RTI Section 14: Removal of Chief Information Commissioner or Information Commissioner

Removal of Chief Information Commissioner or Information Commissioner

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) Subject to the provisions of sub-section (3), 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 ought on such ground be removed.

(2) The President may suspend from office, and if deemed necessary prohibit also from attending the office during inquiry, the Chief Information Commissioner or Information Commissioner in respect of whom a reference has been made to the Supreme Court under sub-section (1) until the President has passed orders on receipt of the report of the Supreme Court.

(3) Notwithstanding anything contained in sub-section (1), the President may by order remove from office the Chief Information Commissioner or any Information Commissioner if he—

(a) is adjudged an insolvent; or

(b) has been convicted of an offence which, in the opinion of the President, involves moral turpitude; or

(c) engages during his term of office in any paid employment outside the duties of his office; or

(d) is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body; or

(e) has acquired such financial or other interest as is likely to affect prejudicially his functions as Commissioner.

(4) If the Chief Information Commissioner or an Information Commissioner is in any way concerned or interested in any contract or agreement made by or on behalf of the Government of India or participates in the profit thereof, he shall, for the purposes of sub-section (1), be deemed to be guilty of misbehaviour.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

CIC Constitution Sec 12 Terms of Office Sec 13 State Commissioners Removal Sec 17

Legal Commentary & Landmark Judgments: Section 14

Section 14 establishes rigorous constitutional-level safeguards for the removal of the Chief Information Commissioner or Information Commissioners, mandating an inquiry and report by the Supreme Court on a presidential reference for proved misbehaviour or incapacity, alongside enumerated automatic disqualification grounds.

Presidential Reference to Supreme Court under Section 14(1): The CIC or an IC can be removed from office on grounds of proved misbehaviour or incapacity only by order of the President, after the Supreme Court, on a reference made by the President, has held an inquiry in accordance with its rules and reported that the Commissioner ought to be removed.
Power of Executive Suspension under Section 14(2): The President possesses the discretionary authority to suspend the CIC or IC against whom a reference has been made to the Supreme Court until the President has passed orders on receipt of the Supreme Court's inquiry report.
Summary Removal for Inherent Statutory Disqualifications: Under Section 14(3), the President may by direct order remove the CIC or IC without an SC reference if the Commissioner: (a) is adjudged an insolvent; (b) is convicted of an offence involving moral turpitude; (c) engages during term of office in paid employment outside duties; or (d) is, in the opinion of the President, unfit to continue by reason of infirmity of mind or body.
Statutory Misbehaviour Presumption under Section 14(4): A Commissioner is deemed guilty of misbehaviour if concerned or interested in any contract or agreement entered into by or on behalf of the Government of India, or participates in the profits thereof.

Key Landmark Precedents:

In re: Special Reference No. 1 of 1964 (AIR 1965 SC 745): Established that presidential references to the Supreme Court for judicial inquiry into the conduct of high statutory/constitutional functionaries require strict adherence to natural justice and proof beyond reasonable doubt of gross misconduct.
B.P. Singhal v. Union of India (2010) 6 SCC 331: The Constitution Bench held that where a statute provides a specific removal mechanism through judicial inquiry, the doctrine of pleasure is displaced, guaranteeing absolute insulation from executive caprice.
Union of India v. Namit Sharma (2013) 10 SCC 359: Reaffirmed that the stringent removal procedure under Section 14 elevates the status of the Information Commission, ensuring that Commissioners can decide adverse matters against Union ministries without fear of executive removal.

Courtroom Practice & Strategic Litigation Guidance:

Any collateral attack, writ of quo warranto, or private public interest litigation in a High Court seeking the removal of a sitting CIC or IC on allegations of bias, administrative delinquency, or improper orders is barred by the exclusive mechanism of Section 14. The sole constitutional remedy for misbehaviour is a formal petition addressed to the President of India requesting a reference to the Supreme Court under Section 14(1).