Central & State Information Commissions — Sections 12 & 15

Landmark Case: Anjali Bhardwaj v. Union of India (2019) 10 SCC 1 — The Supreme Court directed that vacancies in Central and State Information Commissions must be filled in a time-bound, transparent manner with the selection committee’s criteria and shortlist published on the website, establishing that Commission independence is a constitutional concern.

Why Independent Commissions Matter

The most common failure of transparency laws before the RTI Act was the absence of an independent appellate body. Appeals went back to the same government that had denied the information. The RTI Act 2005 created a two-tier independent structure: a Central Information Commission (CIC) at the national level and State Information Commissions (SICs) in each state. Both have real enforcement powers — they can order disclosure, award compensation, and impose personal financial penalties on defaulting PIOs.

Central Information Commission — Section 12

Composition (Section 12(2)):

• 1 Chief Information Commissioner (head)
• Up to 10 Information Commissioners

Head office: New Delhi. Other offices may be established with Central Government approval.

Selection and Appointment

flowchart LR
    A["Vacancy arises"] --> B["Search Committee\nshortlists candidates\n(Anjali Bhardwaj — transparent process)"]
    B --> C["Selection Committee\nSection 12(3)\nPM + Leader of Opposition\nin Lok Sabha + Cabinet Minister\nnominated by PM"]
    C --> D["Recommends names\nto President"]
    D --> E["President appoints\nunder Section 12(3)"]
    E --> F["Commissioner takes\noath of office"]

Eligibility (Section 12(5)): 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.

Disqualifications (Section 12(6)): Cannot be a Member of Parliament or State Legislature, cannot hold any office of profit, cannot be connected with any political party, cannot carry on any business or profession.

State Information Commission — Section 15

Section 15 mirrors Section 12 exactly for the State level:

graph TD
    A["STATE INFORMATION COMMISSION\nSection 15\nHead Office: State Capital"] --> B["State Chief Information Commissioner\n1 member"]
    A --> C["State Information Commissioners\nUp to 10 members"]

    B --> D["Appointed by Governor"]
    C --> D

    D --> E["Selection Committee:\n1. Chief Minister — Chair\n2. Leader of Opposition\nin Legislative Assembly\n3. Cabinet Minister\nnominated by CM"]

    E --> F["Same eligibility as CIC\nSame disqualifications"]

Tenure — Sections 13 and 16

Before the RTI (Amendment) Act 2019:

• Term: 5 years or until age 65, whichever is earlier.
• No re-appointment.
• Salary of Chief Information Commissioner = Chief Election Commissioner = Supreme Court Judge.

After the RTI (Amendment) Act 2019:

• Term and salary: “as prescribed by the Central Government.”
• This is the most criticised change — it removes the fixed constitutional-equivalence guarantee and makes Commissioners dependent on the government whose actions they adjudicate.

Removal — Sections 14 and 17

A Commissioner can be removed only by the President (for CIC) or Governor (for SIC) on grounds of:

1. Proved misbehaviour, or
2. Incapacity — and only after a Supreme Court inquiry.

Auto-disqualification without SC inquiry: insolvency, conviction for moral turpitude, taking up paid employment, acquiring conflicting financial interests.

Powers and Functions — Sections 18, 19, 20, 25

Civil Court Powers under Section 18(3)

graph TD
    A["INFORMATION COMMISSION\nPowers of Civil Court\nSection 18(3)"] --> B["Summon and enforce\nattendance of persons"]
    A --> C["Require discovery and\ninspection of documents"]
    A --> D["Receive evidence\non affidavit"]
    A --> E["Requisition public records\nfrom any court or office"]
    A --> F["Issue summons for\nexamination of witnesses"]

CIC vs SIC — Key Comparison

Sample Problem (KSLU-style)

Problem: Describe the composition, appointment process, and powers of the Central Information Commission under the RTI Act 2005.

Answer (IRAC):

• Issue: What is the structure and authority of the Central Information Commission?
• Rule: Sections 12, 13, 14, 18, 19, and 20 of the RTI Act 2005 govern the CIC.
• Analysis: The CIC consists of a Chief Information Commissioner and up to 10 Information Commissioners (Section 12(2)). They are appointed by the President on the recommendation of a Selection Committee headed by the Prime Minister, with the Leader of Opposition in the Lok Sabha and a Cabinet Minister as members (Section 12(3)). Commissioners must be persons of eminence in specified fields (Section 12(5)) and are disqualified from holding political office or office of profit (Section 12(6)). The CIC’s powers are substantial: it has civil court powers under Section 18(3) to summon persons and demand documents; it can order disclosure of information (Section 19); it can award compensation to applicants (Section 19(8)(b)); it can impose penalties up to Rs. 25,000 on defaulting PIOs (Section 20); and it can recommend disciplinary action. Its decisions are binding (Section 19(7)).
• Conclusion: The CIC is an independent statutory body with wide judicial-type powers, designed to be the final domestic authority on RTI disputes. Post the 2019 Amendment, concerns about its independence have increased because tenure and salary are now determined by the Central Government.