Information Commission

What is the Information Commission

The information commissions are the final appellate authorities to decide on appeals and complaints of citizens who have been denied their right to information under the law. CICs and SICs are given the power to resolve complaints or appeals, as preferred to it under Sections 18 and 19 of the Act, and to render decisions concerning the same.

Official Definition of the Term

Central Information Commission

Under section 2(b), "Central Information Commission" means the Central Information Commission constituted under sub-section (1) of section 12.

Section 12 of the Constitution of the Central Information Commission provides for the manner of the constitution of CICs. Provisions of Section 12(1) are hereby defined as follows:

(1) The Central Government shall, by notification in the Official Gazette, constitute a body to be known as the Central Information Commission to exercise the powers conferred on it and to perform the functions assigned to, it under this Act.

As per Section 2(d), "Chief Information Commissioner" and "Information Commissioner" mean the Chief Information Commissioner and Information Commissioner appointed under sub-section (3) of Section 12, which says that the Chief Information Commissioner and Information Commissioners shall be appointed by the President on the recommendation of a committee consisting of—(i) the Prime Minister, who shall be the Chairperson of the committee; (ii) the Leader of Opposition in the LokSabha; and (iii) a Union Cabinet Minister to be nominated by the Prime Minister. Explanation.—For the removal of doubts, it is hereby declared that where the Leader of Opposition in the House of the People has not been recognized as such, the Leader of the single largest group in opposition to the Government in the House of the People shall be deemed to be the Leader of Opposition.

• The term of the office of the Chief Information Commissioner is three years, as per the RTI rules, 2019 clause 3, from the date on which he enters his office. The chief information commissioner would, on the date of appointment resign and retire from the parent post or service. Before the 2005 amendment of the Right to Information Act, the term of office for the Cheif Information Commissioner was for five years from the date of appointment.
• The residuary power of the chief information commissioner or state information commissioner is with the chief information commission, which has no express provision and that has been made in these rules of the RTI Rules, 2019, clause 22 under Part five.

State Information Commission

As per Section 2(k), State Information Commission" means the State Information Commission constituted under sub-section (1) of Section 15, which states that every state government shall, by notification in the Official Gazette, constitute a body to be known as the State Information Commission to exercise the powers conferred on it and to perform the functions assigned to, it under this Act.

• As per Section 2(l), "State Chief Information Commissioner" and "State Information Commissioner" mean the State Chief Information Commissioner and the State Information Commissioner appointed under sub-section (3) of Section 15, which states that the State Chief Information Commissioner and the State Information Commissioners shall be appointed by the Governor on the recommendation of a committee consisting of—(i) the Chief Minister, who shall be the Chairperson of the committee; (ii) the Leader of Opposition in the Legislative Assembly; and (iii) a Cabinet Minister to be nominated by the Chief Minister. Explanation.—For the removal of doubts, it is hereby declared that where the Leader of Opposition in the Legislative Assembly has not been recognized as such, the Leader of the single largest group in opposition to the Government in the Legislative Assembly shall be deemed to be the Leader of Opposition.

Powers and Function of Information Commissioner

• Section 18 of the RTI Act, 2005, enshrines the power and functions of the information commissioner, both state and central categorically. The function of the information commissioner is to adjudicate and resolve the complaints received by any applicant against any appeal, CPIO, or PIO.
• The information commissioner will only take action if anyone is allowed to give access to any information, despite that for being there for public usage.
• Under the Code of Civil Procedure, 1908, they also have powers to issue a summons or call for evidence to investigate complaints.

Annual Report of CIC

The Annual report publishes data on the number of RTI requests received, amount of penalties imposed, no. of first appeals received and disposed of, and reasons for the rejection of the request. The data is further classified based on ministries and Departments.

retrieved from Annual Report 2022-23 https://cic.gov.in/sites/default/files/Reports/AR2022-23E.pdf

retrieved from Annual Report 2022-23 https://cic.gov.in/sites/default/files/Reports/AR2022-23E.pdf

International Experiences

United Kingdom

• The Information Commissioner’s Office (ICO) is the UK’s independent regulator for data protection and information rights law, upholding information rights in the public interest, promoting openness by public bodies and data privacy for individuals. It has its head office in Wilmslow, Cheshire, and regional offices in Edinburgh, Cardiff and Belfast. (Information Commissioner’s Office 2022).
• The Information Commissioner’s Office (ICO) upholds information rights in the public interest, promoting openness by public bodies and data privacy for individuals. (Gov.Uk, 2024)

United States of America

• Freedom of Information Act, 1966 was enacted on July 4, 1966, and has been in effect since 1967. The present act established a statutory right of public access to Executive Branch information in the federal government of the USA. The FOIA provides that any person has a right, enforceable in court, to obtain access to federal agency records subject to the Act, except to the extent that any portions of such records are protected from public disclosure by one of nine exemptions. The United States Supreme Court has explained that "the basic purpose of the FOIA is to ensure an informed citizenry, vital to the functioning of a democratic society, needed to check against corruption and to hold the governors accountable to the governed." (Department of Justice Guide to the Freedom of Information Act, 2020)

Commonwealth Of Australia

• As per the Australian Government's official website, Office of Australian Information Commissioner, the Australian Information Commissioner is an Independent agency under the Attorney General’s office. The primary responsibility includes formulating privacy, freedom of information, and government information policy. That also includes the responsibility of conducting investigations, reviewing decisions, handling complaints, and providing guidance and advice.
• The Australian Information Commissioner protects the citizens right to access government documents under the Freedom of Information Act, 1982. It carries out strategic information management under the Australian Information Commissioner Act 2010.

Information Commissioner of Canada

• As per the Canadian Information Commissioner of the Government of Canada, the same office of the information commissioner was established in 1983 under the Access to Information Act to empower general citizens of the country to present their positions. The current information for Canada is from Caroline Maynard. The role of the Information Commissioner is to investigate the complaint received by the general citizen and to resolve the issue by negotiating with the institutions.
• The office of the Information Commissioner of Canada is supported by three deputy commissioners and a staff of approximately 135.