Section 1
Overview of the Central Information Commission
The Central Information Commission (CIC) is the apex body for the implementation of the Right to Information Act, 2005. It is a statutory body constituted under Section 12 of the RTI Act to exercise the powers conferred on it and to perform the functions assigned to it under the Act [citation:1][citation:4].
The CIC is the final appellate authority for RTI applications filed with central government public authorities. It has the power to order disclosure of information, impose penalties on Public Information Officers, and give directions to public authorities [citation:4].
Key Points About CIC
- Constituted Under: Section 12 of the RTI Act, 2005
- Headquarters: New Delhi
- Composition: Chief Information Commissioner + up to 10 Information Commissioners
- Appointing Authority: President of India
- Term: 3 years from the date of assuming office
- Official Website: cic.gov.in
Key Fact
The RTI Act was passed by Parliament on June 15, 2005, and came into force on October 12, 2005 [citation:3]. The Act replaced the earlier Freedom of Information Act, 2002, and established the Central Information Commission as a key institution for ensuring transparency and accountability [citation:3].
Section 2
Constitution & Composition of CIC
Chief Information Commissioner (CIC): Head of the Commission
Information Commissioners: Up to 10 Commissioners (as deemed necessary)
Appointment: By the President on the recommendation of a committee
Appointment Committee: Prime Minister (Chair), Leader of Opposition in Lok Sabha, Union Cabinet Minister nominated by PM
Eligibility: Persons of eminence in public life with wide knowledge and experience in law, science, technology, social service, management, journalism, mass media, administration, or governance
Disqualification: Cannot be MP/MLA, hold office of profit, be connected with any political party, or carry on any business or profession
Term: 3 years from the date of assuming office
Salary: CIC - ₹2,50,000 (fixed); IC - ₹2,25,000 (fixed) [citation:4]
Appointment Committee Details
Under Section 12(3) of the RTI Act, the Chief Information Commissioner and Information Commissioners are appointed by the President on the recommendation of a committee consisting of [citation:1][citation:4]:
- (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 Prime Minister
If the Leader of Opposition is not recognized, the Leader of the single largest group in opposition is deemed to be the Leader of Opposition [citation:1].
Section 3
Powers & Functions of CIC
Complaints (Section 18)
The CIC has the duty to receive and inquire into complaints from any person who [citation:4]:
- Has been unable to submit a request to a CPIO because no such officer has been appointed
- Has been refused access to any information requested under the Act
- Has not been given a response within the time limit specified
- Has been required to pay unreasonable fees
- Believes that incomplete, misleading, or false information has been given
- Has any other matter relating to requesting or obtaining access to records
Appeals (Section 19)
The CIC hears Second Appeals against the decisions of the Appellate Authority. Key provisions include [citation:4]:
- Time Limit: Second appeal must be filed within 90 days from the date of the order/due date
- Burden of Proof: The onus to prove that a denial was justified is on the CPIO who denied the request
- Third Party: If the appeal relates to third party information, the third party must be given a reasonable opportunity to be heard
- Decision: The Commission's decision is binding
Powers of Inquiry
The CIC has the same powers as a civil court while inquiring into any matter under Section 18 [citation:4]:
- Summoning and enforcing attendance of persons and compelling them to give evidence on oath and produce documents
- Requiring discovery and inspection of documents
- Receiving evidence on affidavit
- Requisitioning public records or copies from any court or office
- Issuing summons for examination of witnesses or documents
Important: No record under the control of a public authority can be withheld from the CIC during an inquiry under Section 18(4) of the RTI Act [citation:4].
Section 4
Powers of CIC Under Section 19
In its decision under Section 19, the CIC has the power to [citation:4]:
Require the public authority to take steps to secure compliance with the RTI Act
Provide access to information in a particular form
Direct the appointment of a CPIO where none exists
Direct the publication of certain information or categories of information
Require changes to practices relating to record management and destruction
Enhance training on RTI for officials
Require the public authority to provide an annual report
Compensate the complainant for any loss or other detriment suffered
Impose penalties under the Act
Reject the application
Key Feature: The CIC's decision under Section 19 is binding on the public authority. The Commission also has the power to impose penalties under Section 20 of the RTI Act [citation:4].
Section 5
Penalties Under Section 20
The CIC can impose penalties on Public Information Officers (PIOs) under Section 20 of the RTI Act [citation:4]:
Grounds for Penalty: Refusal to receive application, not furnishing information within time, malafide denial, knowingly giving incorrect/incomplete/misleading information, destroying information, obstructing in furnishing information
Rate: ₹250 per day till the application is received or information is furnished
Maximum Penalty: ₹25,000
Additional Actions: The Commission can also recommend disciplinary action against the PIO
Key Point
The penalty under Section 20 is imposed only if the CIC is of the opinion that the PIO has acted without reasonable cause. The PIO has the opportunity to be heard before the penalty is imposed [citation:4].
Section 6
CIC Appeal Process
The appeal process before the Central Information Commission involves the following steps:
- File Second Appeal: File the Second Appeal before the CIC within 90 days from the date of the First Appeal order or the date it was due.
- Submit Documents: Attach copies of the original RTI application, CPIO's response, First Appeal, and Appellate Authority's order.
- No Fee: No fee is required for filing the Second Appeal.
- Hearing: The CIC may conduct a hearing (physical or virtual) to examine the case.
- Decision: The CIC gives a reasoned order. The decision is binding on the public authority.
- Compliance: The public authority must comply with the CIC's order within the time specified.
- Penalty: If the CIC finds the PIO at fault, it can impose a penalty under Section 20.
Tip: You can file Second Appeals online through the
CIC Portal . The portal provides a user-friendly interface for filing and tracking appeals.
CIC e-Appeal
Section 7
Practical Tips for Approaching CIC
Exhaust First Appeal: You must file a First Appeal before approaching the CIC. The CIC hears only Second Appeals.
File on Time: File the Second Appeal within 90 days from the date of the First Appeal order or the due date.
Provide Complete Documents: Attach copies of all relevant documents (RTI application, CPIO response, First Appeal, Appellate Authority order).
No Fee: No fee is required for filing Second Appeal. Do not pay any fee.
Clear Grounds: Clearly state the grounds of appeal and the relief sought.
Online Filing: Use the
CIC Portal for online filing and tracking.
Track Status: Track the status of your appeal through the CIC portal.
Seek Legal Help: If needed, consult a lawyer or seek help from legal aid organizations.
Pro Tip: The CIC conducts hearings through video conferencing. Ensure you have access to a stable internet connection and the necessary equipment if a hearing is scheduled.
CIC - Hearing Schedule
Section 9
Frequently Asked Questions
1. What is the Central Information Commission (CIC)?
The Central Information Commission (CIC) is the apex body for the implementation of the Right to Information Act, 2005. It is a statutory body constituted under Section 12 of the RTI Act to hear Second Appeals, receive complaints, and ensure compliance with the RTI Act [citation:1][citation:4].
2. How is the CIC constituted?
The CIC consists of a Chief Information Commissioner and up to 10 Information Commissioners. They are appointed by the President 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 [citation:1][citation:4].
3. What are the eligibility criteria for CIC/IC?
Candidates must be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media, or administration and governance. They cannot be MPs, MLAs, hold office of profit, or be connected with any political party [citation:1][citation:4].
4. What is the term of office for CIC/IC?
The Chief Information Commissioner and Information Commissioners hold office for a period of 3 years from the date on which they enter upon their office [citation:4].
5. What is the salary of the CIC and IC?
The Chief Information Commissioner receives a pay of ₹2,50,000 (fixed) per mensem, and an Information Commissioner receives a pay of ₹2,25,000 (fixed) per mensem [citation:4].
6. What are the powers of the CIC?
The CIC has the power to: receive and inquire into complaints (Section 18), hear Second Appeals (Section 19), summon witnesses and require production of documents, order disclosure of information, impose penalties (Section 20), and give directions to public authorities [citation:4].
7. How do I file a Second Appeal before the CIC?
You can file a Second Appeal before the CIC within 90 days from the date of the First Appeal order or the due date. You can file online through the
CIC Portal . No fee is required [citation:4].
8. What is the penalty for non-compliance under the RTI Act?
Under Section 20, the CIC can impose a penalty of ₹250 per day (up to ₹25,000) on the CPIO for refusing to receive an application, not furnishing information on time, malafide denial, or knowingly giving incorrect information [citation:4].
9. Can the CIC examine records that are exempt under the RTI Act?
Yes, under Section 18(4) of the RTI Act, no record under the control of a public authority can be withheld from the CIC during an inquiry, even if it is exempt under Section 8 [citation:4].
10. Is the CIC's decision binding?
Yes, under Section 19(7) of the RTI Act, the decision of the Central Information Commission is binding on the public authority [citation:4].