Explain the provisions involved in the removal of the Central Information Commissioner.

Provisions Involved in the Removal of the Central Information Commissioner (CIC):

The removal of the Central Information Commissioner (CIC) is a significant process outlined in the Right to Information (RTI) Act, ensuring accountability and integrity in the functioning of the Information Commission. The provisions for the removal of the CIC are detailed in the RTI Act of 2005.

1. Grounds for Removal:

• The Act specifies certain grounds on which the CIC can be removed. These include:
  • Proven Misbehavior or Incapacity: The CIC can be removed on the grounds of proven misbehavior or incapacity. This provides a mechanism to address serious ethical or performance-related issues.

2. Reference to the President:

• If any person wishes to move a motion for the removal of the CIC, they must address a written complaint to the President of India. This initiates the process of investigation and decision-making regarding the removal.

3. Investigation Committee:

• Upon receiving a complaint, the President forms an investigation committee. This committee consists of:
  • The Chief Justice of India (or a Supreme Court Judge nominated by the Chief Justice),
  • A person nominated by the Chief Justice of India, and
  • The CIC.

4. Inquiry Procedure:

• The inquiry procedure is akin to a judicial process. The committee investigates the allegations against the CIC and provides an opportunity for the CIC to present their case. This ensures a fair and impartial examination of the charges.

5. Findings and Recommendations:

• After the inquiry, the committee submits its findings and recommendations to the President. The recommendations could include whether the CIC should be removed from office based on the grounds mentioned in the complaint.

6. Decision by the President:

• The President then makes a decision based on the findings and recommendations of the committee. The decision to remove the CIC is ultimately at the discretion of the President.

7. Tenure Protection:

• The Act provides protection to the tenure of the CIC by specifying that the CIC shall not be removed from office before the expiration of the term of five years from the date on which they enter upon their office.

8. Similar Provisions for Information Commissioners:

• Similar provisions are outlined for the removal of Information Commissioners at the Central Information Commission. The process involves a complaint, investigation committee, inquiry, findings, and recommendations, followed by a decision by the President.

9. Transparency and Accountability:

• The provisions for the removal of the CIC ensure transparency and accountability in the functioning of the Information Commission. The inquiry process allows for a fair examination of allegations, maintaining the credibility of the institution.

In summary, the removal provisions for the Central Information Commissioner in the RTI Act establish a robust mechanism to address issues of misbehavior or incapacity. The involvement of an investigation committee and a fair inquiry process upholds the principles of justice and accountability in the functioning of the Information Commission.