RAS Pre 2023, held on 1 October 2023. Question text as printed in RPSC's booklet; answer as per RPSC's final answer key.

Which of the following sections of the Right to Information Act is not related to the functions and powers of the Central Information Commission ?

Q: What is the answer to RAS Pre 2023 Q21?

(4). Correct — option (4), 12. The stem asks which section is not related to the functions and powers of the Central Information Commission. Sections 18, 19 and 25 each give the Commission work to do. Section 12 sets the Commission up. Section 12, "Constitution of Central Information Commission", is in Chapter III of the Right to Information Act, 2005. It provides for the notification constituting the Commission, its members, the committee that recommends appointments, and its headquarters at Delhi. Section 12(1) mentions powers only as those "conferred on" the Commission "under this Act". The powers themselves are set out elsewhere. Section 18 is in Chapter V, titled "Powers and functions of the Information Commissions, appeal and penalties". It makes inquiring into complaints the Commission's duty and gives it the powers of a civil court while doing so. Section 19, in the same Chapter, makes the Commission the second appellate authority. Section 25 requires it to prepare a report on the implementation of the Act after each year. Sections 18, 19 and 25 say what the Commission does; section 12 says how it is constituted.

(1)25
(2)19
(3)18
(4)12

Answer

(4)

Why

Correct — option (4), 12.

The stem asks which section is not related to the functions and powers of the Central Information Commission. Sections 18, 19 and 25 each give the Commission work to do. Section 12 sets the Commission up.

Section 12, "Constitution of Central Information Commission", is in Chapter III of the Right to Information Act, 2005. It provides for the notification constituting the Commission, its members, the committee that recommends appointments, and its headquarters at Delhi.

Section 12(1) mentions powers only as those "conferred on" the Commission "under this Act". The powers themselves are set out elsewhere.

Section 18 is in Chapter V, titled "Powers and functions of the Information Commissions, appeal and penalties". It makes inquiring into complaints the Commission's duty and gives it the powers of a civil court while doing so.

Section 19, in the same Chapter, makes the Commission the second appellate authority. Section 25 requires it to prepare a report on the implementation of the Act after each year.

Sections 18, 19 and 25 say what the Commission does; section 12 says how it is constituted.

Why the others are wrong

(1)
25 — Section 25, "Monitoring and reporting", is a duty of the Commission. After the end of each year it must prepare a report on the implementation of the Act and forward a copy to the appropriate Government.
Under section 25(5) the Commission can also recommend steps to a public authority whose practice does not conform with the Act.
(2)
19 — Section 19, "Appeal", makes the Commission the second appellate authority. A second appeal lies to it within ninety days (section 19(3)), and its decision is binding (section 19(7)).
Section 19(8) lets it require a public authority to take steps to comply with the Act, order compensation for the complainant, or impose penalties.
(3)
18 — Section 18 is the section named "Powers and functions of Information Commissions". The Commission must receive and inquire into complaints — for example, from a person refused access to information or given no response within the time limit.
While inquiring, it has the powers of a civil court under the Code of Civil Procedure, 1908, such as summoning persons and requiring documents to be produced.

Concept

The Right to Information Act, 2005 creates Information Commissions at two levels: the Central Information Commission in Chapter III and State Information Commissions in Chapter IV.

Chapter III treats the Central Commission as an institution: its constitution (section 12), term of office and conditions of service (section 13), and removal (section 14).

Chapter V, sections 18 to 20, is titled "Powers and functions of the Information Commissions, appeal and penalties". It covers complaints (section 18), appeals (section 19) and penalties on Public Information Officers (section 20).

Chapter VI adds monitoring. Section 25 requires each Commission to report on the implementation of the Act after the end of each year.

RPSC's syllabus names the "Central Information Commission" among the bodies under the Indian Political System, and the "State Information Commission" among the institutions of Rajasthan.

The Act uses one set of powers for both levels. Sections 18 and 19 speak of "the Central Information Commission or State Information Commission", so Rajasthan's State Information Commission works under the same provisions.

Setting-up provisions and power provisions sit in separate Chapters. Section 12 (Central) and section 15 (State) constitute the Commissions; Chapter V gives them their work.

Section 13 has changed since 2005. The Right to Information (Amendment) Act, 2019 replaced the fixed five-year term with "such term as may be prescribed by the Central Government".

Key facts

Section 12, RTI Act, 2005: the Central Information Commission consists of the Chief Information Commissioner and up to ten Information Commissioners.
Section 12(3): the President appoints on the recommendation of the Prime Minister, the Leader of Opposition in the Lok Sabha and a Union Cabinet Minister the Prime Minister nominates.
Section 18: the Commission receives and inquires into complaints, with the powers of a civil court under the Code of Civil Procedure, 1908.
Section 19(3): a second appeal lies to the Information Commission within ninety days; its decision is binding under section 19(7).
Section 25: the Commission prepares a report on the implementation of the Act after the end of each year.

The four sections in the options

Section 12 (Chapter III)→Constitutes the Commission: members, appointment committee, headquarters

Section 18 (Chapter V)→Complaints; powers of a civil court while inquiring

Section 19 (Chapter V)→Second appeal within 90 days; binding decisions

Section 25 (Chapter VI)→Monitoring and reporting on the Act's implementation

Right to Information Act, 2005.

Study next

Section 13 of the RTI Act and the 2019 amendment to terms of officeSection 20: penalties on Public Information OfficersSection 15: the State Information Commission, including Rajasthan'sSection 8: exemptions from disclosureSection 4: obligations of public authorities

Common traps

Being misled by the words in section 12(1). It constitutes the Commission to exercise powers "conferred on" it "under this Act"; its powers and functions are set out in later sections, such as sections 18 to 20 and 25.
Treating section 25 as mere paperwork outside the Commission's functions. Monitoring and reporting is a duty the Act places on the Commission.
Mixing up section 12 and section 15. Section 12 constitutes the Central Information Commission; section 15 does the same for a State Information Commission.

A question can give section numbers of the RTI Act and ask which one does not deal with a stated subject, as here.

A question can also ask who sits on the committee that recommends Information Commissioners, or the time limit for a second appeal.

Related PYQs

UnlockIAS will link similar questions from RAS Pre 2016 here once that paper is published on this site.

Practice

practice — not a real PYQ
Under section 19(3) of the Right to Information Act, 2005, a second appeal to the Central Information Commission lies within
- (a)30 days
- (b)45 days
- (c)90 days
- (d)120 days
Answer(3) — section 19(3) allows ninety days. 30 days (1) is the time for the first appeal to the senior officer under section 19(1). 45 days (2) is the outer limit for deciding a first appeal under section 19(6). 120 days (4) is not a limit in section 19.
practice — not a real PYQ
Which of the following is NOT a member of the committee that recommends the appointment of the Chief Information Commissioner under section 12(3) of the Right to Information Act, 2005?
- (a)The Prime Minister
- (b)The Leader of Opposition in the Lok Sabha
- (c)The Chief Justice of India
- (d)A Union Cabinet Minister nominated by the Prime Minister
Answer(3) — the Chief Justice of India is not on the committee. Section 12(3) names the Prime Minister (1) as Chairperson, the Leader of Opposition in the Lok Sabha (2), and a Union Cabinet Minister nominated by the Prime Minister (4).

The booklet also prints a fifth choice under this question: “(5) Question not attempted”. Options (1)–(4) above are the four answer options.