UPSC » Governance Notes » Powers and Functions of Information Commissions

Powers and Functions of Information Commissions

  • A complaint can be made to the Central Information Commission/State Information Commission by anyone:

⇒ Who is unable to file a request due to a vacancy in the position of Public Information Officer.

⇒ Whose information request was turned  down.

⇒ Who did not receive information within the specified time limits.

⇒ If the fees charged seem unreasonable and excessive to the applicant. 

⇒ If the information given to the applicant is incomplete or false or misleading for him/ her.

⇒ Any other issue that may emerge while accessing the information under this law.

  • If there are reasonable grounds, the power to order an investigation.
  • The CIC/SIC will have Civil court-like powers, such as summoning and compelling attendance. They can compel them to testify on oath and produce documents or other items.
  • During the investigation, the individual is required to supply CIC/SIC with all records covered by this legislation (including those covered by exemptions).
  • The Information Commission has the authority to enforce the Public Authority’s judgments. It may ask the Public Authority:

⇒ To offer information in a specific format.

⇒ To direct the public authority to fill the positions of PIO/APIO that have become vacant.

⇒ To publish information from different sources.

⇒ When necessary, update the processes relating to document management, maintenance, and destruction.

⇒ Demand an annual report from the government on how the law is being followed.

⇒ The petitioner will be compensated for whatever losses he or she has suffered.

⇒ Reject the application altogether.

Achievements in Last 15 Years:

  • Around five to eight million RTI applications are filed every year, showing the popularity of the law.
  • “RTI laga denge” (we will file an RTI application) has become a rallying call. The outspoken Indian who is now speaking the truth to power cannot and will not be silenced.
  • This ensures that the Government is held accountable every day instead of once in 5 years.
  • The RTI Act encourages transparency in government operations and allows citizens to learn about what is going on in their government. A study of RTI applications reveals that ordinary people demand information regarding expenditures on roads, life-saving medicines in hospitals, disappearing rations etc.
  • It has helped to expose entrenched vested interests in policy making and implementation. Various scams like the 2G (allocations of 2G spectrum) Scam, Coal Gate scam (coal blocks allocations) were unearthed due to the RTI.
  • The RTI was one of the first rights-based legislation, and it inspired a slew of others, including the Right to Education and the Forest Rights Act.
  • Despite its challenges in implementation, it is widely recognised as one of the world’s most strong RTI laws.