CENTRAL INFORMATION COMMISSION (CIC)

CENTRAL INFORMATION COMMISSION (CIC)

• Central Information Commission is constituted by the Central Government through a Gazette Notification.
• Commission includes 1 Chief Information Commissioner (CIC) and not more than 10 Information Commissioners (IC) who will be appointed by the President of India.
• Oath of Office will be administered by the President of India according to the form set out in the First Schedule.
• Commission will exercise its powers without being subjected to directions by any other authority.

Eligibility criteria and the process of appointment of CIC/IC

• Candidates for CIC/IC must 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.
• CIC/IC shall not be a Member of Parliament or Member of the Legislature of any State or Union Territory. He/She shall not hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.
• Appointment Committee includes Prime Minister (Chair), Leader of the Opposition in the Lok Sabha and one Union Cabinet Minister to be nominated by the Prime Minister.

Term of office and other service conditions of CIC

• CIC shall be appointed for a term of 5 years from date on which he enters upon his office or till he attains the age of 65 years, whichever is earlier.
• CIC is not eligible for reappointment.

Powers and functions of Information Commissions

• The Information Commission has a duty to receive complaints from any person -

1. who has not been able to submit an information request because a PIO has not been appointed ;
2. who has been refused information that was requested;
3. who has received no response to his/her information request within the specified time limits ;
4. who thinks the fees charged are unreasonable ;
5. who thinks information given is incomplete or false or misleading ;and
6. any other matter relating to obtaining information under this law.

• Power to order inquiry if there are reasonable grounds.
• CIC/SCIC will have powers of Civil Court such as -

1. summoning and enforcing attendance of persons, compelling them to give oral or written evidence on oath and to produce documents or things;
2. requiring the discovery and inspection of documents;
3. receiving evidence on affidavit ;
4. requisitioning public records or copies from any court or office
5. issuing summons for examination of witnesses or documents
6. any other matter which may be prescribed.

• All records covered by this law (including those covered by exemptions) must be given to CIC/SCIC during inquiry for examination.
• Power to secure compliance of its decisions from the Public Authority includes-

1. providing access to information in a particular form;
2. directing the public authority to appoint a PIO/APIO where none exists;
3. publishing information or categories of information;
4. making necessary changes to the practices relating to management, maintenance and destruction of records ;
5. enhancing training provision for officials on RTI;
6. seeking an annual report from the public authority on compliance with this law;
7. require it to compensate for any loss or other detriment suffered by the applicant ;
8. impose penalties under this law; or
9. reject the application.

Application Procedure for requesting information

• Apply in writing or through electronic means in English or Hindi or in the official language of the area, to the PIO, specifying the particulars of the information sought for.
• Reason for seeking information are not required to be given;
• Pay fees as may be prescribed (if not belonging to the below poverty line category).

Time limit to get the information

• 30 days from the date of application.
• 48 hours for information concerning the life or liberty of a person.
• 5 days shall be added to the above response time, in case the application for information is given to Assistant Public Information Officer.
• If the interests of a third party are involved then time limit will be 40 days (maximum period + time given to the party to make representation).
• Failure to provide information within the specified period is a deemed refusal.

• Formed: 2005
• Head quarters: New Delhi, India.
• Chief Information Commissioner:Shri Radha Krishna Mathur