1. Which of the following is/are true? 1) Central Information Commission has not more than 10 Information Commissioners. 2) State Information Commission has not more than 15 State Information Commissioners. (a) Only 1 (b) Only 2 (c) Both 1 and 2 (d) Neither 1 Nor 2   2. Which of the following is/are true? 1) State Information Commissioners hold office for a term of 5 years or until they attain the age of 62 years, whichever is earlier. 2) Chief Information Commissioner holds office for a term of 5 years or until he/she attains the age of 65 years, whichever is earlier. (a) Only 1 (b) Only 2 (c) Both 1 and 2 (d) Neither 1 Nor 2   3. Which of the following is/are true regarding powers and functions of Central and State Information Commission? 1) The Central Commission submits an annual report to the Union Government. 2) The Commission do not have suo-moto power of ordering inquiry. (a) Only 1 (b) Only 2 (c) Both 1 and 2 (d) Neither 1 Nor 2   4. Which of the following is/are true regarding functions of Central Vigilance Commission (CVC)? 1) Central Vigilance Commissioner is Chairperson of Committee which recommends appointment of Director of Enforcement. 2) CVC gives directions to the Delhi Special Police Establishment for discharging their responsibilities entrusted under the Delhi Special Police Establishment Act, 1946. (a) Only 1 (b) Only 2 (c) Both 1 and 2 (d) Neither 1 Nor 2   5. Which of the following is/are true regarding composition of Central Vigilance Commission? 1) The Central Commission submits an annual report to the Union Government. 2) The Commission does not have statutory status. (a) Only 1 (b) Only 2 (c) Both 1 and 2 (d) Neither 1 Nor 2 Answers

1. (a)

Central and State Information Commission -

• The Central Information Commission was established by the Central Government in 2005.
• The Central Information Commission and State Information Commissions were constituted under the provisions of the Right to Information Act (2005).
• The Central and State Information Commissions are high-powered, statutory, non-constitutional and independent bodies.
• They amongst other things look into the complaints made to it and decide the appeals.
• They admit complaints and appeals pertaining to institutions under the Central Government and the Union Territories (concerned State Government, in case of State Information Commissions).

Composition -

• The Central Commission consists of a Chief Information Commissioner and not more than ten Information Commissioners.
• For the State Commissions, it is a State Chief Information Commissioner and not more than ten State Information Commissioners.

They are appointed by the President (Governor, in case of State) on the recommendation of a committee consisting of -

1. Prime Minister as Chairperson (Chief Minister, in case of State).
2. The Leader of Opposition in the Lok Sabha (Legislative Assembly, in case of State).
3. Union Cabinet Minister nominated by the Prime Minister (State Cabinet Minister nominated by CM, in case of state).

• They should be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service etc.
• They should not be a Member of Parliament or Member of the Legislature of any State or Union Territory.
• They should not hold any other office of profit.
• They should not be connected with any political party.
• They should not carry on any business or pursuing any profession.

2. (b)

Tenure and Service Conditions - ·  The Chief Information Commissioner, the Information Commissioner, State Chief Information Commissioner, the State Information Commissioner hold office for a term of 5 years or until they attain the age of 65 years, whichever is earlier. ·  They are not eligible for reappointment but the Information Commissioners at the Central and State Level can be appointed as Chief Information Commissioner and State Chief Information Commissioner, respectively. ·  However, the total combined duration should not be more than 5 years for them. The President can remove the Chief Information Commissioner or any Information Commissioner and the Governor can remove the State Chief Information Commissioner or any State Information Commissioner from the office under the following circumstances - 1. if he is adjudged an insolvent; or 2. if he has been convicted of an offence which (in the opinion of the President (Governor, in case of state)) involves a moral turpitude; or 3. if he engages during his term of office in any paid employment outside the duties of his office; or 4. if he is (in the opinion of the President (Governor, in case of state)) unfit to continue in office due to infirmity of mind or body; or 5. if he has acquired such financial or other interest as is likely to affect prejudicially his official functions. ·  The President (Governor, in case of state) can also remove the Chief Information Commissioner or any Information Commissioner on the ground of proved misbehavior or incapacity. ·  But in such scenarios, the President (Governor, in case of state) has to refer the matter to the Supreme Court for an enquiry. ·  If the Supreme Court, after the enquiry, upholds the cause of removal and advises so, then the President (Governor, in case of state) can remove him. ·  The salary and other service conditions of the Chief Information Commissioner are similar to those of the Chief Election Commissioner. ·  The salary and other service conditions of the Information Commissioner are similar to those of an Election Commissioner. ·  The salary and other service conditions of the Chief Information Commissioner are similar to those of the Chief Election Commissioner. ·  The salary and other service conditions of the Information Commissioner are similar to those of an Election Commissioner. ·  The salary and other service conditions of the State Chief Information Commissioner are similar to those of the Election Commissioner. ·  The salary and other service conditions of the State Information Commissioner are similar to those of Chief Secretary of the State Government. ·  They cannot be varied to their disadvantage during service.

3. (a)

Powers and Functions –

• Receive and inquire into a complaint from any person -

1. who, due to non-appointment of a Public Information Officer, has not been able to submit an information request;
2. who has been refused requested information;
3. who thinks the charged fees are unreasonable;
4. who thinks information given is false, incomplete etc.;
5. who has not received response within specified time to his information request;
6. any other matter relating to obtaining information.

• The Commissions have suo-moto power to order inquiry into any matter if there are reasonable grounds.
• While inquiring, the Commissions have the powers of a civil court.
• The Commissions have the power to secure compliance of its decisions from the public authority.
• The Commission submits an annual report to the Union Government (State Government, in case of State) on the implementation of the provisions of this Act. 
• The Union Government (State Government, in case of state) places this report before each House of Parliament (State Legislature, in case of State).
• When a public authority does not conform to the provisions of this Act, the Commission may recommend measures to the authority, which ought to be taken for bringing in such conformity.

4. (c)

Functions of Central Vigilance Commission -

• Inquire or cause an inquiry or investigation on a reference made by the Union Government for corruption offence against Union Government Public Servant under the Prevention of Corruption Act, 1988.
• Exercise superintendence over the functioning of Delhi Special Police Establishment (it is a part of CBI) related to investigation of offences of corruption under the Prevention of Corruption Act, 1988.
• Give directions to the Delhi Special Police Establishment for discharging their responsibilities entrusted under the Delhi Special Police Establishment Act, 1946.
• Review the progress of investigations of corruption offences conducted by the Delhi Special Police Establishment.
• Advise Union Government and its authorities when asked.
• Exercise superintendence over the vigilance administration in the ministries of the Union Government or its authorities.
• Inquire into complaints received under the Public Interest Disclosure and Protection of Informers’ Resolution and recommend appropriate action.
• CVC is consulted by the Union Government while making rules and regulations governing the vigilance and disciplinary matters relating to the members of Central and All-India Services.
• The Central Vigilance Commissioner is Chairperson of the two Committees. Recommendations of these committees are considered by Union Government while appointing the Director of the Delhi Special Police Establishment (DSPE) and the Director of Enforcement. The committee also recommends appointment of high level officers in DSPE and Directorate of Enforcement.

5. (a)

Central Vigilance Commission -

• It is aimed at preventing corruption and was established by executive resolution of Union Government in 1964.
• Santhanam Committee on Prevention of Corruption (1962-64) recommended its formation.
• It was only recently in 2003 that a law was passed giving statutory status to CVC.
• This authorized the CVC as the ‘Designated Agency’ to receive written complaints for disclosure on any allegation of corruption or misuse of office and recommend appropriate action.

Composition of CVC -

• CVC has Central Vigilance Commissioner (Chairperson) and not more than two vigilance commissioners.
• Thus, it is a multi-member body.
• President appoints them on the recommendation of a three-member committee.

The committee consists of - (a) the Prime Minister, as its head; (b) the Union Minister of home affairs; and (c) the Leader of the Opposition in the Lok Sabha.

• They hold office for a term of 4 years or until they attain the age of 65 years, whichever is earlier.
• They are not eligible for further employment under the Central or a State Government once their tenure is over.

The Central Vigilance Commissioner or any vigilance commissioner can be removed by the President -

• (a) if he is adjudged an insolvent; or
• (b) if he has been convicted of an offence which (in the opinion of the Central Government) involves a moral turpitude; or
• (c) if he engages, during his term of office, in any paid employment outside the duties of his office; or
• (d) if he is (in the opinion of the President), unfit to continue in office by reason of infirmity of mind or body; or
• (e) if he has acquired such financial or other interest as is likely to affect prejudicially his official functions.

• • President can remove the Central Vigilance Commissioner or any vigilance commissioner for proved misbehavior or incapacity, but, in that scenario, he has to refer the matter to the Supreme Court for an enquiry. 

• • If the Supreme Court, on enquiry, finds the person guilty and advises the same, the president can remove the Chairman or a member. 

• • Central Vigilance Commissioner and Chairman of UPSC have similar salary, allowances etc. 

• • The vigilance commissioner and member of UPSC have similar salary, allowances etc. 

• Service conditions cannot be varied against the Central Vigilance Commissioner or any vigilance commissioner.