ministry of Home Affairs
Management Authority
26. Attorney General of India Ministry of Law and Justice
27. Solicitor General of India Ministry of Law and Justice
28. Law Commission of India Ministry of Law and Justice
29. Election Commission of Ministry of Law and Justice
India
30. Delimitation Commission of Ministry of Law and Justice
India
NOTES AND REFERENCES
1. Annual Report 2018–2019, Ministry of Personnel,
Government of India, p. 144.
2. Where the Leader of Opposition in the Lok Sabha has
not been recognized as such, the Leader of the single
largest group in opposition of the Government in the Lok
Sabha shall be deemed to be the Leader of the
Opposition.
3. The Information Commissioner is eligible for
appointment as Chief Information Commissioner but
cannot hold office for more than a total of five years
including his term as Information Commissioner.
4. He is deemed to be guilty of misbehaviour, if he is
concerned or interested in any contract or agreement
made by the Central Government or participates in any
way in the profit of such contract or agreement or in any
benefit or emolument arising there from otherwise than
as a member and in common with the other members of
an incorporated company.
5. The Commission can impose a penalty on the Public
Information Officer at the rate of ₹250 per day upto a
maximum of ₹25,000. It can also recommend for
disciplinary action against the errant official.
58 State Information Commission
T
he Right to Information Act of 2005 provides for the
creation of not only the Central Information Commission
but also a State Information Commission at the state level.
Accordingly, all the states have constituted the State Information
Commissions through Official Gazette Notifications.
The State Information Commission is a high-powered
independent body which interalia looks into the complaints made
to it and decide the appeals. It entertains complaints and appeals
pertaining to offices, financial institutions, public sector
undertakings, etc., under the concerned state government.
COMPOSITION
The Commission consists of a State Chief Information
Commissioner and not more than ten State Information
Commissioners1. They are appointed by the Governor on the
recommendation of a committee consisting of the Chief Minister
as Chairperson, the Leader of Opposition in the Legislative
Assembly and a State Cabinet Minister nominated by the Chief
Minister2. They should be persons of eminence in public life with
wide knowledge and experience in law, science and technology,
social service, management, journalism, mass media or
administration and governance. They should not be a Member of
Parliament or Member of the Legislature of any State or Union
Territory. They should not hold any other office of profit or
connected with any political party or carrying on any business or
pursuing any profession.
TENURE AND SERVICE CONDITIONS
The State Chief Information Commissioner and a State
Information Commissioner shall hold office for such term as
prescribed by the Central Government or until they attain the age
of 65 years, whichever is earlier. They are not eligible for
reappointment3 .
The Governor can remove the State Chief Information
Commissioner or any State Information Commissioner from the
office under the following circumstances:
(a) if he is adjudged an insolvent; or
(b) if he has been convicted of an offence which (in the opinion
of the Governor) involves a moral turpitude; or
(c) if he engages during his term of office in any paid
employment outside the duties of his office; or
(d) if he is (in the opinion of the Governor) unfit to continue in
office due to infirmity of mind or body; or
(e) if he has acquired such financial or other interest as is likely
to affect prejudicially his official functions.
In addition to these, the Governor can also remove the State
Chief Information Commissioner or any State Information
Commissioner on the ground of proved misbehaviour or
incapacity4. However, in these cases, the Governor has to refer
the matter to the Supreme Court for an enquiry. If the Supreme
Court, after the enquiry, upholds the cause of removal and
advises so, then the Governor can remove him.
The salary, allowances and other service conditions of the
State Chief Information
Commissioner and a State Information Commissioner shall be
such as prescribed by the Central Government. But, they cannot
be varied to his disadvantage during service.
POWERS AND FUNCTIONS
The powers and functions of the State Information Commission
are:
1. It is the duty of the Commission to receive and inquire into a
complaint from any person:
(a) who has not been able to submit an information request
because of non-appointment of a Public Information
Officer;
(b) who has been refused information that was requested;
(c) who has not received response to his information
request within the specified time limits;
(d) who thinks the fees charged are unreasonable;
(e) who thinks information given is incomplete, misleading
or false; and
(f) any other matter relating to obtaining information.
2. The Commission can order inquiry into any matter if there
are reasonable grounds (suo-moto power).
3. While inquiring, the Commission has the powers of a civil
court in respect of the following matters:
(a) summoning and enforcing attendance of persons and
compelling them to give oral or written evidence on oath
and to produce documents or things;
(b) requiring the discovery and inspection of documents;
(c) receiving evidence on affidavit;
(d) requisitioning any public record from any court or office;
(e) issuing summons for examination of witnesses or
documents; and
(f) any other matter which may be prescribed.
4. During the inquiry of a complaint, the Commission may
examine any record which is under the control of the public
authority and no such record may be withheld from it on any
grounds. In other words, all public records must be given to
the Commission during inquiry for examination.
5. The Commission has the power to secure compliance of its
decisions from the public authority. This includes:
(a) providing access to information in a particular form;
(b) directing the public authority to appoint a Public
Information Officer where none exists;
(c) publishing information or categories of information;
(d) making necessary changes to the practices relating to
management, maintenance and destruction of records;
(e) enhancing training provision for officials on the right to
information;
(f) seeking an annual report from the public authority on
compliance with this Act;
(g) requiring the public authority to compensate for any loss
or other detriment suffered by the applicant;
(h) imposing penalties under this Act5 ; and