Section 12 RTI Act: Constitution of Central Information Commission
Right to Information Act, 2005
Section 12 RTI Act at a Glance
Section 12 RTI Act establishes the Central Information Commission, consisting of the Chief Information Commissioner and up to 10 Central Information Commissioners. It sets the appointment committee, qualifications, disqualifications, autonomous management, and Delhi headquarters.
Section 12 RTI Act Bare Act Text
12. Constitution of Central Information Commission.
(1) The Central Government shall, by notification in the Official Gazette, constitute a body to be known as the Central Information Commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.
(2) The Central Information Commission shall consist of—
(a) the Chief Information Commissioner; and
(b) such number of Central Information Commissioners, not exceeding ten, as may be deemed necessary.
(3) The Chief Information Commissioner and Information Commissioners shall be appointed by the President on the recommendation of a committee consisting of—
(i) the Prime Minister, who shall be the Chairperson of the committee;
(ii) the Leader of Opposition in the Lok Sabha; and
(iii) a Union Cabinet Minister to be nominated by the Prime Minister.
Explanation.—For the purposes of removal of doubts, it is hereby declared that where the Leader of Opposition in the House of the People has not been recognised as such, the Leader of the single largest group in opposition of the Government in the House of the People shall be deemed to be the Leader of Opposition.
(4) The general superintendence, direction and management of the affairs of the Central Information Commission shall vest in the Chief Information Commissioner who shall be assisted by the Information Commissioners and may exercise all such powers and do all such acts and things which may be exercised or done by the Central Information Commission autonomously without being subjected to directions by any other authority under this Act.
(5) 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.
(6) The 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.
(7) The headquarters of the Central Information Commission shall be at Delhi and the Central Information Commission may, with the previous approval of the Central Government, establish offices at other places in India.
Section 12 RTI Act in Simple Words
Section 12 RTI Act provides for setting up the Central Information Commission and sets out its composition, appointment process, qualifications, disqualifications, and headquarters. Under Section 12(1) RTI Act, the Central Government must constitute the Central Information Commission by notification in the Official Gazette (the government's official journal for legal notices) to exercise the powers conferred on it and perform the functions assigned to it under the RTI Act. Under Section 12(2) RTI Act, the Commission consists of the Chief Information Commissioner and such number of Central Information Commissioners, not exceeding 10, as may be deemed necessary.
Under Section 12(3) RTI Act, the President appoints the Chief Information Commissioner and the Information Commissioners on the recommendation of a committee consisting of the Prime Minister as Chairperson, the Leader of Opposition in the Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister. The Explanation to Section 12(3) RTI Act clarifies that where the Leader of Opposition in the House of the People (Lok Sabha) has not been recognised as such, the Leader of the single largest group in opposition to the Government in the House of the People is deemed to be the Leader of Opposition.
Under Section 12(4) RTI Act, overall superintendence, direction, and management of the affairs of the Central Information Commission vest in the Chief Information Commissioner, assisted by the Information Commissioners. The Chief Information Commissioner may exercise all powers and do all acts and things that the Commission may exercise or do autonomously (independently), without being subjected to directions by any other authority under the RTI Act.
Under Section 12(5) RTI Act, the Chief Information Commissioner and Information Commissioners must 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. Under Section 12(6) RTI Act, the Chief Information Commissioner or an Information Commissioner must not be a Member of Parliament or a Member of the Legislature of any State or Union territory, hold any other office of profit, be connected with any political party, carry on any business, or pursue any profession. Under Section 12(7) RTI Act, the Commission's headquarters is at Delhi, and the Commission may establish offices at other places in India with the previous approval of the Central Government.
When Section 12 RTI Act Applies
- The Central Government constitutes the Central Information Commission by notification in the Official Gazette.
- The Commission consists of the Chief Information Commissioner and up to 10 Central Information Commissioners as deemed necessary.
- The President appoints the Chief Information Commissioner and Information Commissioners on the recommendation of a committee chaired by the Prime Minister, with the Leader of Opposition in the Lok Sabha (or leader of the single largest opposition group) and a nominated Union Cabinet Minister.
- Overall superintendence, direction, and management vest in the Chief Information Commissioner, assisted by the Information Commissioners, acting autonomously without directions from any other authority under the RTI Act.
- Appointees must 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.
- Appointees must not be Members of Parliament or State or Union territory Legislatures, hold any other office of profit, be connected with any political party, carry on any business, or pursue any profession; the headquarters is at Delhi.
Example of Section 12 RTI Act
When Section 12 RTI Act Does Not Apply
- Under Section 12(2)(b) RTI Act, the number of Central Information Commissioners cannot exceed 10.
- Under Section 12(6) RTI Act, a Chief Information Commissioner or Information Commissioner must not be a Member of Parliament or of a State or Union territory Legislature, hold any other office of profit, be connected with any political party, carry on any business, or pursue any profession.
- Under Section 12(4) RTI Act, no other authority under the RTI Act can subject the Chief Information Commissioner to directions when exercising the Commission's powers and functions.
- Under Section 12(7) RTI Act, the Central Information Commission cannot establish offices at places outside Delhi without the previous approval of the Central Government.
FAQs on Section 12 RTI Act
What is Section 12 RTI Act?▼
Section 12 RTI Act requires the Central Government to constitute the Central Information Commission and sets out its composition, appointment committee, and Delhi headquarters. It also lays down the qualifications, disqualifications, and autonomous management of the Chief Information Commissioner and Information Commissioners.
How many members can the Central Information Commission have under Section 12 RTI Act?▼
The Chief Information Commissioner and up to 10 Central Information Commissioners. Under Section 12(2) RTI Act, the number of Central Information Commissioners within that limit of 10 is such number as may be deemed necessary.
Who appoints the Chief Information Commissioner and Information Commissioners under Section 12(3) RTI Act?▼
The President. Under Section 12(3) RTI Act, the President appoints them on the recommendation of a committee consisting of the Prime Minister as Chairperson, the Leader of Opposition in the Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister.
Who serves on the selection committee if there is no recognised Leader of Opposition in the Lok Sabha?▼
The Leader of the single largest group in opposition to the Government in the House of the People. Under the Explanation to Section 12(3) RTI Act, that leader is deemed to be the Leader of Opposition.
Can a Member of Parliament, legislator, or person pursuing a profession hold office on the Central Information Commission?▼
No. Under Section 12(6) RTI Act, the Chief Information Commissioner or an Information Commissioner must not be a Member of Parliament or of any State or Union territory Legislature, hold any other office of profit, be connected with any political party, carry on any business, or pursue any profession.
Can another authority under the RTI Act issue directions to the Chief Information Commissioner?▼
No. Under Section 12(4) RTI Act, the Chief Information Commissioner manages the Commission's affairs and exercises its powers autonomously without being subjected to directions by any other authority under the RTI Act.
Can the Central Information Commission open offices outside Delhi under Section 12(7) RTI Act?▼
Yes. Under Section 12(7) RTI Act, although the headquarters of the Central Information Commission is at Delhi, the Commission may establish offices at other places in India with the previous approval of the Central Government.
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Sources: Bare Act Text, Right to Information Act, 2005 ·