Competitive Exams: Political Science Study Material Central Information Commission

The Central Information Commission

  1. The Central Government shall 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

    1. The Chief Information Commissioner

    2. 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

    1. The Prime Minister, who shall be the Chairperson of the committee

    2. The Leader of Opposition in the Lok Sabha

    3. A Union Cabinet Minister to be nominated by the Prime Minister.

  4. 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.

Procedure established by law and the due process of law

  • The procedure established by law means the uses and practices as laid down in the statute or law.

  • Under this doctrine, the Court examines a law from the point of view of the Legislature's competence and sees whether the prescribed procedures have been followed by the Executive.

  • The Court cannot go behind the motive of the law and cannot declare it unconstitutional, unless the law is passed without procedure established by law.

  • Therefore, the Court relies more on the good sense of the Legislature and strength of the public opinion.

  • This doctrine protects individual only against the executive actions.

  • On the other hand, the phrase due process of law means that the court should examine the law, not only from the point of view of legislature's competence, but also from the broad view of the intention of the law.

  • Thus, it provides greater power to the court.

  • The Constitution of India provides for the procedure established by law.

  • But, the Supreme Court in the Maneka Gandhi case, in 1978, interpreted Art. 21 to include the phrase due process of law in it.

  • Thus, Art. 21 now protects an individual both against legislative and executive actions.