8.2. Tenure and Removal

Earlier, the members of CIC used to hold office for a term of five years or until they attained the age of sixty-five years, whichever was earlier. But the RTI Amendment Act, 2019 has removed

this provision and it states that the Central government will notify the term of office for the CIC and the ICs (at both Central and state level).

They are not eligible for reappointment.

The President can remove any member from office under the following circumstances:

♤ If he is adjudged insolvent; or

♤ If he has been convicted of an offence which (in the opinion of the Central Government) involves a moral turpitude; or

♤ If he engages, during his term of office, in any paid employment outside the duties of his office; or

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

♤ If he has acquired such financial or other interest as is likely to affect prejudicially his official functions.

In addition, the President can remove any member on the grounds of proved misbehaviour or incapacity. However, in this case, the President has to refer the matter to the Supreme Court for an enquiry. If, after the enquiry, Supreme Court upholds the cause of removal and advises so, the President can remove him. He is deemed to be guilty of misbehaviour if:

♤ He is concerned or interested in any contract or agreement made by the Central Government, or

♤ He participates in any way in the profit of such contract or agreement or in any benefit or emolument arising there from otherwise than as a member and in common with the other members of an incorporated company.