“Information is the currency of democracy” — Thomas Jefferson.
Established in 2005, the Central Information Commission (CIC) is a statutory body constituted under the Right to Information Act (2005). It acts as an independent, high-level appellate authority vested with the powers of a civil court.
Evolution, Authority, and Jurisdiction
- Constituted: Through Official Gazette Notification under RTI Act 2005.
- Override: The RTI Act overrides the Official Secrets Act, 1923.
- Ambit: Comes under the Ministry of Personnel.
- Jurisdiction: Pertains to offices, PSUs, and financial institutions under the Central Government and Union Territories.
Objectives of the CIC
- To empower the citizens with information.
- To promote transparency and accountability.
- To contain corruption.
- To enhance people’s participation in the democratic process.
Composition and Appointment
Consists of a Chief Information Commissioner and not more than ten Information Commissioners.
- Appointed by: The President of India on the recommendation of a committee:
- Prime Minister (Chairperson)
- Leader of Opposition in the Lok Sabha
- Union Cabinet Minister (nominated by PM)
- Criteria: Persons of eminence in public life with experience in law, science, technology, management, journalism, or administration.
- Restrictions: Should not be an MP/MLA, hold office of profit, or be connected with any political party/business.
Tenure and Removal
- Tenure: Term prescribed by the Central Govt or until the age of 65 years. They are not eligible for reappointment.
- Removal: By the President on grounds of insolvency, moral turpitude, paid employment, or infirmity. For proved misbehaviour or incapacity, the President refers the matter to the Supreme Court for enquiry.
Powers and Functions
- Duty to Inquire: Into complaints regarding non-appointment of PIO, refusal of information, unreasonable fees, or misleading information.
- Suo-moto Power: Can order an inquiry into any matter if reasonable grounds exist.
- Civil Court Powers: Summoning persons, requiring discovery of documents, and receiving evidence on affidavit.
- Compliance: Can direct access to info, appointment of PIOs, and impose penalties or require compensation for the applicant.
Salient Features of RTI Act 2005
- Deadlines: 30 days for general info; 48 hours if concerning life or liberty.
- BPL: Information is free for people below the poverty line.
- Public Interest: Disclosure allowed if public interest outweighs harm (even for info under OSA 1923).
- Exemptions: Section 8 lists exemptions (Security, Foreign relations, Cabinet papers, etc.). Info can usually be disclosed after 20 years.
Important Sections of RTI Act 2005
| Section | Features |
|---|---|
| Section 2(f) | Defines "Information" as any material in any form. |
| Section 2(h) | Defines "Public Authority" (Constitutional, Statutory, or substantially funded NGOs). |
| Section 2(j) | Right to Information: Inspection of work, notes, extracts, or electronic samples. |
| Section 4 | Suo-motu disclosure obligation on public authorities. |
| Section 8(2) | Override of OSA 1923 if larger public interest is served. |
| Section 22 | Act has effect notwithstanding anything inconsistent in OSA 1923. |
Conflict: RTI vs. Official Secrets Act (OSA) 1923
The OSA 1923 was meant for secrecy/national security, enacted during Lord Curzon's time. However, Section 22 of the RTI Act ensures it overrides the OSA. The 2nd ARC recommended repealing OSA as it is incongruous with modern transparency.
Challenges to RTI and CIC
- Misuse: Voluminous requests for harassment or publicity without public interest.
- Awareness: Illiteracy and unawareness prevent many from exercising the right.
- Infrastructure: Poor record-keeping, lack of staff, and inadequate authority to enforce orders.
- Whistleblowers: Over 90 activists murdered since 2005; lack of enforcement of the 2014 Whistleblowers Protection Act.
RTI (Amendment) Act, 2019
Key Changes:
- Fixed Term Removed: Central Govt will now notify the term of office (previously 5 years).
- Salary Determination: Salaries no longer linked to Election Commission; Central Govt will determine salaries and service conditions.
- Impact: Dilutes the independence of Information Commissions and violates principles of federalism.
Political Parties under RTI
In 2013, CIC declared six national parties (BJP, Congress, BSP, NCP, CPI, CPI-M) as "Public Authorities".
| Arguments in Favour | Arguments Against |
|---|---|
| Transparency in funding; checking black money and illicit foreign contributions. | RTI can be a tool of misuse by rivals; parties are not established "under" the Constitution. |
| Parties are vital organs of the state and receive concessional land/AIR time. | Internal functioning shouldn't be public; transparency exists via IT Act/RP Act. |
Way Forward
- Pendency: Government must take steps to reduce pending appeals.
- Constitutional Status: Elevate the CIC to a constitutional authority to safeguard Art. 19(1)(a).
- Election Funding: Create a National Election Fund and replace rallies with TV debates to eliminate black money.
- Electoral Reform: Consider changing the "First Past the Post" system to a minimum vote percentage requirement.
What are your Feelings