State Information Commission

About

The State Information Commission (SIC) is a statutory and independent body established under the Right to Information (RTI) Act, 2005 to ensure the effective implementation of the Act at the State level. It functions as a quasi-judicial body to hear and decide complaints and second appeals relating to access to information held by public authorities under the State Government, thereby promoting transparency and accountability in governance.

Background

• The Right to Information Act, 2005 provides for the establishment of both the Central Information Commission (CIC) and the State Information Commissions (SICs).
• The Act came into force on 12 October 2005.
• Every State Government is required to constitute a State Information Commission under the provisions of the Act.
• The Right to Information (Amendment) Act, 2019 empowered the respective Governments to prescribe the tenure, salaries, and service conditions of the State Chief Information Commissioner and State Information Commissioners.

Statutory Provisions

The State Information Commission is established under the Right to Information Act, 2005.

Composition of the SIC

• The State Information Commission consists of the State Chief Information Commissioner (SCIC) and not more than ten State Information Commissioners (SICs).
• The State Chief Information Commissioner and State Information Commissioners are appointed by the Governor of the State.
• They should be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media, administration, or governance.
• They shall not be Members of Parliament, Members of a State Legislature, hold any office of profit, be connected with any political party, or engage in any business or profession.
• The Commission functions independently while discharging its statutory responsibilities.

Appointment Committee

The State Chief Information Commissioner and State Information Commissioners are appointed by the Governor on the recommendation of a committee consisting of:

• Chief Minister – Chairperson
• Leader of the Opposition in the Legislative Assembly
• A Cabinet Minister nominated by the Chief Minister

Tenure

• The State Chief Information Commissioner and State Information Commissioners hold office for such term as may be prescribed by the State Government.
• They are eligible for reappointment in accordance with the provisions of the Act.
• They may resign by addressing their resignation to the Governor of the State.

Note: Prior to the RTI (Amendment) Act, 2019, the tenure was five years or until attaining the age of 65 years, whichever was earlier.

Conditions for Removal

• The Governor of the State may remove the State Chief Information Commissioner or a State Information Commissioner on the ground of proved misbehavior or incapacity, after an inquiry conducted by the Supreme Court.
• The Governor may suspend the concerned Commissioner during the pendency of the Supreme Court inquiry.
• The Governor may also remove a Commissioner if he is adjudged insolvent.
• A Commissioner may be removed if he engages in paid employment outside the duties of the office.
• Removal is also permitted if the Commissioner is declared to be of unsound mind by a competent court.
• A Commissioner may also be removed if convicted of an offence involving moral turpitude or acquires financial or other interests likely to prejudicially affect official functions.

Functions of the SIC

• Receives and inquires into complaints relating to denial of access to information under the RTI Act.
• Examines complaints regarding refusal to accept RTI applications or unreasonable delay in providing information.

• Hears second appeals against the decisions of State Public Information Officers (SPIOs) and First Appellate Authorities.
• Decides appeals relating to access to information under the RTI Act.
• Monitors the implementation of the RTI Act by State Public Authorities.

• Recommends measures to improve transparency, accountability, and record management.
• Advises State Public Authorities on the effective implementation of the RTI Act.

• Prepares and submits an Annual Report on the implementation of the RTI Act to the State Government.
• The State Government lays the report before the State Legislature.

Powers of the SIC

• While conducting an inquiry, the Commission enjoys the powers of a Civil Court.
• It may summon and enforce the attendance of witnesses and examine them on oath.
• It may require the discovery and inspection of documents.
• It may receive evidence on affidavits and requisition public records.
• It may order disclosure of information where permissible under the RTI Act.
• It may impose penalties on State Public Information Officers for violations of the RTI Act.

Penalty Provisions

• The Commission may impose a penalty of ₹250 per day, subject to a maximum of ₹25,000, on the State Public Information Officer for unjustified delay or refusal to provide information.
• It may also recommend disciplinary action against the concerned State Public Information Officer under the applicable service rules.

Limitations

• It cannot direct the State Government to frame or amend policies.
• It cannot compel the creation of information that does not exist.
• It cannot adjudicate contractual disputes or service matters unless related to access to information.
• It cannot inquire into matters outside the scope of the RTI Act.
• Delay in disposal of appeals due to vacancies and backlog affects its effectiveness.

Way Forward

• Fill vacancies promptly to improve efficiency.
• Strengthen digital infrastructure for faster disposal of appeals.
• Ensure proactive disclosure of information under Section 4 of the RTI Act.
• Enhance institutional autonomy and transparency.
• Conduct awareness programmes to promote effective use of the RTI Act.

FAQs

Q1. Under which Act is the State Information Commission established?
Ans: The Right to Information Act, 2005.

Q2. Who appoints the State Chief Information Commissioner and State Information Commissioners?
Ans: The Governor of the State.

Q3. What is the maximum number of State Information Commissioners?
Ans: Not more than 10.

Q4. Under which Section is the State Information Commission constituted?
Ans: Section 15 of the RTI Act, 2005.

Q5. What is the maximum penalty that the State Information Commission can impose on a State Public Information Officer?
Ans: ₹25,000.