Section 12 — Constitution of the CIC
Quick Reply: §12 creates the Central Information Commission — a Chief Information Commissioner plus up to ten Information Commissioners, appointed by the President on a three-member committee's recommendation: the Prime Minister (chair), the Leader of Opposition in the Lok Sabha, and a Union Cabinet Minister nominated by the PM. The CIC's autonomous superintendence power (§12(4)) and the eligibility bars (§12(5)–(6)) are set out below.
In one line: Section 12 creates the Central Information Commission (CIC) — one Chief Information Commissioner and up to ten Information Commissioners, appointed by the President on recommendation of a Committee comprising the Prime Minister (Chair), Leader of Opposition, and a Union Cabinet Minister nominated by the PM.
Key points
- 12(1) — Commission constituted.
- 12(2) — One Chief + up to 10 Information Commissioners.
- 12(3) — Appointment by the President on recommendation of the three-member Committee.
- 12(5) — Eminence in public life, knowledge of law/science/management/journalism/mass media/admin/governance/social service.
- 12(6) — Shall not be a Member of Parliament, State Legislature, or hold any office of profit.
Legislative history
No amendments to Section 12 itself. Tenure and service conditions moved to rules by RTI (Amendment) Act, 2019.
Rulings and references
- Anjali Bhardwaj v. Union of India, WP (C) No. 436 of 2019 (15 February 2019) — the Supreme Court directed timely filling of Information Commission vacancies and pendency reduction; enforcement of those directions has continued in later hearings. Full text.
- Namit Sharma v. Union of India (2013) and its review (3 September 2013) — on the appointment process and qualifications of Information Commissioners; see our case page and the review page.
- The earlier “(2020) 11 SCC 345” line was unverifiable and has been removed — the real Anjali Bhardwaj decision is the 2019 vacancies ruling cited above.
Practical note
The CIC's composition affects appeal outcomes. A fully-staffed Commission (10+1) clears appeals faster; vacancies cause backlogs. After a long run of vacancies, Raj Kumar Goyal was appointed Chief Information Commissioner with a batch of new Information Commissioners, constituting the Commission at full strength — current composition at the CIC's official profile page.
Call to action
For drafting RTIs or appeals engaging this section, use the First RTI template or the First Appeal template. See How to fill an RTI application for structural help.
Related
FAQs
Why does the CIC often run short of members?
Sanctioned strength is one Chief plus ten ICs, but posts fall vacant between appointment rounds — the backlog problem the Supreme Court addressed in Anjali Bhardwaj (2019).
What if no Leader of Opposition is recognised?
The Explanation to §12(3) deems the leader of the single largest opposition group in the Lok Sabha to be the LoP for this committee.
Does the CIC take orders from the Government?
No — §12(4) vests superintendence in the Chief Information Commissioner and bars direction by any other authority under the Act; independence is structural.
Sources
- Right to Information Act, 2005, Section 12 (verbatim text on the Act page).
- Department of Personnel and Training, Guide on the RTI Act, 2005.
Last reviewed on: 27 August 2026. Template description rebuilt; the fabricated “(2020) 11 SCC 345” citation removed and replaced with the verified WP 436/2019 decision; the “first in 9 years” claim softened to the verified full-strength appointment; FAQ added.