Central Information Commission (CIC)

(A Key Institution Under the Right to Information Act, 2005)

Introduction

The Right to Information (RTI) Act, 2005 made India one of the world’s largest open-information democracies. To enforce this landmark legislation effectively, the Act created an independent, powerful authority:

👉 The Central Information Commission (CIC)
It is a statutory body—not a constitutional one.

Establishment of the CIC

• Constituted in 2005 under the RTI Act.
• It is an independent appellate body that deals with:
  • Complaints
  • Second appeals
  • Issues of transparency related to Central Government departments
  • Public Sector Undertakings
  • Financial institutions
  • Union Territories

Think of CIC as the supreme authority for RTI matters at the Central level.

Composition

The Commission consists of:

• 1 Chief Information Commissioner (CIC)
• Up to 10 Information Commissioners (ICs)

Appointment

Appointed by the President of India, based on recommendations from a three-member committee:

1. Prime Minister – Chairperson
2. Leader of Opposition in Lok Sabha
3. Union Cabinet Minister nominated by PM

Qualifications

They must be persons of eminence in fields such as:

• Law
• Science and technology
• Social service
• Management
• Journalism
• Mass media
• Administration and governance

Restrictions

An Information Commissioner cannot be:

• A Member of Parliament
• A Member of a State Legislature
• Holder of office of profit
• Connected with any political party
• Carrying on business or any other profession

This ensures neutrality.

Tenure and Service Conditions

• The Central Government prescribes the tenure (after 2019 amendments).
• Maximum age: 65 years.
• No reappointment is allowed.

Security of Tenure

The President can remove a CIC or IC on the following grounds:

1. Insolvency
2. Conviction for an offence involving moral turpitude
3. Engaging in paid employment during tenure
4. Physical or mental unfitness
5. Financial or other interest affecting official duty

Removal on Graver Grounds

For proved misbehaviour or incapacity:

• President must refer the case to the Supreme Court.
• If the Supreme Court upholds the charges, removal can occur.

Salary Protection

• Salary and service conditions cannot be varied to their disadvantage.

Powers and Functions of the CIC

The CIC is not merely an advisory body—it is a quasi-judicial authority with strong enforcement capabilities.

A. Receiving and Inquiring into Complaints

Anyone can file a complaint if:

1. No Public Information Officer (PIO) is appointed
2. Requested information is refused
3. No response is received in the stipulated time
4. Fees charged are unreasonable
5. Information is incomplete, false, or misleading
6. Any difficulty arises in obtaining information

B. Suo Motu Inquiry Powers

If the CIC finds reasonable grounds, it can initiate an inquiry on its own.

C. Civil Court Powers

During an inquiry, CIC has powers of a civil court, including:

1. Summoning people and taking evidence under oath
2. Demanding documents
3. Receiving affidavits
4. Requisitioning public records
5. Issuing summons for witnesses or documents
6. Any other power prescribed by the Government

These powers ensure that no authority can hide information.

D. Access to Records

CIC may examine any record under the control of a public authority, and:

➡ No record can be withheld from the CIC on any ground.

This is one of the strongest transparency provisions in the Act.

E. Ensuring Compliance

The CIC can enforce its decisions by directing the public authority to:

1. Provide information in any specific form
2. Appoint a PIO if none exists
3. Publish certain categories of information
4. Improve record-management systems
5. Increase RTI training for officials
6. Submit annual compliance reports
7. Compensate the applicant for loss suffered
8. Impose penalties on officials
9. Reject the application if it lacks merit

This makes CIC both an adjudicator and an enforcer.

F. Reporting to Parliament

• CIC submits an annual report to the Central Government.
• The Government places it before both Houses of Parliament.

This ensures accountability.

G. Recommend Reforms

If a public authority repeatedly violates the RTI Act, CIC can:

➡ Recommend steps to improve compliance.

In Essence

The Central Information Commission is the heartbeat of India’s RTI regime.
It ensures:

• Transparency
• Accountability
• Citizen empowerment

By making government information accessible, CIC strengthens the very foundation of democratic governance.