News Highlight
The most vital mandate of the Central Information Commission is to decide whether certain information sought by a citizen ought to be disclosed or not.
Key Takeaway
- But the commission has seemingly given up this primary duty in cases of larger public importance.
- Citizens can file applications under the Right to Information Act with any public body and are guaranteed a reply from the public information officer of that public body within 30 days.
Central Information Commission (CIC)
- About
- The Central Information Commission is a statutory body set up under the Right to Information Act in 2005.
- It is not a constitutional body.
- Members
- It consists of a Chief Information Commissioner and, at most, ten Information Commissioners.
- Appointment
- The President appoints them on the recommendation of a committee consisting of:
- The Prime Minister as the Chairperson, the Leader of the Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister.
- Tenure
- The Chief Information Commissioner 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.
- Jurisdiction
- The jurisdiction of the Commission extends over all Central Public Authorities.
- Power and Functions
- To receive and inquire into a complaint from any person regarding information requested under RTI, 2005.
- It can order an inquiry into any matter with reasonable grounds (suo-moto power).
- While inquiring, the Commission has the powers of a civil court regarding summoning, requiring documents etc.
Right to Information Act
- Mandate:
- The Right to Information (RTI) Act 2005 was enacted by Parliament to empower citizens and promote accountability and transparency in the working of the government while containing corruption.
- Jurisdiction
- They include Ministries, public sector undertakings and regulators.
- They also include entities owned, controlled or substantially financed and non-government organisations financed directly or indirectly by government funds.
- Public Information Officers:
- The first request for information goes to the Assistant Public Information Officer and Public Information Officer, designated by the Public Authorities.
- Appellate Authority
- It caters to the appeals against decisions of the Public Information Officer.
- The Right to Information (Amendment) Act, 2019
- This amendment changed the tenure of the CIC and ICs from five years and provided for the central government to notify the term of office for the CIC and the ICs. Accordingly, the tenure of the commissioners has been cut to 3 years.
Issues and challenges of CIC
- Delays and Backlogs
- A report released in 2020 pointed out that more than 2.2 lakh Rights to information cases are pending at the Central and State Information Commissions (ICs).
- Lack of transparency
- Its appointment method and way of working are both very opaque in manner.
- No punishments
- Government officials are not penalised for lack of duty or improper behaviour.
- Low awareness levels
- People need to be made aware of RTI, especially in the lower strata of society.
- They cannot enjoy their right to ask for information for their own betterment.
- Official Secrets Act, 1923
- The report of the second Administrative Reforms Commission titled, “Right to Information: Master Key to Good Governance”, recommends that the Official Secrets Act, 1923, be repealed, as it is inconsistent with the regime of transparency in a democratic society.
- Understaffed
- The CIC is mostly understaffed, and the vacancies need to be filled up.
Way forward
- Digitisation
- Urgent digitisation of records and proper record management is essential as the lack of remote access to documents in the lockdown has been widely cited as the reason for not being able to conduct hearings of appeals and complaints by commissions.
- Prioritisation
- Cases of the Right to Life and Liberty should be dealt with first-hand and on an urgent basis.
- Staffing
- The Supreme Court has pointed out the long-term vacancies in the commission and directed the state and central commissions to fill vacancies transparently and promptly.
Content Source: The Hindu