The Supreme Court directed the Centre and the state governments to take steps to fill the vacancies in the Central Information Commission and State Information Commissions (SICs). 

A bench comprising Chief Justice D.Y. Chandrachud and Justices J.B. Pardiwala and Manoj Misra observed that otherwise the 2005 law on right to information will become a dead letter.

The Right to Information Act, 2005

• The Constitution of India has enshrined the principles of democracy, by guaranteeing to its citizens certain Fundamental Rights. Article 19(1)(a) and Article 21 of the Constitution of India, by implication, guarantee to the citizens of India the right to know everything done by public functionaries. 

• To set out a practical regime for securing information by citizens from the public authorities and to promote transparency and accountability in the working of all public authorities, the Parliament enacted the Right to Information Act in 2005.

• The Act is comprehensive and covers disclosure of information by public authorities on matters of governance. It is applicable to government at all levels — Union, state and local and also to the bodies owned, controlled or substantially financed directly or indirectly by the government. 

• It covers legislative bodies, the judiciary, the executive and Constitutional bodies.

• The Act casts an obligation on public authorities for suo-motu disclosure/publication of information held by them. It also requires the public authorities to supply information called for by any citizen and to permit him to inspect the documents and collect samples of various works. 

• The procedure for seeking information is very simple. A person seeking information has to make a request to the concerned public information officer indicating the information required. The request may be sent either by post, or be submitted in person or online if such facility exists with the public authority. 

• It can be made in Hindi or English or in the official language of the area in which the application is made.

• The Act creates the machinery to ensure supply of information, which consists of Public Information Officers, Assistant Public Information Officers, Departmental Appellate Authorities, independent Central and State Information Commissions, etc.

• The Act requires information to be provided in a time bound manner. A Public Information Officer is required to send information called for at the specified address within 30 days. In case the information concerns the life or liberty of a person, it has to be provided within 48 hours. 

• The Act provides for imposition of stringent penalty on the Public Information Officer, if the information is not provided within the prescribed period.

• Certain types of information pertaining to security of the country, scientific or economic interest of the country and information on trade secrets, etc are exempted from disclosure. Certain security or intelligence organisations have been exempted from disclosing any information except that pertaining to allegation of corruption or violation of human rights. 

• Such organisations are required to designate Public Information Officers and First Appellate Authorities to deal with applications and appeals relating to information pertaining to corruption or violation of human rights.

• The Act has created a system of two appeals. On not being provided information within the prescribed period or on not being satisfied with the reply provided, an applicant can make first appeal within 30 days to the departmental appellate authority, who is generally the next superior officer to the Public Information Officer. If not satisfied with the decision of the first appellate authority, the applicant can file a second appeal to the Central Information Commission or the State Information Commission, as the case may be, within 90 days.

Central Information Commission

• The Central Information Commission was established in October 2005 under the Right to Information Act, 2005 (RTI Act). 

• The jurisdiction of the Commission extends over all Central Public Authorities.

• The Central Information Commission can have a Chief Information Commissioner and ten information commissioners.

• 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 Lok Sabha.

iii) A Union Cabinet Minister to be nominated by the PM.

• The Central Information Commission or State Information Commission, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters:

(a) summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things.

(b) requiring the discovery and inspection of documents.

(c) receiving evidence on affidavit.

(d) requisitioning any public record or copies thereof from any court or office.

(e) issuing summons for examination of witnesses or documents.

(f) any other matter which may be prescribed.

• The Chief Information Commissioner or an information commissioner may, at any time, by writing under his hand addressed to the President, resign from his office.

• The Chief Information Commissioner or any information commissioner shall be removed from his office only by order of the President on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference made to it by the President, has, on inquiry, reported that the Chief Information Commissioner or any information commissioner, as the case may be, ought on such ground be removed. 

State Information Commission

• The State Information Commission (SIC) is constituted by the state government through a gazette notification. 

• The SIC is an autonomous body and not under any government department. 

• The SIC will have one State Chief Information Commissioner and not more than 10 State Information Commissioners.

• 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.

iii) a cabinet minister to be nominated by the Chief Minister.

• The State Chief Information Commissioner or a State Information Commissioner may, at any time, by writing under his hand addressed to the governor, resign from his office.

• The State Chief Information Commissioner or a State Information Commissioner shall be removed from his office only by order of the governor on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference made to it by the governor, has on inquiry, reported that the State Chief Information Commissioner or a State Information Commissioner, as the case may be, ought on such ground be removed.

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