Terms and conditions of service of the Central Information Commissioners under the RTI Act, 2005

Under the Right to Information Act, 2005, the Chief Information Commissioner and the Central Information Commissioners function as the second appellate authorities. They also have the responsibility of ensuring that the Public Authorities follow the mandate of the RTI Act. Being so vital for the functioning of the RTI Act, their qualification, term and tenure, salary and allowances, resignation and removal are prescribed in the RTI Act itself and are as under:  

Qualification: They are to be persons of eminence in public life with wide knowledge and experience in: (i)Law (ii) Science and technology (iii)Social service, (iv)Management, (v)Journalism, (vi)Mass media or (vii)Administration and governance[1]. They shall not be a Member of Parliament or Member of the Legislature of any State or Union territory[2]and shall not hold any other office of profit or be connected with any political party or carry on any business or profession[3]. Term & Tenure:

·        The Chief Information Commissioner holds office for a term of three  years from the date of joining.

·        The Information Commissioners hold office for a term of three years from the date of joining.

·        Before entering office, the Chief Information Commissioner/ Information Commissioner take oath as per the form prescribed in the First Schedule of the RTI Act, 2005[4].

Salary and Allowances: The salaries and allowances payable to and other terms and conditions of service of the Chief Information Commissioner and the Information Commissioner can be accessed here. After appointment, the salaries, allowances and other conditions of service of the Chief Information Commissioner and the Information Commissioners are not to be varied to their disadvantage. Resignation and Removal:

·        The Chief Information Commissioner or the Information Commissioner may resign at any time by writing to the President[8].

·        The Chief Information Commissioner or an Information Commissioner may be removed from office only by order of the President on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference made to it by the President, has, on inquiry, reported that the Chief Information Commissioner or any Information Commissioner, ought on such ground be removed[5].

·        The Chief Information Commissioner of the Information Commissioner shall be deemed to be guilty of misbehaviour if they are in any way, concerned or interested in any contract or agreement made by or on behalf of the Government of India or participate in any way in the profit thereof or in any benefit or emolument arising therefrom otherwise than as a member and in common with the other members of an incorporated company[6].

·        The President may also by order remove from office the Chief Information Commissioner or any Information Commissioner if he/she:

(a) is adjudged an insolvent; or

(b) has been convicted of an offence which, in the opinion of the President, involves moral turpitude; or

(c) engages during his term of office in any paid employment outside the duties of his office; or

(d) is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body; or

(e) has acquired such financial or other interest as is likely to affect prejudicially his functions as the Chief Information Commissioner or as an Information Commissioner[7].