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Challenges in Information Commissions

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January 08, 2025

Why in News?

Recently, the Supreme Court (SC) slammed the delay shown by the Centre and States in appointing Information Commissioners.

  • Issues in CIC – Central Information Commission (CIC) has 8 vacancies in the posts of the Information Commissioners.
  • It has 23,000 pending appeals filed by citizens seeking information from various government departments.
  • Issues in State IC – Several Information Commissions in States have been defunct since 2020.

In Jharkhand, the lack of a Leader of Opposition (LoP) in the Vidhan Sabha was delaying appointments to the State Information Commission, which had been lying defunct since 2020 with over 8,000 appeals pending.

For State Information Commission, the Appointments Committee will be headed by the Chief Minister. Other members include the Leader of the Opposition in the Legislative Assembly and one Cabinet Minister nominated by the Chief Minister.

  • Some have stopped accepting petitions under the Right to Information (RTI) Act.
  • Supreme Court Direction – It directed the Department of Personnel and Training to file an affidavit in 2 weeks specifying timelines
    • For completion of the selection process
    • For the selection committee to finalise its recommendations
    • For the notification of the appointments of the 8 Information Commissioners to the CIC.
  • It also directed them to disclose the constitution of the search committee & a list of the candidates who had applied for the posts.

Central Information Commission

  • It is a statutory authority.
  • Established in2005, under Section-12 of RTI Act of 2005.
  • Objectives
    • To receive and inquire into complaints from any person.
    • To receive and decide upon the 2nd appeals from any citizen.
    • To perform the duty of Monitoring and Reporting.

Organizational Structure

Composition

  • Consists of Chief Information Commissioner
  • Not more than 10 Information Commissioner

Appointment by

President

Selection Committee

  • Chaired by – Prime Minister.
  • Other members – Leader of the Opposition in the Lok Sabha, or if there is no such leader, then the leader of the single largest opposition group in the Lok Sabha.
  • A Union Cabinet Minister nominated by PM.

Eligibility  criteria

 

Eminent person in public life with wide knowledge and experience in

  • Law, science and technology, social service, management, journalism, mass media, administration and governance.
  • Powers – It has the same powers vested in a civil court while trying a suit under the Code of Civil Procedure, 1908.

References

  1. The Hindu| Challenges in Information Commissions
  2. CIC| Central Information Commission (CIC)

Related News

RTI and Information Commissions

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