Historical CIC (Central Information Commission) orders — complete guide to landmark decisions:
Step 1: What is the CIC? (a) the Central Information Commission (CIC) is the apex body for RTI implementation (at the central level — established under Section 12 of the RTI Act, 2005 — it hears second appeals and complaints — against central government public authorities), (b) the CIC is headed by the Chief Information Commissioner (and up to 10 Information Commissioners — who are appointed by the President — on the recommendation of a committee — the PM, the Leader of Opposition, and a Cabinet Minister), © the CIC has the power to: (i) order disclosure of information (under Section 19(8)(a)), (ii) impose penalties on PIOs (Rs 250 per day — up to Rs 25,000 — under Section 20(1)), (iii) recommend disciplinary action (against PIOs — under Section 20(2)), (iv) order compensation (to the appellant — under Section 19(8)(b)), (d) the CIC's orders are binding (but can be challenged in the High Court — under Article 226 — or the Supreme Court — under Article 32).
Step 2: Landmark CIC orders. (a) CIC/SM/A/2006/00018 (Navleen Kumar vs. RBI — 2006): the CIC held that RBI must disclose the list of loan defaulters (the RBI had refused — citing Section 8(1)(d) — commercial confidence — but the CIC held that the public interest in disclosure outweighs the commercial interest — and ordered disclosure), (b) CIC/AT/A/2007/01029 (Arun Agrawal vs. PMO — 2007): the CIC held that the PMO must disclose the file notings on the appointment of the Central Vigilance Commissioner (the PMO had refused — but the CIC held that file notings are covered under RTI — and ordered disclosure — this was later upheld by the Supreme Court in CBSE vs. Aditya Bandopadhyay), © CIC/SM/A/2011/001236 (Subhash Chandra Agrawal vs. Supreme Court — 2011): the CIC held that the Supreme Court's office is a public authority under RTI (and the CJI's office is covered — the CIC ordered the Supreme Court to disclose the assets and liabilities of judges — this was challenged — and the Delhi High Court upheld the CIC's order — and the Supreme Court eventually agreed to disclose judges' assets), (d) CIC/AD/A/2012/000324 (Anil Bairwal vs. Political Parties — 2012): the CIC held that six national political parties are public authorities under RTI (INC, BJP, BSP, NCP, CPI, CPM — as they are substantially financed by the government — and ordered them to appoint PIOs — the political parties refused — and the order has not been implemented — but it remains a landmark ruling).
Step 3: Orders on file notings. (a) the CIC has consistently held that file notings are covered under RTI (in multiple orders — starting from 2006 — the CIC held that file notings are records — under Section 2(f) — and are not exempt — unless they fall under Section 8), (b) the CIC's position was upheld by the Supreme Court (in CBSE vs. Aditya Bandopadhyay, 2011 — and in Wajahat Habibullah vs. CIC, 2009 — the courts held that file notings are disclosable — with severability under Section 10), © the CIC has ordered disclosure of: (i) file notings on appointments (CVC, CIC, CJI — as in the Arun Agrawal case), (ii) file notings on policy decisions (e.g., the file notings on demonetisation — and on the PM-CARES fund — where the CIC ordered disclosure — or partial disclosure — with severability), (iii) file notings on investigations (e.g., the file notings on the CBI investigation — where the CIC ordered disclosure — after the investigation was complete).
Step 4: Orders on Section 4(1)(b) compliance. (a) the CIC has issued multiple orders directing public authorities to comply with Section 4(1)(b) (the suo moto disclosure — 17 categories — which most public authorities have not complied with), (b) in CIC/SM/A/2008/00748 (Shekhar Singh vs. PMO — 2008): the CIC held that the PMO must publish all 17 categories of Section 4(1)(b) — and update them annually — and directed the PMO to comply within 30 days, © the CIC has issued show-cause notices to defaulting public authorities (for non-compliance with Section 4 — and has imposed penalties on PIOs — for not maintaining the records — and not publishing the suo moto disclosure), (d) the CIC has also issued guidelines (on Section 4(1)(b) compliance — in 2008 and 2015 — directing all public authorities to publish the 17 categories — in a user-friendly format — on their websites).
Step 5: Orders on political parties. (a) in CIC/AD/A/2012/000324 (Anil Bairwal vs. Political Parties — 2012): the CIC held that six national political parties are public authorities (INC, BJP, BSP, NCP, CPI, CPM — because: (i) they are substantially financed by the government (free air time on Doordarshan, free land for offices, tax exemption under Section 13A), (ii) they perform a public function (contesting elections — and forming the government), (iii) the RTI Act defines “public authority” broadly — under Section 2(h)(d)(i) — “substantially financed by the government”), (b) the CIC ordered the parties to: (i) appoint PIOs (within 6 weeks), (ii) comply with Section 4(1)(b) (publish the 17 categories — within 6 weeks), (iii) respond to RTI applications (as per the Act), © the political parties refused (none of the six parties appointed PIOs — or complied with the order — and the government did not enforce it — the order remains unimplemented — but it is a landmark — and is cited in subsequent cases — and in the ongoing debate on political parties under RTI).
Step 6: Orders on private bodies. (a) the CIC has held that private bodies performing public functions are covered under RTI (under Section 2(h)(d)(i) — if they are substantially financed by the government), (b) examples: (i) private schools on government land (the CIC has held that private schools on government land — at concessional rates — are substantially financed — and are public authorities — and must appoint PIOs), (ii) private hospitals receiving government subsidies (the CIC has held that private hospitals — receiving government subsidies — or land at concessional rates — are public authorities — for the purpose of RTI), (iii) PPP projects (the CIC has held that public-private partnership projects — are public authorities — as they are substantially financed by the government), © the CIC's orders on private bodies have been challenged (in the High Courts — with mixed results — some courts have upheld — and some have struck down — the issue is not fully settled — but the CIC's orders are important precedents).
Step 7: How to use CIC orders. (a) cite the relevant CIC order (in your RTI application — or first appeal — or second appeal — cite the specific order — with the number and date — to support your request), (b) in the first appeal: if the PIO rejects — cite the CIC order (which held that the information is disclosable — and argue that the PIO's rejection is contrary to the CIC's order), © in the second appeal: if the FAA upholds the rejection — cite the CIC order (and demand that the CIC follow its own precedent — and order disclosure), (d) in the High Court: if the CIC does not order disclosure — cite the CIC's earlier orders (and the Supreme Court judgments — to argue that the CIC's order is inconsistent with its own precedent — and with the RTI Act), (e) the CIC's orders are available on the CIC website (cic.gov.in — search by order number — or by the appellant's name — or by the public authority — and download the full text), (f) Example: A citizen filed RTI with a private school — asking for the admission criteria — the school refused — the citizen cited the CIC's order (that private schools on government land are public authorities) — in the first appeal — and the second appeal — the CIC followed its precedent — and ordered the school to disclose the admission criteria.