Q1.

Explain the appointment terms and conditions of service and removal of central information commissioner under
the RTI Act, 2005

Q2. Explain the constitution, powers and functions of state information commission.

Q3. State the provisions relating to appointment of information commissioners and their service condition. Refer to
cases.

Q4. Examine the constitution, powers and functions of information commissions.

Q5. Explain the compostion, powers and functions of central information commission.

Ans:-

Synopsis Central information commission - CIC State information commission - SIC

INTRODUCTION In india, the information commission is an important institution for the smooth operation of democracy
and good government. The information commissions(CIC/SIC) was established on October 12, 2005
under the rti act of 2005. It has control over all government(according to state and centre) agencies. It is
made up of a chief information commissioner and 10 information commissioners.
BACKGROUND The central/state information commission or CIC /SIC is a statutory body established under the right to
information act, 2005.the information commission is plays an important role in maintaining
transparency in the system of the governance which is essential in the democracy and The chief
information commission is also the watchdog of informative secrecy and denial of information.
COMPOSTION Section 12 - The central information commission Section 15 - The state information commission is
is headed by a chief information commissioner of headed by a chief state information commissioner
india and a maximum of 10 information of state and a maximum of 10 information
commissioners. commissioners.
 The CIC members should be people of  The SIC members should be people of
eminent personal life with a wide eminent personal life with a wide
knowledge of laws, science and knowledge of laws, science and
technology, social service, management, technology, social service, management,
journalism and governance etc. journalism and governance etc.
 The president appoints the central  The governer appoints the state
information commission on the information commission on the
committee’s recommendation(Committee committee’s recommendation(Committee
consisting of prime minister as consisting of chief minister as chairperson,
chairperson, the opposition leader in lok the opposition leader in the legislative
sabha and any the central cabinet assembly and any the central cabinet
ministers of the union nominated by the ministers to be nominated by the chief
prime minister as members) minister as members)
TERM OF Section 13 - The tenure of the central information Section 16 - The tenure of the state information
OFFICE commissioner and information commissioners is commissioner and information commissioners is
decided by the central government or until they decided by the central government or until they
attain the age of 65 years, whichever is earlier, attain the age of 65 years, whichever is earlier, and
and they are not eligible for reappointment they are not eligible for reappointment
 RESIGNATION(section 13(4)) - the chief  RESIGNATION(section 16(4)) - the chief
information commissioner or an state information commissioner or an
information commissioner may at any state information commissioner may at
time by writing under his hand addressed any time by writing under his hand
to the president, resign from his office addressed to the Governor, resign from his
 SALARIES (section13 (5))The salary, office
allowances and service conditions of the  SALARIES (section13 (5))The salary,
chief information commissioner or allowances and service conditions of the

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 information commissioners depend on state chief information commissioner or
the central government state information commissioners depend
on the central government

REMOVAL Section 14 - The president can remove the CIC on Section 17 - The Governor can remove the SIC on
the advice of the supreme court on the ground of the advice of the supreme court on the ground of
proven misbehavior or incapacity. And the proven misbehavior or incapacity. And the
president may by order remove from office as the Governor may by order remove from office as the
case may be. case may be.
a. is adjudged an insolvent a. is adjudged an insolvent
b. has been convicted of an offence b. has been convicted of an offence which,
which, in the opinion of the president, in the opinion of the president, involves
involves moral turpitude. moral turpitude.
c. engages during his term of office in any c. engages during his term of office in any
paid employment outside the duties of his paid employment outside the duties of his
office office
d. is, in the opinion of the president, unfit d. is, in the opinion of the Governor, unfit
to continue in office by reason of infirmity to continue in office by reason of infirmity
of mind or body of mind or body
e. has acquired such financial or other e. has acquired such financial or other
interest as is likely to affect prejudicially interest as is likely to affect prejudicially his
his functions as the chief information functions as the state chief information
commissioner or a information commissioner or a information
commissioner commissioner
POWERS AND Section 18 - the commission acts as the highest appellate body under the RTI Act and has the following
FUNCTIONS powers and functions:
 It is the duty of the commission to receive and inquire into a complaint from any person, who
has not been able to submit an information request because of non - appointement of a public
information officer(PIO) or refused information that was requested:
a. who has been refused access to any information requested under this act.
b.. who has not been given a response to a request for information or access to information within
the limits specified under this act.
c. who has been required to pay an amount of fee which he or she considers unreasonable.
d. who believes that he or she has been given incomplete, misleading or false information under
this act.
e. in respect of any other matter relating to requesting or obtaining acces to records under this act.
If the commission satisfied that there are reasonable grounds to inquire into the matter, it may
initiate an inquiry in respect thereof (SUO-MOTO POWER)

 Section 18 (3) - while inquiring, the commission has the POWER OF A CIVIL COURT in respect of
such matters like summoning and enforcing the attendance of persons and compelling them to
give oral and to produce documents or things etc.

 The commission also has the power to secure compliance of its decisions from the public
authority. This includes - directing the public authority to appoint a public information officer
where non exists, enhancing training provisions for officials on the right to information, seeking
an annual report from public authority on compliance with this avt, imposing penalties under
RTI Act etc.
CONCLUSION Therefore, the vacant position in the commission should be filled at the earliest. A critical review should
be done to see the number of people required to efficiently run the commission and All the public
institutions should be made answerable to the public under the RTI Act.

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