The Central and State Information Commissions

In one line

The Information Commissions are the independent appellate bodies that decide whether information must be given, and the 2019 amendment moved their tenure and salary from the statute into rules made by the Government.

In the words a student can write in an exam: the Central Information Commission is constituted by the Central Government under section 12 and consists of the Chief Information Commissioner and not more than ten Central Information Commissioners, appointed by the President on the recommendation of a committee of the Prime Minister as Chairperson, the Leader of Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister. State Information Commissions are constituted under section 15 on the same pattern, with the Governor appointing on the recommendation of the Chief Minister, the Leader of Opposition in the Legislative Assembly and a State Cabinet Minister nominated by the Chief Minister. The Commissions decide second appeals under section 19 and complaints under section 18, and in deciding them have the powers of a civil court.

The Central Information Commission

Constitution, section 12

Section 12(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 and perform the functions assigned to it under the Act.

Section 12(2): the Commission shall consist of the Chief Information Commissioner and such number of Central Information Commissioners, not exceeding ten, as may be deemed necessary.

Section 12(3): they shall be appointed by the President on the recommendation of a committee consisting of:

1. the Prime Minister, who shall be the Chairperson of the committee;
2. the Leader of Opposition in the Lok Sabha; and
3. a Union Cabinet Minister nominated by the Prime Minister.

An Explanation provides that where the Leader of Opposition in the House of the People has not been recognised as such, the Leader of the single largest group in opposition to the Government in that House shall be deemed to be the Leader of Opposition. That Explanation exists because the office is not always filled, and it prevents the selection committee being reduced to two members of the Government.

Note the composition: two of the three members are the Prime Minister and a Minister he nominates. That is the structural criticism of the appointment process, and it should be stated.

Section 12(4): the general superintendence, direction and management of the affairs of the Commission vest in the Chief Information Commissioner, who is assisted by the Information Commissioners, and who may exercise all such powers and do all such acts as may be exercised or done by the Commission autonomously without being subjected to directions by any other authority under the Act.