Appointment to Chief Information Commissioner

The Chief Information Commissioner: An Appointment Overshadowed by Institutional Challenges

On December 16, 2025, Raj Kumar Goyal took the oath of office as the new Chief Information Commissioner (CIC), an appointment mandated by the Right to Information Act, 2005. However, this high-profile selection highlights more than just one individual's role — it casts a long shadow on the implications for India’s freedom of information regime. For one, this is the first time in nearly two years that the CIC post, critical to the Central Information Commission (CIC), has been filled. That vacancy begs questions around the government’s commitment to transparency.

The consequences of such delays in this statutory body’s leadership go beyond administrative inconvenience. The Central Information Commission is tasked with holding public authorities accountable by adjudicating appeals and complaints under the Right to Information (RTI) Act, a law celebrated as a cornerstone of participatory governance in India. Yet, the erosion of its autonomy and institution-building has become a persisting concern.

An Institution Compromised: Legal Framework and Operational Realities

The Central Information Commission, established under Section 12 of the RTI Act, is statutorily envisaged as a body robust enough to curb opacity in public institutions. Structured to comprise a Chief Information Commissioner and up to ten Information Commissioners (ICs), the CIC deals with RTI appeals spanning Central Public Authorities — from ministries to public sector undertakings.

Appointments are meant to uphold impartiality and expertise, with the criteria under Section 12(5) expressly demanding "persons of eminence in public life with wide knowledge and experience in areas like law, governance, media, and administration." However, the method of selection itself — dominated by a committee where the Prime Minister serves as chairperson, alongside the Leader of the Opposition (LoP) and a Minister nominated by the PM — has long invited criticism. The absence of an institutional firewall to prevent political interference risks skewing decisions in favour of the prevailing government, undermining the CIC’s credibility.

Even more troubling than procedural concerns, however, is the chronic shortfall in staffing. By the end of 2024, the Commission was barely functional — operating with just four Information Commissioners, far below its sanctioned strength. With case backlogs in tens of thousands (approximately 40,000 pending matters as of October 2025), these vacancies erode ordinary citizens' access to timely information.

Between Form and Function: A Performance Disconnect

This celebratory rhetoric around Goyal’s credentials belies the deteriorating state of transparency enforcement in India. Despite elevated expectations, recent years have witnessed efforts to amend legislation and weaken the CIC. For instance, the contentious amendments brought to the RTI Act in 2019 handed the Central Government the authority to determine tenure, salary, and allowances of the CIC and ICs, chipping away at the statutory guarantees of independence. The term for the CIC was reduced statutorily to three years, from what was previously five — a change that reduces the incumbents' ability to build institutional memory.

More importantly, broad systemic obstacles hamper effective functioning. Consider this: the Commission's decisions have no enforcement authority beyond recommendations, leaving it dependent on public authorities’ goodwill to comply. Between 2018 and 2022, compliance rates with CIC directives reportedly dropped below 50%, suggesting that the Commission’s writ does not extend as far as it should. This lack of teeth undermines the RTI ecosystem.

International Case Study: The Mexican Contrapunto

For contrast, consider Mexico's National Institute for Transparency, Access to Information and Personal Data Protection (INAI). Designed as an autonomous constitutional body with a greater degree of independence from political interference, INAI serves as a model for how transparency institutions can function. INAI’s commissioners are appointed through a more consultative parliamentary process, fostering public trust in their selections. More critically, the INAI has enforceable powers and mechanisms to fine non-compliant public institutions, enhancing accountability. India’s CIC, on the other hand, occupies a far more vulnerable position, not just to government control but also vis-à-vis the level of enforcement authority it can wield.

Structural Tensions: A Crisis Beyond Leadership

While the appointment of the CIC is a superficial resolution, deeper challenges persist. For one, the Centre versus State tensions over RTI compliance represent a structural roadblock. State Information Commissions often function in silos, with varying levels of efficiency and commitment. Without a cohesive framework to improve coordination between Central and State bodies, the larger aim of seamless information flow across jurisdictions remains unmet.

Additionally, the systemic pushback against the RTI framework itself signals a crisis of confidence. According to government data, the rejection rate for RTI applications at the Central level has climbed steadily, with over 40% of RTIs rejected on exemptions in 2023, often citing vague reasons such as "national security" or "internal discussions." Meanwhile, activists and whistleblowers pursuing RTI cases report increasing hostility, with 86 reported attacks or murders of RTI users between 2020 and 2024. Quite clearly, the larger social and institutional climate around transparency is brittle.

A Forward-Looking Roadmap: Metrics for Success

What would a robust CIC look like in practice? For one, filling all sanctioned posts to ensure timely adjudication would be non-negotiable. The creation of a tracking mechanism to enforce compliance with CIC directives — akin to INAI's penalty system — must be pursued. Second, the RTI ecosystem needs a transparency monitoring index published annually, to measure and compare compliance at both Central and State levels. This may add peer pressure as a soft enforcement tool.

Yet, success cannot be measured in administrative reforms alone. It will also depend on cultural shifts — particularly within the bureaucracy — to treat disclosure as a right, not a concession. Goyal’s leadership will ultimately be judged not by the volume of cases disposed of but by how effectively RTI principles stand reinforced in governance norms.

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