Functions Of Central Information Commission
Introduction
The Central Information Commission (CIC) is a free-standing organization created in accordance with the 2005 Right to Information Act. The commission looks into grievances and appeals against public sector organizations, financial institutions, and other organizations in the Union territory. In India, it plays a significant role in ensuring that democracy and sound governance run smoothly.
Central Information Commission
• The Right to Information Act, which was passed in 2005, included the creation of the Central Information Commission.
• A strong independent agency that conducts investigations into complaints and renders decisions on appeals is the Central Information Commission.
• It hears grievances and appeals concerning the offices of the Central Government and Union Territories, financial institutions, government agencies, and other entities.
• All Central Public Authorities are subject to the Commission's control.
• The tenure, terms of service, and compensation of the Chief Information Commissioner (CIC) and Information Commissioners (ICs) at the federal and state levels were outlined in the parent statute, the RTI Act of 2005.
• These clauses were deleted by the RTI (Amendment) Act of 2019, which stated that the central government would specify the time and amount of compensation through regulations.
Composition of The Central Information Commission
• There is a Chief Information Commissioner and a maximum of ten Information Commissioners who make up the Commission.
• Aside from the Chief Information Commissioner, the Commission now has six information commissioners.
• The Prime Minister, the Leader of the Opposition in the Lok Sabha, and a Union Cabinet Minister that the Prime Minister selects advise the President on the appointment of the commissioners.
• They must be well-known individuals with in-depth knowledge and experience in the administration of justice, science and technology, social service, management, journalism, and the mass media.
• They shouldn't hold office in the state or union territory legislatures or as a member of the parliament.
• They shouldn't work in any other lucrative positions, belong to a political party, own a business, or engage in any professions.
• The Chief Information Commissioner and each Information Commissioner shall serve for the Central Government's statutory terms or until they reach the age of 65, whichever comes first.
• They are not qualified for re-appointment.
The Central Information Commission's Authority And Purpose
• To accept and look into any complaints regarding information requests made in accordance with the RTI Act of 2005.
• It has the authority to order an investigation into any matter if there are sufficient grounds (suo-moto power).
• The Commission has the same summoning and document-requirement authority as a civil court when conducting its investigation.
Accept and investigate any person's complaint:
• Who has not gotten a response to their information request within the allotted time
• Who considers the information provided to him/her to be inaccurate, deceptive, or incomplete, as well as any other issue linked to obtaining the information
• Who has been prevented from submitting a request for information because an officer has not been appointed
• Who believes the costs being levied are excessive
• Whose request for information was denied
The Commission has the authority to order public agencies to obey its decisions. This comprises:
• Allowing access to data in a particular format.
• Requesting a public organization to appoint a public information officer in the event that none already exists.
• Making necessary changes to the policies for record management, preservation, and destruction.
• Improving the right to information training offered to officials.
• Requesting an annual report on the Act's compliance from the public authority.
• Any record kept by a public authority may be examined by the commission. All such records shall be made available to the Commission throughout the examination, and nothing shall be concealed.
• Additionally, the CIC submits an annual report on the Act's implementation to the Government of India. The report is then delivered to both Houses of Parliament after that.
Issues With CIC
• Since the selection criteria, among other things, have not been documented, there are questions about CIC's transparency.
• Huge Backlogs & Pendency since it takes 388 days (more than a year) for the commission to resolve an appeal or complaint once it is filed.
• Government employees are infrequently penalized for breaching the law, claims the research.
• There are still open positions in the CIC despite repeated orders from the court.
• The Central Information Commission (CIC) and State Information Commissions (SICs) have recently received orders from the Supreme Court directing the Union of India and the States to provide status updates on any recent changes regarding vacancies and open positions.
• The Central Information Commission (CIC) and State Information Commissions (SICs) have recently received orders from the Supreme Court directing the Union of India and the States to provide status updates on any recent changes regarding vacancies and open positions.
Recent Proposed Regulations And Related Issues
• The Right to Information Act of 2005 no longer permits the Chief Information Commissioner (CIC) and Information Commissioners (ICs) to hold office for five years and receive compensation and benefits comparable to those of the Chief Election Commissioner (CEC) and Election Commissioners (ECs).
• A recent DoPT proposal states that the CIC's terms of employment, including pay and benefits, should be the same as those of the Cabinet Secretary, which are much less favorable than those of the CEC.
• This may also imply that they will be several notches lowered in the "Table of Precedence"
• The sumptuary allowance will be reduced to Rs 10,000 per month if the CIC is demoted to the Cabinet Secretary post. The CIC would also not be qualified for several additional benefits offered to CECs and ECs.
Conclusion
The empty position on the commission has to be filled as soon as practicable. The number of people needed to effectively operate the commission should be determined after a thorough investigation. All public entities should be held responsible to the public under the RTI Act. Additionally, this would end the use of dark money in elections. Furthermore, the statute's application should extend to private businesses that do public works.