Appointment of new CIC

Appointment of new CIC

Subject :Polity

Section: National bodies

Context: Adhir Ranjan Choudhry the leader of opposition writes to the President on appointment of new CIC Heeralal Samariya

More about the news:

• The appointment of Heeralal Samariya as Chief Information Commissioner (CIC) has sparked a political controversy in India.
• Congress MP Adhir Ranjan Chowdhury, a member of the selection committee, expressed his dismay, alleging that he was not consulted or informed about the selection.
• The Right to Information Act mandates that the CIC and Information Commissioners are appointed by the President upon the committee’s recommendation, which includes the Prime Minister, Leader of the Opposition in Lok Sabha, and a nominated Union Minister.
• Chowdhury had requested a rescheduled meeting due to prior commitments but was not informed, leading to Samariya’s appointment.
• This has raised concerns about transparency and democratic norms in the appointment process, further deepening the trust deficit between the opposition and the government.

What are Central Information Commission (CIC):

• CIC is a statutory body constituted under section 12 of the Right to Information Act, 2005. 
• Composition:-
  • CIC consists of a Chief Information Commissioner and not more than ten Information Commissioners.
• Appointment:
  • They are appointed by the President of India on the recommendation of a committee consisting of the Prime Minister as Chairperson, the Leader of Opposition in the Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister.
• Eligibility
  • The members of CIC shall 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.
  • Members shall not be a Member of Parliament, or Member of the Legislature of any State or Union Territory as the case may be, or hold any other office of profit or connected with any political party or carry on any business or pursue any profession.
• Tenure and Salary
  • The members 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 salary, allowances and other service conditions of the Chief Information Commissioner shall be such as prescribed by the Central Government.
• Removal:
  • President can remove the Chief Information Commissioner or any Information Commissioner from the office under the following circumstances:
    • If he is adjudged an insolvent; or
    • Convicted of an offence which (in the opinion of the President) involves a moral turpitude; or
    • Engages during his term of office in any paid employment outside the duties of his office; or
    • He is (in the opinion of the President) unfit to continue in office due to infirmity of mind or body; or
    • Acquired such financial or other interest as is likely to affect prejudicially his official functions.
  • The President can also remove the Chief Information Commissioner or any Information Commissioner on the ground of proven misbehavior or incapacity.
  • The President has to refer the matter to the Supreme Court for an enquiry.
  • If the Supreme Court, after the enquiry, upholds the cause of removal and advises so, then the President can remove him.
• Power and Function:
  • Complaint Inquiry: CIC and SIC are obligated to investigate complaints received from any person regarding information requested under the RTI Act, 2005, as per Section 18.
  • Adjudication in Second Appeals: They have the authority to adjudicate on second appeals related to the disclosure of information, as outlined in Section 19.
  • Penalty Imposition: CIC and SIC can impose penalties when they believe that the Public Information Officer, at the central or state level, has unjustifiably rejected or refused to entertain an application without reasonable cause, in accordance with Section 20.
  • Access to Public Records: During their investigations, CIC and SIC have the authority to request any records within the control of a public authority.
  • Suo-Moto Powers: They can initiate inquiries into matters with reasonable grounds and possess civil court-like powers, including summoning individuals and requesting documents.
  • Enforcement of Decisions: CIC and SIC have the power to ensure that public authorities comply with their decisions.
  • Annual Reporting: CIC submits an annual report to the Central Government, and the central government presents it before the Parliament. 

What is the Right to Information Act(RTI Act):

• The Right to Information (RTI) is an act of the Parliament of India enacted on  15 June 2005 which sets out the rules and procedures regarding citizens’ right to information.
• It replaced the former Freedom of Information Act, 2002.

What is the objective of the Right to Information Act :

• To empower the citizens
• To promote transparency and accountability
• To contain corruption
• To enhance people’s participation in democratic process

What are some Key provisions of RTI:

• Section 1(2) : The act extends to the whole of India.
• Section- 2 (f): This section is related to Information which means any material in any form, including Records, Documents, Memos, e-mails, Opinions, Advices, Press releases, Circulars, Orders, Logbooks, Contracts, Reports, Papers, Samples, Models,
• Section- 2(j) :The  Right to Information  means the right to information accessible under this Act which is held by or under the control of any public authority.
• Section 4 of the RTI Act : Requires suo motu disclosure of information by each public authority.
• Section 8 (1):- It mentions exemptions against furnishing information under RTI Act.
• Section 8 (2):-It provides for disclosure of information exempted under Official Secrets Act, 1923 if larger public interest is served.
• Section 13 of the Act:-It sets the term of the central Chief Information Commissioner and Information Commissioners including salaries, allowances and other terms of service.
• Section 22 of the RTI Act:-It states that the provisions of the act will have effect notwithstanding anything that is inconsistent with the OSA.

What is the functioning of Right to Information Act:

• A three-tier structure for enforcing the right to information has been set up under the RTI Act 2005.
• Public Information Officers: The first request for information goes to the Assistant Public Information Officer and Public Information Officer, designated by the Public Authorities.These Officers are required to provide information to an RTI applicant within 30 days of the request.
• Appellate Authority: It caters to the appeals against decisions of the Public Information Officer.
• State Information Commission or the Central Information Commission : Their major function is to listen to appeals against the order of the Appellate Authority.

What was RTI Amendment Act,2019:

• The RTI Amendment Act,2019 amended Sections 13, 16, and 27 of the RTI Act.