Section 12 of Right to Information Act:

Section 12(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.

Section 12(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.

Section 12(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.

Section 12(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.

Section 12(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.

Section 12(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.

Section 12(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.

Explained:

Section 12 of the Right to Information Act, 2005 deals with the constitution, composition, appointment and administration of the Central Information Commission (CIC). The Commission plays an important role in promoting transparency, accountability and access to information held by public authorities under the central government.

Explanation of Section 12 of the RTI Act

Under Section 12(1), the Central Government must constitute the Central Information Commission through a notification published in the Official Gazette. This independent statutory body exercises the powers and performs the functions assigned to it under the RTI Act.

Section 12(2) provides that the Commission consists of a Chief Information Commissioner and up to ten Central Information Commissioners, depending on the requirements.

According to Section 12(3), the President appoints the Chief Information Commissioner and other Information Commissioners on the recommendation of a committee comprising the Prime Minister, the Leader of Opposition in the Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister.

Section 12(5) specifies that appointees must be persons of eminence in public life with wide knowledge and experience in fields such as law, science and technology, social service, management, journalism, mass media, administration and governance.

Section 12(6) establishes restrictions intended to protect the impartiality of the office. Commissioners cannot be Members of Parliament or State Legislatures, hold another office of profit, be connected with a political party, or carry on business or pursue a profession.

Under Section 12(7), the headquarters of the Central Information Commission is located in Delhi. With prior approval of the Central Government, the Commission may establish offices elsewhere in India.

Important Judgments on Section 12

1. Namit Sharma v. Union of India (2013)

The Supreme Court examined the qualifications and composition of Information Commissions. The judgment addressed the quasi-judicial nature of their functions and the need for suitable expertise. Its directions concerning mandatory judicial-member representation were subsequently modified in review proceedings.

2. Anjali Bhardwaj v. Union of India (2019)

The Supreme Court emphasised timely appointments, transparency in the selection process and adequate staffing of Information Commissions. The decision highlighted the importance of properly functioning commissions in protecting citizens’ right to information.

3. Central Information Commission v. Delhi Development Authority (2024)

The Supreme Court considered the scope of the Chief Information Commissioner’s administrative powers under Section 12(4), including the authority to constitute benches and regulate the Commission’s functioning.

Section 12 therefore establishes the institutional framework necessary for the effective implementation of the RTI Act and the protection of citizens’ right to information.