Luxmikant Polity Crux Static Books Crux Notes

LUXMIKANT POLITY CRUX NOTES-CHAPTER-57

Central Information Commission

Intro ·         RTI Act, 2005 provided for creation of CIC at Centre and State level.

·         The Central Information Commission was established by the Central Government in 2005.

·         Not a Constitutional boy, Look the Complain + decide

·         CIC + max (10) I. Commission by POI recommended by committee (PM+ LOP + Union Cabinet Minister) – from – Laws, science, Management, social services, Journalism

·         Should not be – MLA/MP

P.P member

On Carrying business [65/5 years]

·         Removal same as member of BHRC by POI

·         Salary & power = CEC = CIC

·         IC= EC= but cannot be varied with disadvantage during service.

Power and function ·         Duty of the Commission – receive and inquire into a complaint from any person who:

a.       Hasn’t able to submit an information request because of non-appointment of a Public InformationOfficer;

b.       Has been refused information that was requested

c.        Has not received response to his informationrequest within the specified time limits;

d.       Thinks fees charged are unreasonable;

e.        Thinks information given is incomplete, misleadingor false; and

f.        Any other matter relating to obtaining information.

·         Suo Motu order inquiry into any matter if there are reasonable grounds

·         Powers of a civil court:

a.       summoning and enforcing attendance of persons + compelling them to give oral or written evidence on oath;

b.       requiring the discovery and inspection of documents;

c.        receiving evidence on affidavit;

d.       requisitioning any public record from any court or office;

e.        issuing summons for examination of witnesses ordocuments;

·         All public records must be given to the Commission during inquiry for examination.

·         Power to secure compliance of its decisions from the public authority

·         Submits an annual report to the CG on the implementation of the RTI Act.

·         Recommend steps which ought to be taken for promoting such conformity.

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