How is the Central Information Commission established?

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Points to Remember:

  • The Central Information Commission (CIC) is an autonomous body.
  • Its establishment is governed by the Right to Information Act, 2005.
  • The process involves appointment by the President of India.
  • The qualifications and tenure of Information Commissioners are specified by law.

Introduction:

The Central Information Commission (CIC) is a crucial institution in India, established under the Right to Information Act, 2005 (RTI Act). This Act aims to empower citizens by providing them with access to information held by public authorities. The CIC plays a vital role in ensuring transparency and accountability within the government by adjudicating on appeals and complaints related to information requests. Its establishment is a key component of the RTI Act’s effectiveness. The Act itself states that the CIC shall be composed of a Chief Information Commissioner and such number of Information Commissioners, not exceeding ten, as the Central Government may, from time to time, deem necessary.

Body:

1. Appointment of the Chief Information Commissioner and Information Commissioners:

The Chief Information Commissioner (CIC) and Information Commissioners are appointed by the President of India. The process involves a selection committee headed by the Prime Minister. Other members include the Leader of the Opposition in the Lok Sabha and a Cabinet Minister nominated by the Prime Minister. This committee recommends suitable candidates to the President, who then makes the final appointments. This process aims to ensure the independence and impartiality of the CIC.

2. Qualifications for Appointment:

The RTI Act specifies the qualifications for appointment. Candidates must be persons of eminence in public life with wide knowledge and experience in law, science, social service, management, journalism, mass media or administration and governance. They should have impeccable integrity and proven administrative experience. The emphasis on diverse backgrounds ensures a well-rounded commission capable of handling a wide range of information requests.

3. Tenure and Removal:

The Chief Information Commissioner and Information Commissioners hold office for a term of five years or until they attain the age of 65 years, whichever is earlier. They can be removed from office only by order of the President on the grounds of proved misbehavior or incapacity after an inquiry by a Supreme Court Judge. This provision safeguards their independence and prevents undue political influence.

4. Powers and Functions:

The CIC has the power to receive and inquire into complaints regarding the denial of information. It can direct public authorities to disclose information, impose penalties for non-compliance, and recommend disciplinary action against erring officials. These powers are crucial for the effective implementation of the RTI Act.

Conclusion:

The establishment of the Central Information Commission is a multi-stage process designed to ensure the appointment of qualified and independent individuals. The selection committee, the prescribed qualifications, the fixed tenure, and the stringent removal process all contribute to the CIC’s autonomy and effectiveness. The CIC’s role in upholding the Right to Information is paramount for a transparent and accountable government. Moving forward, strengthening the CIC’s resources and ensuring timely disposal of cases are crucial for enhancing its effectiveness and further promoting citizen empowerment. A robust and independent CIC is essential for strengthening democratic values and ensuring good governance in India. This contributes to a more holistic and sustainable development trajectory, aligned with constitutional values of transparency and accountability.

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