Central Information Commission

08 Nov Central Information Commission

This article covers “Daily Current Affairs” and the topic details “Central Information Commission”. This topic has relevance in the “Polity and Governance” section of the UPSC CSE exam.

 

For Prelims:

What is the Central Information Commission?
How the Information Commissioner appointed? 

For Mains:

GS2: Polity and Governance
Statutory. regulatory and various quasi-judicial bodies.

 

Why in the news?

Mr. Heeralal Samariya (IAS) has assumed the role of Chief Information Commissioner within the Central Information Commission.

 

Central Information Commission

• The Central Information Commission, established in 2005 under the Right to Information Act of 2005, holds jurisdiction over all Central Public Authorities. 

• Specific powers and functions:

• • Adjudicating second appeals for information disclosure
  • Issuing directives for record maintenance 
  • Proactively disclosing information
  • Investigating complaints regarding the inability to file RTI requests and imposing penalties
  • Overseeing and reporting on various matters, including preparing an Annual Report

• Composition of CIC:

• • Chief Information Commissioner 
  • Ten Information Commissioners 
• The decisions of the Commission are final and binding.

 

Right to Information Act (RTI), 2005

The Indian Parliament passed the Right to Information Act (RTI) in May 2005.  It gives citizens the right to access information held by public authorities, except in cases where the information is exempted under the Act.  The RTI Act aims to promote transparency and accountability in government and to combat corruption.

 

Chief Information Commissioner (CIC) and Information Commissioners (IC): 

• Appointment:

• • The President appoints the Chief Information Commissioner (CIC)  and Information Commissioners (ICs) on the recommendations of the Appointments Committee. 

• Committee for the appointment of the CIC/IC:

• • The Prime Minister serves as the Committee Chairperson.
  • The Leader of the Opposition in the Lok Sabha.
  • A Union Cabinet Minister is nominated by the Prime Minister.

• Qualifications for CIC/IC

• • Individuals eminent in public life with extensive knowledge and experience in various fields, including law, science and technology, social service, management, journalism, mass media, or administration and governance.

• Disqualifications

• • They cannot be a Member of Parliament or Member of the Legislature of any State or Union Territory.
  • They must not hold any other office of profit, be connected with any political party, or be engaged in any business or profession.

• Term of Office

• • The CIC/ICs are appointed for a fixed term of three years, starting from the date they assume office.

• Retirement from Parent Service

• • In cases where the Central or a State Government previously employed a CIC/ICs at the time of their appointment, they are considered to have retired from their prior service with effect from the date of their appointment to the Central Information Commission.

• Salaries

• • The Chief Information Commissioner receives a fixed monthly salary of Rs. 2,50,000 (Rupees two lakh and fifty thousand).
  • Information Commissioners are entitled to a fixed monthly salary of Rs. 2,25,000 (Rupees two lakh and twenty-five thousand).

• Removal:

• • An Information Commissioner can only be removed from office upon the order of the President based on proven misbehaviour or incapacity.
  • This action can only be taken after the Supreme Court inquiry following a reference made to it by the President. 
  • President can also order the removal of the Chief Information Commissioner or any Information Commissioner if they meet any of the following criteria:
    • Are adjudged insolvent.
    • Have been convicted of an offence which, in the President’s opinion, involves moral turpitude.
    • Engage in paid employment outside the duties of their office during their term of office.
    • Are, in the President’s opinion, unfit to continue in office due to infirmity of mind or body.
    • Acquire financial or other interests that are likely to adversely affect their functions as the Chief Information Commissioner or an Information Commissioner.

 

Issues related to the Central Information Commission

• Limited Reach: While the Commission has jurisdiction over all Central Public Authorities, it lacks control over state public authorities, which restricts its reach.
• Dependence on Public Information Officers: The effectiveness of the CIC relies on the appointment and cooperation of Public Information Officers. If an officer declines to accept an information request or if no officer has been appointed, the CIC’s ability to function effectively is compromised.
• Limited Resources: The CIC faces resource constraints due to its budget, potentially impeding its capacity to carry out its functions effectively.

 

While the CIC plays a crucial role in promoting transparency and accountability in public authorities, it faces challenges regarding its reach, dependence on Public Information Officers and resource constraints. However, it can leverage opportunities such as digital transformation and awareness programs to overcome these challenges. It must also navigate threats such as non-compliance by public authorities and legal challenges to its decisions.

 

Sources: Was kept in Dark on appointment of new CIC Heeralal Samariya: Adhir writes to President  – The Indian Express

Download plutus ias current affairs eng med 08th Nov 2023

Q1. With reference to the Central Information Commission, consider the following statements: 

1. The Central Information Commission is a statutory body under the Information Commission Act 2005. 
2. The Central Information Commission holds jurisdiction over all Central and State Public Authorities. 
3. The decisions of the Central Information Commission are final and binding.

Which of the statements given above is/are correct?

(a) 1 and 2 only

(b) 2 and 3 only

(c) 3 only 

(d) None 

Check Answer

 

Q2. Consider the following statements regarding Information Commissioners:

1. The President appoints the Chief Information Commissioner (CIC)  and Information Commissioners on the recommendation of the Cabinet. 
2. The CIC/ICs are appointed for a fixed term of five years. 
3. The terms of service and salaries of CIC and ICs are equal to the Chief Election Commissioner and Election Commissioners.

How many of the abovementioned statements are correct ?

(a) Only one 

(b) Only two 

(c) All three 

(d) None

Check Answer

 

Q3. Central Information Commission plays a crucial role in promoting transparency and accountability in public authorities. Discuss.