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Central Information Commission
Context:
The Supreme Court has affirmed that the Central Information Commission (CIC) has the authority to constitute benches and establish regulations, emphasising the importance of the CIC’s autonomy for its effective functioning.
More in the news:
- The ruling was given in the Central Information Commission vs Delhi Development Authority case (2024).
- The Chief Information Commissioner’s powers to frame regulations pertaining to the constitution of benches of the commission are upheld as such powers are within the ambit of Section 12(4) of the RTI Act.
- While the RTI Act does not explicitly grant CIC the authority to frame regulations, the overarching powers granted under Section 12(4) of the RTI Act inherently include the ability to manage the commission’s affairs effectively.
- The observations of the top court came in a judgement in which it set aside a 2010 verdict of the Delhi High Court where it held that the CIC has no power to constitute benches of the commission.
About CIC:
- The Central Information Commission (CIC) is a statutory body in India, established under the provisions of the Right to Information Act (2005).
- Composition:Consists of a Chief Information Commissioner and not more than ten Information Commissioners.
- They are appointed by the President on the recommendation of a Committee consisting of:
- The Prime Minister as the Chairperson,
- The Leader of Opposition in the Lok Sabha, and
- A Union Cabinet Minister nominated by the Prime Minister.
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- Qualifications:They should 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.
- Tenure: The Chief Information Commissioner and an Information Commissioners 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.
- Removal: if he/she:
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- Is adjudged insolvent.
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- Has been convicted of an offence which, in the opinion of the President, involves moral turpitude.
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- Unfit to continue in office due to infirmity of mind or body.
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- Grounds of proved misbehaviour or incapacity.
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- However, in such cases, the President has to refer the matter to the Supreme Court for an enquiry.
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- If the Supreme Court, after the inquiry, upholds the cause of removal and advises so, then the President can remove him.
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- Function: The Commission is required to receive and inquire into a complaint from any person who has not been able to submit an information request because of the non-appointment of a Public Information Officer.