Central Information Commission Judicial Body Or Administration Wing

Central Information Commission Judicial Body Or Administration Wing

- Anshul Gupta

Central Information Commission (CIC) set up under RTI (Right to Information) Act, 2005 is an authorized body to provide information to the individuals, by acting on the complaints from them who hasn’t received the information from the public authority. There has been a Quaeitur (Question raised) that whether this authorized body is a judicial body or administrative. It was a perplexing stage for the Supreme Court once when SC expressed diversified views in two cases and reversing its own judgment.

In 2013, Supreme Court held that the “functions of Information Commissions are administrative, not the Judicial functions, because a person has a right to information and commission ensures that the information sought from public authority is not denied to them and their right is being forefended, unless the information is exempted under the provisions of the RTI Act.”

Information Commission does not decide a dispute between the two parties concerning their legal rights, rather it decides whether a citizen should get particular information or not. Commission has to ensure and effectuate that Right to Information recognized under Art. 19 of the Constitution and under RTI Act is been provided to them vis-a-vis protections embodied under Art.21 of the Constitution.