Question

Consider the following statements:

1. The office of Chief Justice of India comes under the purview of the Right to Information (RTI) Act.

2. The Chief Information Commissioner and an Information Commissioner shall hold office for such term as prescribed by the Central Government or until they attain the age of 65 years, whichever is earlier.

Which of the above statements is/are correct?

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Answer 1

Correct Answer - Option 3 : Both 1 and 2

The correct answer is Both 1 and 2.

• 12 October 2020 marks 15 years since the implementation of the Right to Information Act (RTI) 2005.
• The Central Information Commission was established by the Central Government in 2005.
• It was constituted through an Official Gazette Notification under the provisions of the Right to Information Act (2005). Hence, it is not a constitutional body.
• The Central Information Commission is a high-powered independent body that inter alia looks into the complaints made to it and decides the appeals.
• The Chief Information Commissioner and an Information Commissioner shall hold office for such term as prescribed by the Central Government or until they attain the age of 65 years, whichever is earlier. Hence statement 2 is correct.
• The Chief Information Commissioner shall not be eligible for reappointment
• It entertains complaints and appeals pertaining to offices, financial institutions, public sector undertakings, etc., under the Central Government and the Union Territories.
• It sets out the rules and procedures regarding citizens' Right to information.
  • It replaced the former Freedom of Information Act, 2002.
  • This act was enacted in order to consolidate the fundamental right in the Indian constitution 'freedom of speech.
  • Since RTI is implicit in the Right to Freedom of Speech and Expression under Article 19 of the Indian Constitution, it is an implied fundamental right.
• Supreme Court of India in 2019, upheld the decision of the Delhi High Court bringing the office of Chief Justice of India under the purview of the Right to Information (RTI) Act. Hence statement 1 is correct.
• Currently, Political parties are not under the ambit of the RTI act.