Constitution of Central Information Commission
Commencement. Ss. 4(1), 5(1) (2), 12, 13, 15, 16, 24, 27, 28 (15-06-2005) and rest provisions on 120th day of its enactment.
Section 12 of the Right to Information Act, 2005 deals with constitution of Central Information Commission. 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. The Act was enacted on 15 Jun 2005.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
Section 12, The Right to Information Act, 2005 (Act 22 of 2005).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Namit Sharma v. Union of India
Court's Decision & Legal Precedent
DATE VERIFIED Judgement 2012-09-13 (order-3.pdf) via get_order_ai_analysis — index and body agree. CIC/SICs are quasi-judicial tribunals; s.12(5) 'knowledge and experience' read to require basic degree/experience in the named fields; commissions to sit in benches with a judicial member (preferably retired HC Judge / 20+ yrs lawyer) plus expert member; judicial appointments in consultation with CJI; Legislature directed to amend. (Later review diluted judicial-member mandate — still the primary SC teaching judgment on s.12 constitution/qualifications.)
On this section: s.12 Constitution of CIC — eligibility under s.12(5), bench composition and appointment process for Commissioners.
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Anjali Bhardwaj vs Union of India
Court's Decision & Legal Precedent
The Central Government and State Governments have a constitutional and statutory obligation to fill vacancies in Information Commissions in a timely manner through a transparent process, and the Supreme Court can issue mandamus directions to compel such appointments. The failure to maintain adequate strength of Information Commissioners violates the fundamental right to information under Article 19(1)(a) of the Constitution and frustrates the purpose of the Right to Information Act 2005. Information Commissions must be staffed adequately based on workload, and the appointment process must be transparent with public disclosure of selection criteria, shortlisted candidates, and deliberations. Persons of eminence from all fields mentioned in the RTI Act should be considered for appointment, not limited to government employees.
On this section: Constitution of Central Information Commission with Chief Information Commissioner and up to 10 Information Commissioners; the Court analyzed the eligibility criteria and appointment procedure
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… The terms of appointment in respect of newly appointed Chief Information Commissioner and Information Commissioners in Central Information Commissioner will be regulated as per the Right to Information Act. The procedure for selection of Information Commissioners is given in Section 12(3) of the Right to Information Act which has been followed for the newly appointed Chief Information Commissioner and Information Commissioners. Photocopy of the Section 12(3) of the Right to Information Act is enclosed. 3. The advertisement in respect of 4 Information Commissioners in Central Information …
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 12
What have the courts held on Section 12 of the Right to Information Act?
Namit Sharma v. Union of India (13 Sep 2012) is the leading judgment on this section among those set out below: s.12 Constitution of CIC — eligibility under s.12(5), bench composition and appointment process for Commissioners. Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2012 to 2019.
How do I find court cases under Section 12 of the Right to Information Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: RTI Act 12, section 12 RTI Act, section 12 of the Right to Information Act. People searching for it also type rti 12 1 c and rti 12 polk audio. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Namit Sharma v. Union of India (13 Sep 2012).
What should I read with Section 12 of the Right to Information Act, and has it changed?
3 other provisions in this corpus refer back to it. One instrument names it without being made under it, most recently RTI Rules, 2012 (2012).
When was Section 12 of the Right to Information Act enacted?
Section 12 of the Right to Information Act, cited as RTI Act 12, was enacted on 15 Jun 2005 as Act 22 of 2005. It is in force as at the date shown on this page.
Other sections of this Act
- 19. Appeal669 words
- 7. Disposal of request657 words
- 4. Obligations of public authorities643 words
- 2. Definitions618 words
- 13. Terms of office and conditions of service530 words
- 8. Exemption from disclosure of information520 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.