Heeralal Samariya sworn in as Chief Information Commissioner

Information Commissioner Heeralal Samariya was sworn in as the Chief Information Commissioner by President Droupadi Murmu on November 6.

The top post of the Central Information Commission (CIC) was lying vacant following completion of Y.K. Sinha’s tenure on October 3.

President Murmu administered the oath of office to the 63-year-old Samairya at a function at the Rashtrapati Bhavan.

Samariya, a former IAS officer, had served as Labour and Employment Secretary. He was sworn in as the Information Commissioner in the CIC on November 7, 2020.

At present, there are two Information Commissioners in the Commission. 

The Commission is headed by the Chief Information Commissioner and can have a maximum of 10 Information Commissioners.

A Chief Information Commissioner and Information Commissioners can hold the office till they attain 65 years of age.

Central Information Commission

• 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. 

• 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.

Appointments to the CIC 

• Transparency watchdog Central Information Commission, mandated to decide complaints and appeals filed under the Right to Information (RTI) Act, 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:

1) the Prime Minister, who shall be the chairperson of the committee.

2) the Leader of Opposition in the Lok Sabha.

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

• Section 12(5) of the RTI Act provides that the Chief Information Commissioner and Information Commissioners shall 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.

• Section 12(6) of the RTI Act provides that Chief Information Commissioner or an Information Commissioner shall not be a member of Parliament or member of the Legislature of any state or Union Territory as the case may be, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.

• 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:

1) the chief minister, who shall be the chairperson of the committee.

2) the leader of opposition in the legislative assembly.

3) a cabinet minister to be nominated by the chief minister.

• The headquarters of the State Information Commission shall be at such place in the state as the state government may specify and the State Information Commission may, with the previous approval of the state government, establish offices at other places in the state.

• 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.