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Central Information Commission/ SIC::: M LAXMIKANTH



Chapter 55 and 56

CIC Vs SIC

Right to info Act(2005); created: Central Info Commission and State Info Commission:
 
COMPOSITION
CIC
SIC

1= Chief info commissioner
Max 10= “Info Commissioner (actual fixed by GOI)
Same
(Actual vary state-state…but max =10)
Appointed by
President
Governor
Recommended by

Committee
Committee= PM + Leader of Opp(LS),(if not, single largest opp party) + Union Cabinet Minister(nominated by PM)
Committee = CM + Leader of Opp(Lower House), (if not, single largest opp party)  + State Cabinet Minister(Nominate by CM)
Qualification of
Members so recommended
--knowledge + experience in= Law+ science & Tech + social services+ management + journalism+ mass media or administration + governance.
Same
-ve Qualification
They should not be= MP + MLA + no office of profit + no connection@ political party + no business/profession right now.
Same















Condition
CIC
SIC
Tenure
5 year / 65 age
(CAG/UPSC/SPSC = 6year)
(NHRC/SHRC/Attorney/Advocate general=5year)
Same
Removal
President (CIC + IC both)
Governor (SIC +IC both)
Condition of removal
(by President/Governor)
--Insolvent.
--Convicted in an offence, which President (Governor, incase SIC) thinks= moral turpitude.
--Involves in paid employment, except duty.
--Mentally/Physically unfit.
--Pecuniary interest.

Same
Removal by President on advice of SC
Misbehavior = vested interest in gov contract

* if misbehavior is observed president refers it t o SC for approval then ===President removes him
Same

* if misbehavior is observed Governor refers it t o SC for approval then ===Governor removes him
Independence ↓


Salary+allowance
+service condition
(see new rules..these are old)
Chief Info Commissioner= Chief EC.
Info Commissioner =  EC.
>State Chief info  Commissioner=EC.

>State Info Commissioner= Chief secretary of state gov



 Power/Function
CIC
SIC

Inquires in complain by person……regarding RTI:
not given, incomplete, fee is unreasonable etc
Same

Can also inquire Suo moto
Same

Can inquire if PIO is not available.
Sme




While inquiring = Has powers of Civil court:
-can Summon, require doc, oath, affidavit etc.
(Same as NCSC/ NCST)
Same

Can seek annual report from authority on compliance
Same

Can manage itself(info type, structure or whether given or not) and PIO
Same




Commission submits annual report to Central Gov= on implementation of work
To  Sate Gov

Central Gov= puts report in Parliament
In Sate Legislature
Non compliance
May provide the authority  recommendation to ensure future compliance.
Same


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