Question

Which one of the following point is NOT a correct answer with RTI and Information Commissioners?

• A. Chairperson and members are appointed for a period of 3 years
• B. Separate Information Commission for Union and States
• C. Ensure transparency and Accountability
• D. Enjoying Constitutional Status

Answer 1

Answer:

D. Enjoying Constitutional Status

Right to Information (RTI) Act, 2005: Key Provisions

• The RTI Act was enacted in 2005 to provide for practical regime of right to information for citizens to secure access to information under the control of public authorities.
• Information Commissioners (ICs) operate under the Central Information Commission (CIC) and State Information Commissions (SIC).

Central Information Commission (CIC)

• Composition: The CIC consists of one Chief Information Commissioner and not more than 10 Information Commissioners.
• Appointment: They are appointed by the President of India on the recommendation of a committee consisting of the Prime Minister (Chair), the Leader of Opposition in the Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister.
• Tenure: Following the 2019 amendment, the tenure of Information Commissioners is determined by the Central Government. Previously, it was fixed at 5 years.
• Reappointment: Information Commissioners are not eligible for reappointment.

State Information Commission (SIC)

• Composition: Similar to the Central level, it consists of one State Chief Information Commissioner and not more than 10 State Information Commissioners.
• Appointment: They are appointed by the Governor of the state on the recommendation of a committee consisting of the Chief Minister (Chair), the Leader of Opposition in the Legislative Assembly, and a State Cabinet Minister nominated by the Chief Minister.

Key Legal Constraints and Powers

• Jurisdiction: The Commissions possess the power to inquire into complaints regarding refusal of information, delays, or incomplete/misleading information.
• Nature of Order: The decision of the Commission is final and binding. However, it can be challenged in the High Court or Supreme Court through writ jurisdiction.
• Penalty Powers: Under Section 20 of the RTI Act, Information Commissions can impose a penalty of Rs 250 for each day of delay, subject to a maximum of Rs 25,000, on a Public Information Officer (PIO).
• No Suo Motu Authority: Information Commissions function primarily as appellate and complaint-handling bodies. They do not possess inherent power to review their own decisions once issued unless there is a specific legal provision for correction of errors.