Which of the following statements are correct about the Central Information…
2013
Which of the following statements are correct about the Central Information Commission ?
1. The Central Information Commission is a statutory body.
2. The Chief Information Commissioner and other Information Commissioners are appointed by the President of India.
3. The Commission can impose a penalty upto a maximum of ₹ 25,000/-
4. It can punish an errant officer.
Select the correct answer from the codes given below :
Codes :
Answer: C. 1, 2 and 3 — Concept A body is called statutory when it owes its existence to an ordinary Act of Parliament, in contrast to a constitutional body, which is created by an…
- A.
1 and 2 only
- B.
1, 2 and 4
- C.
1, 2 and 3
- D.
2, 3 and 4
Show answer & explanation
Correct answer: C
Concept
A body is called statutory when it owes its existence to an ordinary Act of Parliament, in contrast to a constitutional body, which is created by an express provision of the Constitution itself. Whatever authority such a body holds is exactly what its parent Act confers on it, and an Act often separates two very different kinds of authority: the power to impose a monetary penalty directly on a defaulting official, and the power to inflict service or disciplinary punishment on that official. The second is normally reserved to the officer’s own disciplinary authority, so the statutory body is left only with a power to recommend.
Application — checking each statement against the Right to Information Act, 2005
Creation. The Commission is constituted under Section 12 of the Right to Information Act, 2005, an ordinary Act of Parliament; no Article of the Constitution creates it. By the test above it is a statutory body, not a constitutional one.
Appointment. Section 12(3) provides that the Chief Information Commissioner and the Information Commissioners are appointed by the President, 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.
Monetary penalty. Section 20(1) empowers the Commission to impose on a Public Information Officer who refuses or delays an application without reasonable cause a penalty of ₹250 for each day of delay, subject to an overall ceiling of ₹25,000. The ₹25,000 is the total cap, not a daily figure.
Disciplinary punishment. Section 20(2) provides that where the Commission is of the opinion that the officer has persistently failed to comply with the Act, it shall recommend disciplinary action against him under the service rules applicable to him. The Commission recommends; the disciplinary authority is the one that actually punishes.
Cross-check — the two distinct powers under Section 20
Provision | What the Commission may do | Who acts on the officer |
|---|---|---|
Section 20(1) | Impose a penalty of ₹250 per day of delay, capped at ₹25,000 | The Commission itself |
Section 20(2) | Recommend disciplinary action under the applicable service rules | The officer’s disciplinary authority |
Result
The statutory-creation claim, the presidential-appointment claim and the ₹25,000 penalty-ceiling claim all match the Act, so statements 1, 2 and 3 are correct. The claim that the Commission can itself punish an errant officer does not, because Section 20(2) gives it only a power of recommendation, so statement 4 is incorrect. The code that selects exactly statements 1, 2 and 3 is the answer.