This article is written by Soumya Joshi of 2nd Semester of BA LLB of RNB Global University, Bikaner.
INTRODUCTION
The basis of democracy in any country is the exchange of ideas, views and opinions. In a people-ruled society, there is no room for secrecy or ambiguity. On this irrefutable foundation of a democratic state emerged the notions of government accountability and transparency. This led to his enactment of the Right to Information Act of 2005, which allows all citizens to obtain all types of information from government agencies. This created a separate legal body, the Central Information Commission, to process RTI’s requests, provide responses to them, and deal with appeals and complaints. The Commission reviews complaints and appeals against government agencies, public sector companies, financial institutions and other organizations operating within the Union territory. India is a key authority for democracy and effective government functioning in India. From this, we can conclude that the Central Intelligence Committee is an independent body with high powers. Constitutional bodies generally consist of permanent and semi-permanent bodies responsible for administering certain functions as outlined in the Constitution of India such as the Election Commission, Finance Commission, Civil Service Union Commission, etc. All Central Public Authorities are under the control of the Commission. The terms of reference, terms of service, and remuneration of the Chief Information Commissioner (CIC) and Commissioner of Information (IC) at the federal and state levels were outlined in the original law, the RTI Act of 2005. These provisions were removed by the RTI (Amendment) Act 2019, which stipulates that the central government will specify the prescribed time and amount of compensation.
Keywords: Central Information Commission, right to information, dispute redressal, public authority, investigation.
CENTRAL INFORMATION COMMISSION COMPOSITION
Like other constitutional and unconstitutional bodies, the Commission has its composition, consisting of a Chief Intelligence Commissioner and up to ten Intelligence Commissioners. At its inception, it had five commissioners, including the Chief Intelligence Commissioner. CIC members should have an exemplary private life and extensive knowledge of the law, technology, social work, management, media, governance, and more. They should not be a Member of Parliament or a Member of the Legislature of a State or Union Territory. They may not hold any other earning position, be affiliated with a political party, run a business or practice a profession. As per Insights 2019, the Commission has six information commissioners separated from the Chief Data Commissioner. Wajahat Habibullah was the primary Chief Commissioner of India. According to Section 12(3)of the RTI Act, 2005, they are appointed by the president on the recommendation of the committee that consists of:
- Chairperson of the committee- The Prime Minister
- A Union Cabinet Minister nominated by the Prime Minister
- The Leader of the Opposition in the.
Under Section 12(5) of the RTI Act 2005, the person appointed as Information Officer shall be a prominent person with extensive knowledge and experience in law, science and technology, social issues, management, journalism, mass media, public administration and governance. It stipulates that the person must be a person in an appropriate public position. This section shows the importance of education in the case of choosing various people for different posts to ascertain the smooth functioning of the CIC. Whereas Section 12 (6) of the RTI Act, 2005 states that, for the eligibility to be a chief information commissioner or an information commissioner, they should not be a Member of Parliament or Member of the state legislature
POWERS AND FUNCTIONS OF THE CENTRAL INFORMATION COMMISSION
Central information commission receives any complaint about the information requested under the RTI Act of 2005. While conducting its investigation, the Commission has the same powers as of a civil court while summoning. If there is a justifiable reason, an investigation can be ordered on any subject (Suo-moto) To receive and investigate someone’s complaint: Persons who have not received a response to a request for information within a certain period. Any person who believes the information provided is incomplete, false or misleading, and all other matters related to the protection of information. Persons who were unable to file an information disclosure request because no staff member was appointed. Who thinks that the charges imposed in this way are unjust. Who was denied the requested information can approach the central information commission.
The Commission has the power to compel public authorities to comply with its decisions. This includes.
- Gives access to information in certain forms.
- Instructs a public entity to appoint a public information officer in the absence of one.
- Information or categories of information are published.
- Significant changes to records management, maintenance and disposal policies.
The Commission has the authority to investigate all records held by the agency. All these records must be submitted to the Commission during judging, and nothing can be withheld. It makes an annual report to the Government of India on the implementation of the act, the report is then presented to both Houses of Parliament.
ISSUES WITH CIC
The issue regarding the transparency of CIC as there has been no documentation of the selection criteria, etc. There is a huge pendency and backlog as it takes 388 days (more than a year) to resolve an appeal/complaint after it is lodged with the commission. Since there has never been any paperwork on the selection criteria of the Central Information Commission, there has always been an issue of transparency in the appointment process. Public officials are rarely held for breaching laws. CIC still has loopholes despite repeated orders from the court. The Supreme Court recently ruled that the State Information Commission and the Federal Information Commission must provide the public with the latest developments on pending cases and vacancies in the field. these committees.
CIC AND RTI ACT
India has used the Right to Information Act and structural reforms to combat corruption. The files were moved with accountability and transparency in open and transparent government operations. Greater transparency was achieved through the Right to Information Act of 2005 than in any previous effort. The establishment of the Central Information Commission and the National Information Commission is provided for in Articles 12 and 15 of the RTI Act 2005. Some provisions of the RTI Act 2005 relate to the information of the Central Information Commission. nursed as follows: Section 13: The Central Government determines tenure, pay, benefits, and service requirements. Section 14: The Information Commissioner and Chief Information Commissioner may be removed. Specifically, the President may remove them on the advice of the Supreme Court.
The Right to Information Act of 2005 and the Central Information Commission have fundamentally changed the way government operates and enhanced accountability and transparency. Accountability (democracy is not a recurring or five-year event, but a daily referendum) and the weaknesses of democracy are addressed through transparency.
ROLE OF JUDICIARY
Rakesh Kumar Gupta Vs Income Tax Appellant Tribunal, 2007 The question aroused by the appellant was that, under RTI Act, it is permissible to access information held by some another public authority which acts in a judicial capacity, especially when the information pertains to its orders in that judicial proceedings and actions thereto. It was held by the court that judicial authority must function with total freedom, and the Commission will not authorize the use of the RTI Act for any such disclosure under judicial orders.
Namit Sharma Vs Union of India, 2012 Section 12(5), 12(6), 15(5) and 15(6) of India’s Right to Information (RTI) Act 2005 address the requirements and restrictions on individuals appointed to information commissions. The original petitioner alleged that the eligibility criteria were nonetheless vague and ultra vires the Constitution. The Supreme Court of India held that it is ultimately for Parliament to decide whether it was appropriate to read into the RTI Act a requirement that appointees to the Information Commission possess judicial qualifications and not the judiciary. No discrimination is made under the rules.
Mangla Ram Jat Vs PIO, Banaras Hindu University, 2008 The Commission here explains its role, ambit and scope of the exemption and the context of the RTI Act. The Act leaves no such liberty to substitute their views for those of Parliament reading law beyond what it is stated explicitly. Right to information as part of the fundamental right of freedom of speech and expression is well established in our constitutional jurisprudence. It was held that no authority could import new exemptions and, in the process, curtail fundamental rights.
CONCLUSION
Accordingly, it can be concluded that the Central Information Commission emerged from the Right to Information Act of 2005 making it a statutory body rather than a constitutional body. It is also explained that Article 5 of the law provides for the establishment of a CIC. In addition, the Chief Information Officer as well as Information Officers are appointed by the President on the recommendation of the Commission including the Prime Minister, the Leader of the Opposition and the Union Cabinet Minister appointed by the Prime Minister. Various sections of the RTI Act 2005 relating to duties, terms of service, powers, functions and procedures are subject to the CIC as well as the State Information Commission. Although it is an independent body, it does not have the power to restrict fundamental rights and issue court orders without the permission of the court. Indeed, the process for electing the Chief Information Commissioner and the Information Commissioners is not specified in the legislation below, but it is already mentioned. But as we all know, “nothing is perfect, there is always room for improvement”. Careful consideration is required to determine the number of people needed to effectively manage commissions. Under the RTI Act, all public organizations are accountable to the public. It will also end the use of black money in elections. In addition, private companies engaged in public works should be included in the scope of the law.
REFERENCE
https://www.insightsonindia.com
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