Highlight the provisions regarding appointment, removal and suspension of members of the Central Information Commission.

1. Appointment of Members

The appointment of members of the Central Information Commission (CIC) is governed by the provisions of the Right to Information (RTI) Act, 2005. The Act mandates the establishment of the CIC as the apex body for adjudicating disputes and appeals related to the right to information. The following provisions outline the process of appointment of members to the CIC:

Under Section 12 of the RTI Act, the CIC consists of one Chief Information Commissioner (CIC) and up to ten Information Commissioners (ICs). The Chief Information Commissioner and Information Commissioners are appointed by the President of India on the recommendation of a selection committee.

The selection committee consists of the Prime Minister, who acts as the Chairperson, the Leader of Opposition in the Lok Sabha, and one Union Cabinet Minister nominated by the Prime Minister.

The selection committee considers the suitability of candidates based on their knowledge and experience in fields such as law, public administration, social work, journalism, science and technology, and management.

The Chief Information Commissioner and Information Commissioners hold office for a term of five years or until they attain the age of sixty-five years, whichever is earlier. They are not eligible for reappointment.

2. Removal of Members

The RTI Act provides provisions for the removal of the Chief Information Commissioner and Information Commissioners from office under certain circumstances. The process for the removal of members of the CIC is as follows:

Under Section 14 of the RTI Act, the Chief Information Commissioner or Information Commissioner may be removed from office by the President on the ground of proved misbehaviour or incapacity.

The President may initiate the removal process based on a reference made by the Central Vigilance Commission (CVC) or on the recommendation of the Supreme Court, if it is satisfied that the Chief Information Commissioner or Information Commissioner is guilty of misbehaviour or suffers from incapacity.

The removal process involves an inquiry conducted by the Supreme Court or a body constituted by it, in which the Chief Information Commissioner or Information Commissioner concerned is given an opportunity to be heard and present evidence in their defense.

If the Supreme Court or the constituted body finds the Chief Information Commissioner or Information Commissioner guilty of misbehaviour or suffering from incapacity, the President may remove them from office.

3. Suspension of Members

The RTI Act also provides provisions for the suspension of the Chief Information Commissioner or Information Commissioners pending inquiry into allegations of misbehaviour or incapacity. The process for suspension of members of the CIC is as follows:

The President may suspend the Chief Information Commissioner or Information Commissioners from office if a reference is made to the Supreme Court or a constituted body for inquiry into allegations of misbehaviour or incapacity.

The suspension remains in force until the inquiry is completed and the President makes a final decision on the removal of the Chief Information Commissioner or Information Commissioner from office.

Conclusion

The provisions regarding the appointment, removal, and suspension of members of the Central Information Commission are essential for ensuring the independence, integrity, and accountability of the institution. These provisions uphold the principles of transparency and accountability in the functioning of the CIC and contribute to the effective implementation of the Right to Information Act, 2005.