The Central Information Commission (CIC) of India stands as a pivotal institution in the country's democratic framework, championing the cause of transparency and accountability. Enshrined in the Right to Information Act of 2005, it serves as a guardian of citizens' right to access the information held by public authorities. Established on October 12, 2005, the Commission operates autonomously and functions as a quasi-judicial body with the authority to adjudicate complaints and appeals against decisions made by public authorities.
It comprises a Chief Information Commissioner and up to ten Information Commissioners. It operates across the entire spectrum of governmental levels, from central to state and municipal bodies. Its role not only involves the redressal of grievances but also ordering the release of information, imposition of penalties for non-compliance, and overseeing the effective implementation of the RTI Act.
In essence, the commission plays a crucial role in fostering an open, transparent, and accountable governance system by ensuring that the citizens have unfettered access to information.
Brief Timeline of Central Information Commission of India
The following is the historical timeline leading to the establishment of the Central Information Commission (CIC) in India:
1997-1998: The Mazdoor Kisan Shakti Sangathan (MKSS), a grassroots organization, launched the Right to Information (RTI) campaign, demanding transparency in government functioning.
1999: The enactment of a Freedom of Information Act was put by the Press Council of India
2000: A first-of-its-kind Right-to-Information Act was passed by the Rajasthan Government, making it the first Indian state to implement a right to information legislation.
2002: The formulation of a national law on the right to information was put forward as a recommendation by The National Advisory Council (NAC)
lapsed with the dissolution of the 13th Lok Sabha.
2004: The United Progressive Alliance (UPA) government came to power, and the National Common Minimum Programme (NCMP) was formulated which included a commitment to enacting a national law on the right to information.
2005: The Right to Information Bill, 2005 was introduced in the Lok Sabha on May 11, 2005.
2005: The Right to Information Act, of 2005 received Presidential assent on June 15, 2005.
2005: The Act came into effect on October 12, 2005.
2005: Wajahat Habibullah was appointed as the first Chief Information Commissioner on October 26, 2005.
The above timeline underscores the incremental steps and legislative developments leading to the establishment of the CIC, marking a significant stride towards transparency and accountability in India's governance system.
Composition and Structure of Central Information Commission
The composition and structure of the Central Information Commission (CIC) in India are based on the provisions of the Right to Information Act, 2005 and the subsequent amendment of 2019.
Here is the general structure:
Chief Information Commissioner (CIC):
The Chief Information Commissioner is the head of the Central Information Commission.
The Chief Information Commissioner is appointed by the President of India.
The term of office is for five years (now 3 years) or until the age of 65, whichever is earlier.
The Chief Information Commissioner is not eligible for reappointment.
Information Commissioners (ICs):
The CIC can have up to ten Information Commissioners.
Information Commissioners are appointed by the President on the recommendation of a committee consisting of the Prime Minister (who is the Chairperson of the committee), the Leader of the Opposition in the Lok Sabha, and a Union Cabinet Minister who is nominated by the Prime Minister.
Terms and Conditions of Service:
The Chief Information Commissioner and Information Commissioners originally held the office for a term of five years or until they attained the age of 65, whichever is earlier.
However, with the recent amendment of 2019, the term has been altered and amended to 3 years.
They are not eligible for reappointment.
Under the new amendment, the salaries, allowances and other conditions of services of CICs and ICs would be determined by the Central Government.
Independence:
The CIC and Information Commissioners function independently and are not subject to the control of any government authority.
Powers and Function
The CIC and Information Commissioners are vested with the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908. Here are the key powers and functions of the CIC under the RTI Act:
Adjudication on Appeals and Complaints:
The body has the authority to hear appeals and complaints filed by individuals who are dissatisfied with the decisions of public authorities or information officers concerning the release of information.
Decision-Making and Orders:
It reviews evidence presented during hearings and makes decisions on whether the requested information should be disclosed. The orders issued by it are binding to public authorities.
Ordering Disclosure of Information:
The CIC can issue orders to public authorities and mandate the disclosure of information that is deemed to be in the public interest or is covered under the provisions of the RTI Act.
Penalties and Imposition of Costs:
The CIC has the power to impose penalties on officials found to have violated the provisions of the RTI Act. They may be levied for unjustified refusals, delays, or other non-compliance. Compensation for losses or harassment suffered by the appellant may also be ordered.
Monitoring Implementation of RTI Act:
It monitors the implementation of the RTI Act across various government departments and agencies which includes ensuring that public authorities are proactive in making information available and adhering to the timelines specified in the Act.
Inspection of Records:
The body has the authority to inspect records of public authorities under certain circumstances, ensuring transparency and accountability in the functioning of government bodies.
Appellate Authority for State Information Commissions:
The CIC also serves as the final appellate authority for hearing appeals against decisions made by State Information Commissions.
Other Important Information
Heeralal Samariya is the 12th and Current Chief Information commissioner of India.
He took office on 6 November 2023 and would serve as CIC till 13 September 2025.
He replaced Yashwardhan Kumar Sinha as the Chief Information commissioner during the 2020-2023 period.
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