Elisha Vermani 
New Delhi: The central information commission (CIC) has received 161 applications for 8 posts of information commissioners (ICs) lying vacant in the central government body, a Right to Information (RTI) query filed by transparency activist Commodore Lokesh Batra (retired) has revealed.
The CIC had invited applications for the posts in a notice dated August 14, 2024. At present, the CIC is staffed with only the chief information commissioner and two ICs against the sanctioned strength of 10 commissioners.
Regarding the process of appointment of the commissioners, the Department of Personnel and Training (DoPT) in its response said that information of the applicants will be tabulated and sent to a search committee constituted by the prime minister.
“All the names as well [as] shortlisted names (along with their applications) are sent to the Committee constituted under Section 12(3) headed by the Honourable Prime Minister.
Persons recommended by the Committee under Section 12(3) are appointed by the Honourable President. The Search Committee devises its own modalities for shortlisting the candidates,” the RTI response reads.
While Batra had also requested the name of the applicants, the DoPT said that “the concerned file is under submission to senior officer, therefore, list of names of applicants is not available with the CPIO at this stage” adding that this file can be accessed after the appointment process has been completed.
Section 12(3) of the Right to Information Act, 2005 stipulates that the chief information commissioner and information commissioners of the CIC will be appointed by a search committee comprising of:
(i) The prime minister, who shall be the chairperson of the committee;
(ii) The leader of opposition (LoP) in the Lok Sabha; and
(iii) A Union Cabinet minister to be nominated by the prime minister.
Batra, a veteran transparency activist, said that as per his knowledge the LOP is also provided with details of the applicants in advance, prior to the meeting of the high-powered selection committee chaired by the prime minister. “The message has to reach the LoP [Rahul Gandhi] that he has to do his homework prior to attending [the] meeting,” he said.
CIC, SICs chronically understaffed
In July 2024, the National Campaign for Peoples’ Right to Information (NCPRI) had written to Prime Minister Narendra Modi and LoP Rahul Gandhi expressing concern about the vacancies in the CIC.
“NCPRI is extremely concerned to note that the Central Information Commission (CIC) is functioning with only the Chief Information Commissioner and two information commissioners. Eight posts of information commissioners are lying vacant, even as the backlog of appeals/complaints currently stands at nearly 23,000 and is steadily increasing,” the letter dated July 26, 2024 said.
“It is extremely worrying that for several months the CIC has been functioning at a reduced capacity. This negates the very purpose of the RTI Act, which is to ensure time-bound access to information,” the letter said.
The NCPRI has also written to the chief ministers and LoPs of 12 states regarding vacancies in their state information commissions (SICs).
Five SICs are lying completely defunct. These include Jharkhand (since May 2020), Telangana (since February 2023), Tripura (since July 2021), Madhya Pradesh And Goa (since March 2024), NCPRI pointed out in its letter.
Several other information commissions are functioning with a large number of vacant posts despite having a significant backlog of appeals and complaints.