INFORMATION COMMISSION(S)

Right to Information Act, 2005

Learning Objectives of the Module

The Role and Responsibilities of the Information Commissions The Second Appeal process and the Commissions mandate for the same The relevant provisions in the RTI Act dealing with Complaints to the Information Commission and the specifications thereof

Broad Outline of the Presentation

Information Commissions (ICs)as Envisaged Functions & Powers of ICs - Inquiry (by ICs) into Complaints
- Admitting and Disposing Second Appeal

Constitution, Structure & Organisation of the C/SIC

Miscellaneous Provisions concerning ICs

--------------------------------------------------------- Group Discussion: Talking Points

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C/SICs Envisaged As
An important cog in the wheel of the Practical Regime as contemplated under the RTI Act the Guiding Principle for them (as stated in the Long Title of the Act) being: to help citizens secure access to information under the control of public authorities & to perform their functions in accordance with the RTI Act and the Rules made thereof (by the Governments
concerned) as they apply
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An IC is thus,
An arbitrator / adjudicator
Authority)

(as the Second Appellate

interpreter of Public Interest

as it bears on either disclosing / providing information and withholding / denying it

authority to receive and inquire into complaints

about non-compliance and a counsel for remedial action

autonomous entity in exercising its mandate

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What the Act Says?

Functions and Powers of ICs

C/SICs: Functions & Powers: Inquiry into Complaints

Citizens can complain on reasonable grounds about - inability to submit request to PIO due to:
non-appointment of such officer APIOs refusal to accept an application / appeal to be forwarded to PIO / AO / IC

- being refused access to any information requested under the Act

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C/SICs: Functions & Powers: Inquiry into Complaints

- not having received any response for a request for information - for having being given incomplete, misleading or false information - any other matter relating request to or obtaining access to records under the Act
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C/SICs: Functions & Powers: Inquiry into Complaints

In exercising this authority:

ICs have same powers as civil courts while inquiring any matter u/s 18
& can - summon and enforce attendance of persons and compel them to provide evidence (oral / written) & produce documents / things - require discovery & inspection of documents - receive evidence on affidavit - requisition any public record / copies thereof from any court / office - Issue summons fro examination of witnesses / documents - Any other matter which may be prescribed

They can also examine any record to which the Act applies which is under the control of a Public Authority and no such record can be withheld from it on any grounds
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C/SICs: Functions & Powers:

the Information Commission:

Second Appeals

A Second Appeal against the decision of the AO can be preferred to

- The appellant has to prefer the appeal within 90 days of the decision being made or actually received by the applicant (the IC may, however, admit the appeal after 90 days if it is satisfied of a sufficient cause from filing the appeal in time) - If a Third Party is involved (because the information relates to it) the IC shall give it a reasonable opportunity of being heard

- They are also to give the PIO a reasonable opportunity to be heard, yet the onus of proof to prove that the denial of request was justified shall be on the PIO who denied the request
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C/SICs: Functions & Powers:

Second Appeals

- ICs shall decide appeals in accordance with such procedure as may be prescribed (However, no
time limit has been stipulated for disposal of second appeal by ICs)

- ICs also have to accord due consideration to the principles of public interest and natural justice - ICs are also legally bound to give notice of their decisions, including any right of appeal to the complainant and the public authority
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C/SICs: Functions & Powers:

Authority to:

Second Appeals

Information Commissions can require the Public

a) take such steps to secure compliance as:
providing information in the form requested appointing PIOs publishing certain information or categories of information making necessary changes in its practices relating to maintenance, management and destruction of records - enhancing the provision for training on the RTI for its officials - providing annual report with respect to compliance under section 4 (1)(b)
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C/SICs: Functions & Powers:

Second Appeals

b) compensate the complainant for any loss or other detriment suffered c) impose any of the penalties provided under the Act d) reject the application

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C/SICs: Functions & Powers: Penalties

The C/SIC shall, while deciding any complaint / appeal, impose a penalty on PIO, if she has without
any reasonable cause: - refused to receive an application for information - not furnished information within the specified time - malafidely denied request for information - knowingly given incorrect, incomplete or misleading information - destroyed requested information - obstructed in any manner furnishing the information The penalty to be so imposed shall be Rs. 250/- for each day till the application is received or information is furnished, yet not exceed Rs. 25,000/14

Note: Instances of penalty imposition (as on 31. 07. 2006)

1) CIC Rs. 25,000 2) MP SIC Decisions Rs. 18,000 (Module ) and Rs. 25,000 (Module VII)

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C/SICs: Functions & Powers: Penalties

Furthermore
The C/SICs shall recommend disciplinary action against the C/SAPIO under the service rules applicable to him / her, who without any reasonable cause, persistently fails
by way of committing the same acts (as mentioned earlier) that make him / her liable for imposition of penalty

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What the Act Says?

Constitution, Structure & Organisation of C/SIC

Central Information Commission

Constitution of CIC Chief Information Commissioner

(entrusted with general supervision direction and management of the affairs of the Commission) and assisted by

Central Information Commissioner(s)

(as may be considered necessary, not exceeding ten) www.cic.gov.in
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Central Information Commission

Mode & Procedure of Appointment Appointed by the President on Recommendation of a Committee consisting
of:

Minister (as Chairperson) the Leader of the Opposition in the LokSabha a Union Cabinet Minister nominated by the Prime Minister
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the Prime

Central Information Commission

Term of Office All CIC Commissioners are to: - hold office for a period of five years
of entering upon office) (from the date

- or till attainment of 65 years of age

whichever is earlier

*The incumbent information commissioners of the newly constituted CIC are: Shri Wajahat Habibullah (Chief Information Commissioner), Shri A. N. Tiwari, Dr. O.P. Kejariwal, Dr. M. M. Ansari & Smt. Padma Balasubramanian
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Central Information Commission

Provisions for Removal (of Commissioners) Any Commissioner can be removed from Office: - for proved misbehaviour (some grounds stated in the Act itself - s. 14 (4)) or incapacity - only by an order of the President - if the Supreme Court of India, on a reference made to it by the President, after an inquiry, recommends removal on the said grounds

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Central Information Commission

The Central Information Commissioners may also be removed from office by the President on grounds of: - insolvency
- conviction in an offence involving moral turpitude - engagement in paid employment other that his / her office duty; - Developing infirmity of body or mind - acquiring financial / other interests prejudicial to the functions of a Central Information Commissioner
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State Information Commission

Constitution of SIC State Chief Information Commissioner
(entrusted with general supervision, direction and management of the affairs of the Commission) and assisted by

State Information Commissioner(s) (as may

be considered necessary, not exceeding ten)

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State Information Commission

Mode & Procedure of Appointment Appointed by the Governor of the State on Recommendation of a Committee consisting of: - the Chief Minister (as Chairperson) - the Leader of the Opposition in the Legislative Assembly & - a Cabinet Minister to be nominated by the Chief Minister

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State Information Commission

Term of Office All SIC Commissioners are to: - hold office for a period of five years
of entering upon office) (from the date

- or till attainment of 65 years of age

(whichever is earlier)

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State Information Commission

Provisions for Removal (of Commissioners) Any Commissioner can be removed from Office: - for proved misbehaviour (some grounds stated in the Act itself s. 17 (4)) or incapacity; - only by an order of the Governor (of the State concerned); - if the Supreme Court of India, on a reference made to it by the Governer, after an inquiry, recommends removal on the said grounds
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State Information Commission

The State Information Commissioners may also be removed from office by the Governor on grounds of: - insolvency
- conviction in an offence involving moral turpitude - engagement in paid employment other than his / her office duty - Developing infirmity of body or mind - acquiring financial / other interests prejudicial to the functions of a State Information Commissioner.
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Other Important Stipulations

Information Commissioners (Central / State) Shall: - be persons of eminence in public life
- have wide knowledge an experience in law, science and technology, social service, management, journalism, mass media or administration and governance

Information Commissioners (Central / State) Shall Not : - be a Members of Parliament or Members of Legislature of any
State or Union Territory hold any other office of profit(be) connected with any political party (be) carrying on any business or pursuing any profession
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Governments Responsibility
The Central / State Governments (as the case may be) are bound to:
- provide the Commissioners with officers and employees necessary
for efficient performance - provide for the payment of their salaries, allowances etc. - provide for the terms and conditions of service of the officers and employees, as prescribed - the appropriate government, if necessary, update and publish the guidelines pertaining to (including among other things): * the assistance available from the CIC / SIC as the case may be & * all remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by this Act including the manner of filing an appeal to the Commission

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What the Act Says?

Miscellaneous Provisions

Miscellaneous Provisions
Several provisions in Chapter VI have a direct or an indirect bearing on the functioning of the ICs
These are: An action of any person in good faith or intended to be done under the RTI Act or any rule made thereunder will not lead to any suit / prosecution / legal proceeding against that person No court shall entertain any suit, application or any proceeding in respect of any order made under the RTI Act and no order shall be called in question otherwise than by way of appeal under the said Act
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Miscellaneous Provisions
The RTI Act does not, as such, apply to:

- Intelligence & security organisations established by the Central Government (as specified in the 2nd Schedule of the Act) - Any other Organisation(s) that the Central Government may, by publication of a notification in the Official Gazette, include in the 2nd Schedule - Such intelligence & security organisations established by State Government, as may be specified by such Government, by notification in the Official Gazette

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Miscellaneous Provisions
Yet, - the information pertaining to allegations of corruption

and human rights violations is not so exempted, - and further, if the information sought for pertains to allegations of violation of human rights, then, such information shall be provided within 45 days from the date of the receipt of request

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Miscellaneous Provisions
Reporting by C/SICs The C/SIC, as the case may be, shall as soon as practicable, after the end of each year, prepare a report on the implementation of the provisions of the Act during that year and forward a copy thereof to the appropriate Government
The Central / State Government, as the case may be, may cause a copy of the said report to be laid before each House of the Parliament and each house of the State Legislature - where the State Legislature has only one house, before that House
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Miscellaneous Provisions
Each report shall state with respect to the year to which it relates,
(a) the number of requests made to each public authority (b) the number of decisions where applicants were not entitled to access to the documents pursuant to the requests, the provisions of this Act under which these decisions were made and the number of times such decisions were invoked (c) the number of appeals referred to the C/SIC, as the case may be, for review, the nature of the appeals and the outcome of the appeals (d) particulars of any disciplinary action taken against any officer in respect of the administration of this Act
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Miscellaneous Provisions
(e) the amount of charges collected by each public authority under this Act; (f) any facts which indicate an effort by the public authorities to administer and implement the spirit and intention of this Act (g) recommendations for reform, including recommendations in respect of the particular public authorities, for the development, improvement, modernisation, reform or amendment to this Act or other legislation or common law or any other matter relevant for operationalising the right to access information

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Miscellaneous Provisions

[Section 25 (2)]
Each Ministry / Department shall, in relation to the public authorities within their jurisdiction, collect and provide such information to the C/SIC, as the case may be, as is required to prepare the report and comply with the requirements concerning the furnishing of that information and keeping of records for the purposes of (such monitoring & reporting)
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Miscellaneous Provisions

[Section 25 (5)]
If it appears to the C/SIC, as the case may be, that the practice of a public authority in relation to the exercise of its functions under this Act does not confirm with the provisions or the spirit of this Act, it may give to the authority a recommendation specifying the steps which ought in its opinion to be taken for promoting such conformity.

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To conclude
The RTI Act, 2005, though a simple Act, is quite elaborate in its provisionsthis applies to provisions related to ICs and their constitution, powers & functions as well The conception of the role of ICs under is thus rather eclectic. They are expected to play the role of remedy provider, enforcer, and educator

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To conclude

On the whole, the Information Commissioners may have to be like roving ambassadors to see for themselves the manner in which the provisions of the Act are being implemented at various levels
Last, but not the least, the ICs must lead by example in meeting their obligations as public authorities under the Act

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Questions?? / Doubts!!

Group Discussion Talking Points

The significance of the ICs role as an oversight authority

Some key decisions of the CIC
(till date) and calling upon the participants to discuss their gist.

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Group Discussion Talking Points

Reiterating the importance of maintenance of proper registers with respect to disposal of request. The
participants need to be explained the significance of this, both, for the public authority to report to the Department and for the Department to report to the Information Commission.

Importantly, such register-keeping will also be useful to the PIO to present his/her side to the IC concerned in case of a second appeal.

Any other issue(s) / aspect(s) that any participant(s) may want

to discuss.

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Note: Important Information Sources

It would be appropriate and useful to refer to the Right to Information Act, 2005 and to the Rules made thereunder, for further clarifications
You can also refer to www.cic.gov.in to stay updated on the various decisions (including interpretations) of Central Information and State Information Commissions (contact details for which are available on the CIC website)

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Thank You

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