Question

Difficulty: MediumStatutory Bodies, Citizen Charters, RTI, and Public Policy Governance

With reference to the statutory framework governing the Central Information Commission (CIC) under the Right to Information Act, 2005, consider the following statements:

1. The Chief Information Commissioner and Information Commissioners are appointed by the President of India on the recommendation of a statutory selection committee.
2. The selection committee includes the Prime Minister as Chairperson, the Leader of Opposition in the Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister.
3. The Chief Justice of India or a Supreme Court Judge nominated by the Chief Justice is a mandatory member of this selection committee.

Which of the statements given above is/are correct?

  1. 1 and 2 onlyAnswer
  2. B
    1, 2 and 3
  3. C
    2 and 3 only
  4. D
    1 only

Answer

Statements 1 and 2 are correct. Statement 3 is incorrect because the Chief Justice of India is not a member of the Selection Committee for the Central Information Commission.
The choice stating '1 and 2 only' is correct. Under Section 12(3) of the Right to Information Act, 2005, the Chief Information Commissioner and Information Commissioners are appointed by the President of India upon the recommendation of a three-member committee consisting of the Prime Minister (Chairperson), the Leader of Opposition in the Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister. The Chief Justice of India is not a member of this selection panel.

Step-by-Step Solution

1
Analyze Statement 1 regarding appointing authority
Under Section 12(3) of the Right to Information Act, 2005, the Chief Information Commissioner and Information Commissioners are appointed by the President of India on the recommendation of a designated committee. Statement 1 is correct.
Identify statutory appointment authority provisions.
2
Analyze Statement 2 regarding Selection Committee composition
Section 12(3) explicitly mandates a three-member committee: (i) Prime Minister (Chairperson), (ii) Leader of Opposition in the Lok Sabha, and (iii) A Union Cabinet Minister nominated by the Prime Minister. Statement 2 is correct.
Verify exact members prescribed by the RTI Act.
3
Analyze Statement 3 regarding judicial representation
Unlike the Selection Committees for NHRC or Lokpal, the Chief Justice of India (or a nominee) is NOT part of the Selection Committee for the Central Information Commission. Statement 3 is incorrect.
Differentiate CIC appointment committee rules from NHRC/Lokpal judicial inclusion requirements.

Key Concept

Selection Committee Composition for Central Information Commission under RTI Act, 2005
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