Section 12 of the RTI Act, 2005: Constitution of the Central Information Commission (CIC)
Section 12 of the Right to Information Act, 2005 establishes the Central Information Commission (CIC), explains its composition and appointment process, and sets out the qualifications, restrictions and administrative independence of its members.
1. Constitution of the CIC: Section 12(1)
Under Section 12(1), the Central Government must, by notification in the Official Gazette, constitute a body called the Central Information Commission. The Commission exercises the powers and performs the functions assigned to it by the RTI Act, including adjudicating second appeals and complaints under Sections 19 and 18 respectively.
2. Composition: Section 12(2)
The Commission consists of:
- One Chief Information Commissioner (CIC); and
- Up to ten Central Information Commissioners (ICs), as considered necessary.
Ten is the statutory maximum for Information Commissioners, not a mandatory number of vacancies to be filled at all times.
3. Appointment and selection committee: Section 12(3)
The President of India appoints the Chief Information Commissioner and the Information Commissioners on the recommendation of a committee comprising:
- The Prime Minister, who chairs the committee;
- The Leader of Opposition in the Lok Sabha; and
- A Union Cabinet Minister nominated by the Prime Minister.
Explanation to Section 12(3): If the Leader of Opposition has not been formally recognised, the leader of the single largest group in opposition to the Government in the Lok Sabha is treated as the Leader of Opposition for this selection process.
4. Administration and independence: Section 12(4)
General superintendence, direction and management of CIC affairs vest in the Chief Information Commissioner, assisted by the Information Commissioners. The Commission exercises its statutory functions autonomously and is not subject to directions from another authority under the RTI Act.
5. Qualifications: Section 12(5)
The Chief Information Commissioner and Information Commissioners must be persons of eminence in public life with broad knowledge and experience in one or more of the following fields:
- Law;
- Science and technology;
- Social service;
- Management;
- Journalism or mass media; or
- Administration and governance.
6. Disqualifying positions and activities: Section 12(6)
A Chief Information Commissioner or Information Commissioner must not:
- Be a Member of Parliament or of a State or Union Territory Legislature;
- Hold another office of profit;
- Be connected with any political party; or
- Carry on any business or pursue any profession.
7. Headquarters: Section 12(7)
The headquarters of the Central Information Commission is at Delhi. With prior approval of the Central Government, the Commission may establish offices at other places in India.
8. Related RTI provisions
| Provision | What it governs |
|---|---|
| Section 13 | Tenure and service conditions of the Chief Information Commissioner and Information Commissioners, read with the 2019 amendments and applicable rules. |
| Section 14 | Removal of the Chief Information Commissioner or Information Commissioners. |
| Section 18 | Inquiry into complaints concerning access to information. |
| Section 19 | Appeals, including second appeals before the Commission. |
| Section 20 | Penalties and disciplinary recommendations for specified defaults. |
Important distinction: Section 12 deals with the CIC's establishment, appointments and institutional structure. The tenure, salaries and other service conditions are addressed separately by Section 13, as amended, and the applicable rules. The Central Information Commission is distinct from the State Information Commissions constituted under Section 15.
9. Official legal sources and portals
- India Code - official legislation database; search for the Right to Information Act, 2005 (Act 22 of 2005).
- Central Information Commission - official CIC portal for decisions, appeals, complaints and institutional information.
- RTI Online - central-government RTI application and first-appeal portal, subject to portal jurisdiction.
- Department of Personnel and Training - RTI rules, notifications and administrative guidance.
Frequently asked questions
Who establishes the Central Information Commission?
The Central Government constitutes the Central Information Commission through a notification in the Official Gazette under Section 12(1).
How many Information Commissioners can the CIC have?
It consists of the Chief Information Commissioner and up to ten Central Information Commissioners under Section 12(2).
Who appoints the CIC and Information Commissioners?
The President appoints them on the recommendation of the committee chaired by the Prime Minister under Section 12(3).