Central Information Commission

The Central Information Commission (CIC) is a statutory body established under the Right to Information Act, 2005 to exercise powers and perform functions relating to appeals and complaints concerning information held by central public authorities.

It plays an important role in enforcing the right to information by providing an independent appellate mechanism when citizens face difficulties in obtaining information from public authorities.

Meaning of Central Information Commission

The Central Information Commission is the central-level information commission established under Section 12 of the RTI Act, 2005.

It deals primarily with matters concerning Central Public Authorities.

The Commission is separate from the public authorities whose decisions it reviews. It can hear appeals and complaints, issue directions within its statutory powers and impose penalties on Public Information Officers in appropriate cases.

Establishment of the Central Information Commission

The CIC was established under the Right to Information Act, 2005.

The statutory framework provides for:

• A Central Information Commission.
• A Chief Information Commissioner.
• Central Information Commissioners.

The Commission operates within the framework of the RTI Act and is responsible for exercising the powers assigned to it by Parliament.

Composition of the Central Information Commission

Under Section 12, the Central Information Commission consists of:

• Chief Information Commissioner; and
• Such number of Central Information Commissioners, not exceeding the statutory maximum prescribed by the Act.

The Commission is therefore a multi-member statutory body.

Appointment of the Chief Information Commissioner and Information Commissioners

The Chief Information Commissioner and Central Information Commissioners are appointed by the President of India.

The appointment is made on the recommendation of a committee consisting of:

1. The Prime Minister — Chairperson;
2. The Leader of Opposition in the Lok Sabha; and
3. A Union Cabinet Minister nominated by the Prime Minister.

This appointment structure is intended to provide an institutional mechanism involving both the government and the parliamentary opposition.

Qualifications

The RTI Act requires persons appointed as the Chief Information Commissioner or Information Commissioners to be persons of eminence in public life with wide knowledge and experience in specified fields.

These fields include:

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

The Act also provides restrictions concerning certain offices and activities to preserve the independence of the Commission.

Tenure

The tenure and conditions of service of the Chief Information Commissioner and Information Commissioners are governed by the RTI Act as amended from time to time.

The RTI Amendment Act, 2019 changed the statutory framework concerning the tenure and conditions of service of the Information Commissioners.

Under the current statutory framework, these matters are prescribed by the Central Government rather than being fixed directly in the Act in the earlier manner.

Removal of the Chief Information Commissioner and Information Commissioners

The RTI Act contains safeguards concerning removal from office.

The President may remove the Chief Information Commissioner or a Central Information Commissioner on the ground of proved misbehaviour or incapacity after obtaining the required report from the Supreme Court, where the statutory procedure applies.

The Act also identifies circumstances in which removal may take place without following that particular reference procedure, including situations such as:

• Adjudication as an insolvent;
• Conviction for an offence involving moral turpitude;
• Engaging in paid employment outside official duties;
• Being medically or mentally incapable of continuing in office;
• Acquisition of financial or other interests likely to prejudicially affect official functions.

These safeguards are intended to protect the institutional independence of the Commission.

Jurisdiction of the Central Information Commission

The CIC primarily deals with RTI matters concerning Central Public Authorities.

Its jurisdiction may arise where:

• A Central Public Information Officer refuses information;
• Information is not supplied within the prescribed period;
• The applicant receives incomplete or misleading information;
• An applicant is dissatisfied with the response;
• A person faces difficulty in obtaining information under the RTI Act; or
• A complaint falls within the statutory jurisdiction of the Commission.

The Commission does not function as a general administrative court over every government decision. Its jurisdiction is specifically connected with the statutory right to information.

Powers and Functions of the Central Information Commission

The CIC performs several important functions under the RTI Act.

Hearing Second Appeals

One of its principal functions is to hear second appeals against decisions of Central Public Information Officers and First Appellate Authorities.

The usual process is:

RTI Application → PIO → First Appeal → CIC

The Commission can examine whether the applicant’s statutory right to information has been properly dealt with.

Entertaining Complaints

The CIC can also entertain complaints in circumstances specified under Section 18.

A complaint may arise, for example, where:

• No PIO has been appointed;
• An application has not been accepted;
• Information has been refused;
• No response has been received;
• Excessive fees have been demanded; or
• The applicant believes the RTI mechanism has not been properly made available.

Powers of the Commission During Inquiry

When the Commission conducts an inquiry into a matter within its jurisdiction, it has powers similar to those of a civil court for specified purposes.

These include:

• Summoning and enforcing attendance of persons;
• Requiring persons to give evidence;
• Requiring discovery and inspection of documents;
• Receiving evidence on affidavit;
• Requisitioning public records;
• Issuing summons for examination of witnesses or documents; and
• Other prescribed matters.

The Commission can also examine relevant records under the statutory framework.

Power to Examine Records

One significant feature of the CIC’s jurisdiction is that the Commission can examine the relevant record where necessary for deciding a matter.

The public authority cannot ordinarily rely merely on the fact that a record is confidential to prevent the Commission from examining it where the Act permits such examination.

This enables the Commission to determine whether withholding information was legally justified.

Power to Direct Disclosure

Where the Commission finds that information should have been provided under the RTI Act, it can issue appropriate directions within its statutory powers.

Such directions may include:

• Requiring access to information;
• Directing the public authority to appoint a PIO;
• Requiring changes in information-management practices;
• Requiring publication of certain information;
• Taking other steps contemplated by the Act.

Power to Impose Penalty

One of the most important powers of the CIC is the power under Section 20 to impose a penalty on a PIO in specified circumstances.

A penalty may be imposed where the PIO, without reasonable cause and as specified by the Act:

• Refuses to receive an application;
• Fails to furnish information within the prescribed time;
• Mala fide denies a request;
• Knowingly provides incorrect information;
• Knowingly provides incomplete information;
• Knowingly provides misleading information;
• Destroys information subject to the request; or
• Obstructs the furnishing of information.

The statutory penalty is:

₹250 per day

subject to a maximum of:

₹25,000

Before imposing the penalty, the concerned PIO must be given a reasonable opportunity of being heard.

Recommendation for Disciplinary Action

The Commission may also recommend disciplinary action against a PIO under the applicable service rules where the statutory conditions are satisfied.

This makes the CIC an important accountability mechanism within the RTI framework.

Annual Report

The Central Information Commission prepares an annual report concerning the implementation of the RTI Act.

The report may contain information relating to matters such as:

• Number of RTI requests;
• Appeals and complaints;
• Rejections;
• Grounds for rejection;
• Penalties imposed;
• Recommendations; and
• Other information concerning implementation of the Act.

The report contributes to assessment of the functioning of the RTI system at the central level.

Central Information Commission and Public Authorities

The CIC does not replace the PIO or the public authority.

The normal administrative structure is:

Public Authority

↓

Central Public Information Officer

↓

First Appellate Authority

↓

Central Information Commission

The CIC functions primarily at the appellate and complaint stage.

Central Information Commission and First Appellate Authority

Basis	First Appellate Authority	Central Information Commission
Stage	First appeal	Second appeal
Institutional location	Within public authority	Independent statutory commission
Primary function	Reviews PIO decision	Reviews matters under appellate/complaint jurisdiction
Penalty under Section 20	No	Yes
Scope	Internal departmental appeal	Statutory information commission

Central Information Commission and Courts

The CIC is not a substitute for constitutional courts.

The Commission is a statutory body operating under the RTI Act, while:

• High Courts exercise jurisdiction under Article 226; and
• The Supreme Court exercises constitutional jurisdiction under Article 32 and other applicable provisions.

The CIC therefore performs a specialised statutory function relating to access to information.

Central Information Commission and Judicial Review

Decisions of the CIC are subject to judicial review according to law.

A person aggrieved by a decision may approach the appropriate constitutional court where grounds for judicial intervention exist.

Thus, the CIC forms part of the broader system of administrative accountability rather than constituting the final constitutional authority on every question arising under the RTI Act.

Central Information Commission and Transparency

The CIC contributes to transparency by ensuring that statutory rights under the RTI Act are not merely theoretical.

Its functions can help citizens obtain information concerning:

• Government expenditure;
• Administrative decisions;
• Public appointments;
• Government schemes;
• Procurement;
• Official records;
• Policy implementation; and
• Other information held by public authorities, subject to statutory exemptions.

Central Information Commission and Exemptions

The CIC must also respect the exemptions recognised by the RTI Act.

Not all information can be disclosed.

While deciding an appeal or complaint, the Commission may have to consider provisions relating to:

• National security;
• Confidential commercial information;
• Fiduciary information;
• Investigation;
• Privacy;
• Cabinet papers;
• Copyright; and
• Other statutory exemptions.

The Commission therefore performs a balancing function between access to information and legitimate grounds for non-disclosure.

Central Information Commission and Public Interest

The RTI Act recognises the importance of public interest in determining whether certain protected information may nevertheless be disclosed.

The CIC may therefore have to examine whether the statutory conditions for disclosure are satisfied and whether the larger public interest is relevant under the applicable provision.

Central Information Commission and Good Governance

The CIC contributes to good governance through:

• Transparency;
• Accountability;
• Citizen participation;
• Administrative responsiveness;
• Access to government records; and
• Greater scrutiny of public authorities.

Access to information can enable citizens to evaluate the functioning of public institutions and understand how administrative decisions are made.

Important Cases

Chief Information Commissioner v. State of Manipur (2011)

The Supreme Court examined the statutory scheme governing complaints and appeals under the RTI Act. The judgment is important for understanding the distinction between the Commission’s complaint jurisdiction under Section 18 and its appellate jurisdiction under Section 19.

Namit Sharma v. Union of India (2013)

The Supreme Court considered the institutional structure and functioning of Information Commissions under the RTI Act. The case is significant in discussions concerning the qualifications and functioning of Information Commissioners.

Manohar s/o Manikrao Anchule v. State of Maharashtra (2012)

The Supreme Court considered the penalty mechanism under Section 20 and emphasised the importance of the statutory requirements governing imposition of penalty upon a PIO.

CBSE v. Aditya Bandopadhyay (2011)

The Supreme Court examined the scope of information under the RTI Act and clarified that the Act generally concerns information held by or under the control of public authorities. The judgment is important for understanding the limits of the information that can be demanded from public authorities.

Central Information Commission under the RTI Amendment Act, 2019

The RTI Amendment Act, 2019 made significant changes to the statutory framework governing the Information Commissions.

The amendment changed the earlier statutory provisions concerning:

• Tenure;
• Salaries;
• Allowances; and
• Other conditions of service

of the Chief Information Commissioner and Information Commissioners.

These matters are now prescribed by the Central Government under the amended statutory framework.

Importance of the Central Information Commission

The CIC is important because it provides an institutional mechanism for enforcing the statutory right to information.

Without an effective appellate body, a citizen whose RTI request has been denied or ignored would have limited administrative recourse.

The CIC therefore helps ensure:

• Enforcement of the right to information;
• Accountability of PIOs;
• Review of disclosure decisions;
• Protection against unlawful denial of information;
• Application of statutory exemptions; and
• Institutional transparency.

Key Points for Examination

• The Central Information Commission is a statutory body under the RTI Act, 2005.
• It is established under Section 12.
• It consists of a Chief Information Commissioner and Central Information Commissioners within the statutory limit.
• The President appoints the Chief Information Commissioner and Information Commissioners on the recommendation of the prescribed committee.
• The CIC primarily deals with RTI matters concerning Central Public Authorities.
• It hears second appeals under the RTI framework.
• It can entertain specified complaints under Section 18.
• It has specified powers similar to those of a civil court during inquiries.
• It can examine relevant records in accordance with the Act.
• It can direct disclosure and take other statutory measures.
• It can impose a penalty on a PIO under Section 20.
• The maximum statutory penalty is ₹25,000.
• It can recommend disciplinary action against a PIO in appropriate cases.
• It prepares an annual report concerning implementation of the RTI Act.
• CIC decisions remain subject to judicial review according to law.
• The CIC is distinct from the State Information Commissions, which deal with matters concerning State public authorities.

Conclusion

The Central Information Commission is a key statutory institution in India’s right-to-information framework. It provides an appellate and complaint mechanism through which citizens can challenge difficulties in obtaining information from Central Public Authorities.

Its powers relating to second appeals, complaints, inquiries, disclosure directions and penalties against PIOs make it an important component of administrative transparency and accountability.

At the same time, the CIC operates within the limits of the RTI Act. Its decisions must take account of statutory exemptions, privacy interests and other legal restrictions on disclosure. In this manner, the Commission forms an important link between the statutory right to information and accountable administration.