Second appeals, penalties and a three-member appointments committee: how the Central Information Commission works

Background

Under Section 12 of the Right to Information Act, 2005, the Central Government shall, by notification in the Official Gazette, constitute a body to be known as the Central Information Commission. The Commission was constituted with effect from 12-10-2005, and its jurisdiction extends over all Central Public Authorities. It consists of the Chief Information Commissioner and such number of Central Information Commissioners, not exceeding 10, as may be deemed necessary.

The appointment is made on the recommendation of a committee of the Prime Minister, who is the Chairperson of the committee, the Leader of Opposition in the Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister. The Act requires the Chief Information Commissioner and Information Commissioners to 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; and bars them from being a Member of Parliament or of a State or Union Territory legislature, from holding any other office of profit, from connection with any political party, and from carrying on any business or pursuing any profession. They hold office for a period of three years from the date on which they enter upon office. The Chief Information Commissioner receives a pay of Rs. 2,50,000 (fixed) per mensem and an Information Commissioner Rs. 2,25,000 (fixed) per mensem.

The Commission's powers and functions are in Sections 18, 19, 20 and 25 of the Act. Under Section 18 it receives and inquires into complaints — among others from a person refused access to information, not given a response within the time limit, required to pay a fee he or she considers unreasonable, or given incomplete, misleading or false information — and while inquiring it has the same powers as are vested in a civil court trying a suit under the Code of Civil Procedure, including summoning witnesses, requiring discovery and inspection of documents, receiving evidence on affidavit and requisitioning public records. Under Section 19 a first appeal lies within thirty days to an officer senior in rank to the Public Information Officer, and a second appeal lies within ninety days with the Central Information Commission; its orders are binding. Under Section 20 it may impose a penalty of two hundred and fifty rupees each day on a Public Information Officer who has without reasonable cause refused or delayed information, with the total penalty not to exceed twenty-five thousand rupees, and may recommend disciplinary action for persistent default. Under Section 25 the Commission prepares a report on the implementation of the Act each year and forwards a copy to the appropriate Government.