12. Constitution of Central Information Commission.—(1) The Central Government shall, by
notification in the Official Gazette, constitute a body to be known as the Central Information Commission
to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.
(2) The Central Information Commission shall consist of—
(a) the Chief Information Commissioner; and
(b) such number of Central Information Commissioners, not exceeding ten, as may be deemed
necessary.
(3) The Chief Information Commissioner and Information Commissioners shall be appointed by the
President on the recommendation of a committee consisting of—
(i) the Prime Minister, who shall be the Chairperson of the committee;
(ii) the Leader of Opposition in the Lok Sabha; and
(iii) a Union Cabinet Minister to be nominated by the Prime Minister.
Explanation.—For the purposes of removal of doubts, it is hereby declared that where the Leader of
Opposition in the House of the People has not been recognised as such, the Leader of the single largest
group in opposition of the Government in the House of the People shall be deemed to be the Leader of
Opposition.
(4) The general superintendence, direction and management of the affairs of the Central Information
Commission shall vest in the Chief Information Commissioner who shall be assisted by the Information
Commissioners and may exercise all such powers and do all such acts and things which may be exercised
or done by the Central Information Commission autonomously without being subjected to directions by
any other authority under this Act.
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(5) The Chief Information Commissioner and Information Commissioners shall be persons of
eminence in public life with wide knowledge and experience in law, science and technology, social
service, management, journalism, mass media or administration and governance.
(6) The Chief Information Commissioner or an Information Commissioner shall not be a Member of
Parliament or Member of the Legislature of any State or Union territory, as the case may be, or hold any
other office of profit or connected with any political party or carrying on any business or pursuing any
profession.
(7) The headquarters of the Central Information Commission shall be at Delhi and the Central
Information Commission may, with the previous approval of the Central Government, establish offices at
other places in India.
13. Term of office and conditions of service.—(1) The Chief Information Commissioner shall hold
office 1
[for such term as may be prescribed by the Central Government] and shall not be eligible for
reappointment:
Provided that no Chief Information Commissioner shall hold office as such after he has attained the
age of sixty-five years.
(2) Every Information Commissioner shall hold office 1
[for such term as may be prescribed by the
Central Government] or till he attains the age of sixty-five years, whichever is earlier, and shall not be
eligible for reappointment as such Information Commissioner:
Provided that every Information Commissioner shall, on vacating his office under this sub-section be
eligible for appointment as the Chief Information Commissioner in the manner specified in
sub-section (3) of section 12:
Provided further that where the Information Commissioner is appointed as the Chief Information
Commissioner, his term of office shall not be more than five years in aggregate as the Information
Commissioner and the Chief Information Commissioner.
(3) The Chief Information Commissioner or an Information Commissioner shall before he enters
upon his office make and subscribe before the President or some other person appointed by him in that
behalf, an oath or affirmation according to the form set out for the purpose in the First Schedule.
(4) The Chief Information Commissioner or an Information Commissioner may, at any time, by
writing under his hand addressed to the President, resign from his office:
Provided that the Chief Information Commissioner or an Information Commissioner may be removed
in the manner specified under section 14.
2
[(5) The salaries and allowances payable to and other terms and conditions of service of the Chief
Information Commissioner and the Information Commissioners shall be such as may be prescribed by the
Central Government:
Provided that the salaries, allowances and other conditions of service of the Chief Information
Commissioner or the Information Commissioners shall not be varied to their disadvantage after their
appointment:
Provided further that the Chief Information Commissioner and the Information Commissioners
appointed before the commencement of the Right to Information (Amendment) Act, 2019 (24 of 2019)
shall continue to be governed by the provisions of this Act and the rules made thereunder as if the Right
to Information (Amendment) Act, 2019 (24 of 2019) had not come into force.]
1. Subs. by Act 24 of 2019, s. 2, for “for a term of five years from the date on which he enters upon his office” (w.e.f. 24-10-
2019).
2. Subs. by, s. 2, ibid., for sub-section (5) (w.e.f. 24-10-2019).
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(6) The Central Government shall provide the Chief Information Commissioner and the Information
Commissioners with such officers and employees as may be necessary for the efficient performance of
their functions under this Act, and the salaries and allowances payable to, and the terms and conditions of
service of the officers and other employees appointed for the purpose of this Act shall be such as may be
prescribed.
14. Removal of Chief Information Commissioner or Information Commissioner.—(1) Subject to
the provisions of sub-section (3), the Chief Information Commissioner or any Information Commissioner
shall be removed from his 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, as the case may be, ought on
such ground be removed.
(2) The President may suspend from office, and if deem necessary prohibit also from attending the
office during inquiry, the Chief Information Commissioner or Information Commissioner in respect of
whom a reference has been made to the Supreme Court under sub-section (1) until the President has
passed orders on receipt of the report of the Supreme Court on such reference.
(3) Notwithstanding anything contained in sub-section (1), the President may by order remove from
office the Chief Information Commissioner or any Information Commissioner if the Chief Information
Commissioner or a Information Commissioner, as the case may be,—
(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 a Information Commissioner.
(4) If the Chief Information Commissioner or a Information Commissioner in any way, concerned or
interested in any contract or agreement made by or on behalf of the Government of India or participates 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, he shall, for the purposes
of sub-section (1), be deemed to be guilty of misbehaviour.