CIC upholds decision of Rashtrapati Bhavan on RTI query

Back2Basics: Right to Information (RTI)

• The RTI Act of 2005 grants Indian citizens the right to access government-held information, with exceptions.
• Its goal is to enhance transparency and accountability in public authorities.
• This Act replaced the earlier Freedom of Information Act of 2002.
• RTI aligns with Freedom of Speech and Expression (Article 19) in India’s Constitution.

• Oversees implementation of RTI Act in Central Government and Union Territories.
• Resolves complaints and decides appeals related to the Act.

• Chief Information Commissioner (CIC)
• Up to 10 Information Commissioners (IC), (appointed by President on recommendation of PM-led Committee consisting Leader of Opposition and Cabinet Ministers.)

NON-ELIGIBLITY: Members of Parliament or Legislature of any State or Union Territory, hold any office of profit, be connected with any political party, or carry on any business or profession.

• CIC and IC hold office for such term as prescribed by Central Government or until they attain age of 65 years, whichever is earlier.
• NO Reappointment.
• IC can be appointed as Chief Information Commissioner, but total tenure including term as IC should not exceed 5 years.

• President can remove CIC or IC on grounds like insolvency, conviction for moral turpitude, engaging in another office of profit, etc.
• Removal for misbehaviour requires Supreme Court enquiry and recommendation.

• Before the 2019 amendment to the RTI Act, ICs at the CIC held a 5-year fixed term and were considered equal in status to the Chief Election Commissioner and Supreme Court judges.
• The 2019 amendments granted the Centre the power to alter these terms at its discretion.

• Receives and inquires into complaints related to RTI Act violations, including non-appointment of Public Information Officer, refusal or delay in information, unreasonable fees, incomplete or false information.
• Submits annual report on Act’s implementation to Central Government, presented to Parliament.

• Can suo-moto order inquiries, summon persons, enforce oaths, access and inspect documents, receive evidence on affidavit, requisition public records, summon witnesses, and enforce compliance of decisions.
• Can direct public authorities on information access, officer appointments, record management, training, and impose penalties or compensation for non-compliance.

PYQ:

[2018] The Right to Information Act is not all about citizens’ empowerment alone, it essentially redefines the concept of accountability. Discuss. (150 words)

[2019] There is a view that the Officials Secrets Act is an obstacle to the implementation of RTI Act. Do you agree with the view? Discuss.

[2020] “Recent amendments to the Right to Information Act will have a profound impact on the autonomy and independence of the Information Commission”. Discuss.