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Home / IAS Preparation / Central Information Commission

Central Information Commission (CIC): Composition, Roles & More | UPSC Notes

Last Updated on Sep 09, 2024
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The Central Information Commission, in short CIC, is a statutory body constituted under the Right to Information Act, 2005, for the implementation of the RTI Act at the centre and for ensuring transparency and accountability in public administration. The CIC comprises the Chief Information Commissioner and Information Commissioners and is an appellate authority for citizens in cases of disputed refusals of access to information by central public authorities. Decisions delivered by the CIC are setting precedents for interpreting the RTI Act and guiding public authorities on compliance. More importantly, CIC is entrusted with the task of monitoring due implementation of the Act, annual reports, training, and guidelines to the PIOs and APIOs. In view of its critical role in promoting participatory democracy and reduction of corruption, this commission is plagued by backlogs of cases, delays in disposing of appeals, shortage of staff and resources, and defects in the selection process, which limit its effectiveness.

In this article on the Central Information Commission UPSC, we shall discuss its members, powers, significance & criticisms. Study the following article on the Central Information Commission, which is one of the most important topics under Indian Polity for UPSC Exams.

We shall also briefly discuss the Right to Information Act of 2005. This will be very useful for aspirants in the UPSC Prelims Exam.

Know more about the Law Commission of India here.

GS Paper

General Studies Paper II

Topics for UPSC Prelims

Right to Information Act, 2005, Landmark decisions by the CIC, Supreme Court judgments on RTI, State Information Commissions

Topics for UPSC Mains

Impact of RTI on public administration, Impact of CIC’s decisions on public administration, Challenges in implementing the RTI Act effectively, Role of RTI and CIC in empowering citizens and civil society

What is Central Information Commission CIC?

The Central Information Commission CIC is a statutory body set up under the Right to Information Act in 2005 by the GoI. CIC acts upon complaints from citizens who have not been able to submit information requests to Public Information Officers under the Act. It also acts upon complaints from those dissatisfied with the response given by the Public Information Officers. The Central Information Commission headquarters is located at New Delhi.

Get a quick overview of the Central Information Commission CIC in the table below:

Overview of CIC

Particulars

Details

Establishment

October 2005

Members

Chief Information Commissioner, 10 information Commissioners

Appointment

Appointed by the President.

Jurisdiction

Its jurisdiction extends over all Central public authorities.

Tenure

5 years or till 65 years of age (whichever is earlier).

Status

Non-Constitutional body

Salary of CIC and ICs

Same as that of the Chief Election Commissioner.

Termination

Removal on grounds of misbehavior, by the President.

Resignation.

Know more about the Office of the High Commissioner for Human Rights here.

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Composition of the Central Information Commission

There is one Chief Information Commissioner appointed by the President, including the committee that includes the Prime Minister, the Leader of the Opposition in the Lok Sabha, and a Union Cabinet Minister chosen by the Prime Minister. The Chief Information Commissioner (CIC) and an Information Commissioner shall hold office for such term as prescribed by the Central Government or until they attain the age of 65 years, whichever is earlier. They are not eligible for reappointment. The Chief Information Commissioner is assisted by 10 information commissioners. Therefore, the maximum number of members that the CIC can have is 11, including the Chief Information Commissioner. The CIC advises the secretary and additional secretary to regulate the functioning.

The members should be people of eminence in public life with wide experience in fields like law, science & technology, governance, social service, journalism, mass communication, or administration. The members should not be MPs or MLAs and also cannot be associated with any political party, engaged in any business, or hold the office of profit.

The current chairperson of the Central Information Commission (CIC) is Heeralal Samariya.

Removal of the Members of the Central Information Commission

Removal of the members is done by the President based on grounds like bankruptcy, unsound mind, infirmity of body or mind, having been sentenced to imprisonment for a crime, or being engaged in paid employment. The member can also be removed for proved misbehavior or incapacity if the Supreme Court-led inquiry finds him or her guilty. The members can also resign by writing a letter of resignation to the President of India.

Know more about the National Judicial Appointments Commission here.

Powers and Functions of Central Information Commission

The duty of the CIC is to inquire into complaints from any person relating to access to information under the control of public authorities and to decide appeals against the decision of designated appellant officers.

  • The commission shall impose penalties on central public information officers, and the recommended disciplinary action against those who have, without any responsible cause, denied access to information under the provision of the act.
  • The decision of the commission on an appeal is binding and is not subject to further appeal in a court of law.
  • The commission may make recommendations to the public authorities that are not conforming to the provision or the spirit of the act, specifying the steps which, in its opinion, they ought to take to promote such conformity.
  • The commission made during the inquiry into any complaint examines any record under the control of the public authority, and no such record may be withheld from it on any grounds.
  • The commission shall be commanded to the government every year to reform any matter relevant to operationalizing the right to access information.

Know more about the National Commission For Scheduled Tribes(NCST) here.

List of Central Information Commissioners

The table below gives the list of commissioners of the CIC:

List of Central Information Commissioners

Name

Term of Office

Wajahat Habibullah

2005-2010

A.N. Tiwari

2010-2013

S. Mishra

2013

Deepak Sandhu

2013-2014

Sushma Singh

2014-2015

Rajiv Mathur

2015

Vijay Sharma

2015-2016

Radhakrishna Mathur

2016-2018

Sudhir Bhargava

2019-2020

Bimal Julka

2019-2020

Yashvardhan Kumar Sinha

2020-2023

Heeralal Samariya

2023-2025

Know more about the Sarkaria Commission here.

Significance of the Central Information Commission

The importance of CIC can be viewed from a number of aspects:

  • Transparency and Accountability: The CIC plays its role in ensuring that transparency and accountability are attained through governance by enforcement of the stipulations of the RTI Act, hence empowering citizens to seek information, thereby nurturing an informed citizenry and preventing arbitrary actions by public officials.
  • Redressal Mechanism: It works as an appellate body for those denied information by the central public authorities and assists in redressing disputes for upholding citizens' rights with respect to access to information.
  • Setting Precedents: The decisions of the CIC set a very important precedent for interpretations of the RTI Act in disentangling ambiguities and guiding public authorities on compliance with RTI provisions.
  • Strengthening Democracy: By granting citizens rights concerning information, CIC strengthens participatory democracy. This, in turn, allows for public scrutiny of government functions, transparency in the processes of decision making, and limits the scope of corruption.
  • Guidance and Training: The Commission lays guidelines and conducts training with regard to the postings of the Public Information Officers and Assistant Public Information Officers to ensure that dissemination and management of information are carried out effectively and that the public and officials are educated on RTI rights and obligations.
  • Monitoring and Reporting: The CIC also monitors the implementation of the RTI Act across all central public authorities through annual reports, highlighting the status of RTI applications and complaints about their effective implementation.

Know more about the National Commission for Minorities here.

Issues associated with the CIC

Despite its importance, a set of issues surrounds the CIC, and thereby it is one of the challenges before its effectiveness:

  • Backlog and Delays: A huge backlog of cases and inordinate delays in hearing appeals have critically weakened the effectiveness of the RTI Act, whereby applicants have to wait too long for information.
  • Inadequate Staffing and Resources: Inadequate staffing and financial resources hamper the functioning of the CIC to effectively dispose of the rising numbers of appeals and complaints.
  • Process of Appointments: The appointment process is not transparent, and thus politicization might occur in the appointments of Information Commissioners. Due to this, the CIC cannot remain independent and impartial.
  • Public Authorities Compliance: Most of the public authorities show inadequate compliance with the requirements of disclosure of information under the RTI Act and either ignore the orders passed by the CIC or do not implement those effectively.
  • Lack of Awareness and Training: Inadequate awareness about and understanding of the rights and responsibilities arising out of RTI among the public at large and public information officers results in inadequate implementation and compliance.
  • Judicial Interventions: Judicial interventions sometimes restrict the powers of the CIC, thereby affecting the satisfactory enforcement of its orders.

Know more about the Competition Commission of India here.

About the State Information Commissions (SICs)

State Information Commissions (SICs) are the statutory bodies created under the Right to Information Act, 2005, at the state level for ensuring that the RTI Act is implemented properly inside state public authorities. Each SIC shall consist of the State Chief Information Commissioner and State Information Commissioners appointed by the Governor on the recommendations of a committee comprising the Chief Minister, Leader of the Opposition in the Legislative Assembly, and a state cabinet minister nominated by the Chief Minister. The SICs are performing similar tasks as those carried out by the CIC-entertaining second appeals, complaints, and ensuring compliance of the state public authorities with the RTI Act. They also have the very important task of imparting training and issuing guidelines to the state public information officers and assistant public information officers. In most cases, notwithstanding their importance for promoting transparency and accountability at the state level, SICs suffer from a host of problems related to backlog of pending cases, inadequate staffing, and non-compliance by state public authorities. As a result, the effectiveness of SICs remains central in encouraging grassroots democracy and cutting down corruption.

Also, read the Functions of the Election Commission of India here.

Key Takeaways for UPSC Aspirants

  • Role and Function: Formed under the Right to Information (RTI) Act, 2005 to act as watchdog for transparency and accountability of public authorities.
  • Powers: Powers to investigate RTI complaints, pass orders for the supply of information, and impose penalties for defaults.
  • Structural Organization: The Commission consists of one Chief Information Commissioner and ten Information Commissioners.
  • Jurisdiction: All Central Public Authorities, with the exception of intelligence and security organizations as per the RTI Act, fall within its ambit.
  • Impact on Governance: It enhances transparency and accountability in governance and increases participation in governance by citizens through providing access to information.
  • Issues and Challenges: The problems encountered are vacancy delays, bureaucratic resistance, and general lack of public awareness.
  • Success Stories: Notable rulings contributing to transparency in government procurement, delivery of public projects, and service delivery.
  • Future Directions: More independence, stronger powers, modernization of the commission's role is called for towards service to citizens.

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Central Information Commission UPSC FAQs

It is a non-constitutional body established under the right to information act 2005. Both CIC and State information commission is statutory in nature.

CIC is appointed by the President. This appointment is based on the recommendations of a committee that consists of the Prime Minister, the Leader of Opposition in the Lok Sabha, and a nominated Union Cabinet Minister by the Indian Prime Minister.

At present, Yashvardhan Kumar Sinha is CIC.

The role of the CIC is to inquire into a complaint from any person concerning information requested under the RTI act 2005. For this purpose, the CIC has been vested with powers similar to a civil court under the code of civil procedure.

The topic is of relevance from the UPSC perspective for both Prelims and Mains. Several questions can be framed regarding current issues related to CIC as well in the UPSC. Hence, A good knowledge of this topic is necessary while preparing for UPSC examinations.

The Chairman of the Central Information Commission (CIC) in India is Heeralal Samariya.

The Central Information Commission (CIC) in India can have a maximum of 11 members. This includes the Chief Information Commissioner and up to 10 Information Commissioners.

The Central Information Commission (CIC) in India is an independent statutory body established under the provisions of the Right to Information (RTI) Act, 2005. It does not come under any specific ministry and operates autonomously.

The headquarters of the Central Information Commission (CIC) in India is located in New Delhi.
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