State Information Commission

The Right to Information Act, 2005 mandates the creation of a State Information Commission (SIC) in every state, mirroring the Central Information Commission at the national level. All states have constituted their SICs through Official Gazette Notifications.

The SIC is a high-powered, independent statutory body — not a constitutional one. It handles complaints and appeals arising from information requests directed at state government offices, public sector undertakings, financial institutions, and allied bodies under the state's jurisdiction.

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The Commission comprises:

• One State Chief Information Commissioner (SCIC)
• Up to ten State Information Commissioners (SICs)

The actual number of State Information Commissioners varies across states depending on the volume of work and state-specific decisions.

Appointment

All members are appointed by the Governor on the recommendation of a three-member committee consisting of:

1. The Chief Minister — as Chairperson
2. The Leader of Opposition in the Legislative Assembly
3. A State Cabinet Minister nominated by the Chief Minister

If no Leader of Opposition has been formally recognized, the leader of the single largest opposition group in the Legislative Assembly is treated as the Leader of Opposition for this purpose.

Eligibility Criteria

Appointees must be persons of eminence in public life with significant knowledge and experience in one or more of the following domains:

• Law
• Science and Technology
• Social Service
• Management
• Journalism or Mass Media
• Administration and Governance

Disqualifications

A person cannot be appointed if they:

• Are a Member of Parliament or Member of any State/UT Legislature
• Hold any other office of profit
• Are associated with any political party
• Are engaged in any business or profession

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• Service conditions cannot be varied to their disadvantage after appointment.

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The Governor holds the power of removal, but the grounds and procedures differ based on the nature of the cause.

Grounds for Direct Removal by Governor

The Governor may remove the SCIC or any SIC if the person:

• Has been adjudged insolvent
• Has been convicted of an offence involving moral turpitude (in the Governor's opinion)
• Has taken up paid employment outside official duties during the term
• Is unfit to continue due to physical or mental infirmity (in the Governor's opinion)
• Has acquired financial or other interest likely to prejudicially affect official functions

Removal on Ground of Proved Misbehaviour or Incapacity

For these more serious grounds, the Governor cannot act unilaterally. The procedure is:

1. Governor refers the matter to the Supreme Court for inquiry
2. If the Supreme Court upholds the cause of removal and advises removal, only then can the Governor act

What Constitutes Misbehaviour?

A commissioner is deemed guilty of misbehaviour if they are personally interested in — or benefit from — any contract or agreement made by the state government, unless such benefit arises as a shareholder of an incorporated company in common with other shareholders.

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1. Receiving and Inquiring into Complaints

The Commission is duty-bound to receive and investigate complaints from any person who:

• Could not submit an information request due to non-appointment of a Public Information Officer (PIO)
• Was refused information they had requested
• Did not receive a response within the prescribed time limit
• Believes the fees charged are unreasonable
• Believes the information provided is incomplete, misleading, or false
• Has any other grievance related to obtaining information

2. Suo Motu Inquiry

The Commission can initiate inquiry on its own motion (suo motu) if there are reasonable grounds to believe that a violation has occurred, without waiting for a formal complaint.

3. Civil Court Powers During Inquiry

While conducting an inquiry, the Commission exercises the powers of a civil court, including:

• Summoning persons and compelling oral or written evidence on oath
• Requiring discovery and inspection of documents
• Receiving evidence on affidavit
• Requisitioning public records from any court or office
• Issuing summons for examination of witnesses or documents

4. Access to All Public Records

During an inquiry, the Commission may examine any record in the custody of a public authority. No record can be withheld from the Commission on any grounds, including claims of confidentiality or sensitivity.

5. Enforcement Powers

The Commission can direct public authorities to:

• Provide information access in a specific format
• Appoint a PIO where none exists
• Publish information or categories of information proactively
• Improve practices related to management, maintenance, and destruction of records
• Enhance RTI training for their staff
• Submit annual compliance reports
• Compensate the applicant for loss or detriment suffered
• Impose penalties on the errant PIO
• Reject an application where warranted

Penalty provision: The Commission can impose a penalty of ₹250 per day on the PIO, up to a maximum of ₹25,000. It can also recommend disciplinary action against the official.

6. Annual Report

The Commission submits an annual report to the State Government on the implementation of the RTI Act. The State Government is required to place this report before the State Legislature.

7. Recommending Conformity

Where a public authority is not complying with the provisions of the RTI Act, the Commission may recommend corrective steps to bring the authority into conformity.

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• SIC vs CIC: SIC is the state-level body; the appointment authority is the Governor (not President), and the recommendation committee is headed by the Chief Minister (not Prime Minister).
• Salary benchmark differs: SCIC = Election Commissioner; SIC = Chief Secretary of state (not Election Commissioner).
• Removal route for misbehaviour: Requires Supreme Court inquiry before Governor can act — this is a safeguard for independence.
• Reappointment trap: A State Information Commissioner can become the SCIC, but the combined tenure cannot exceed 5 years across both roles.
• No record can be withheld from the Commission during inquiry — this is an absolute rule under the Act.
• The SIC is a statutory body, not a constitutional one — it derives its existence from the RTI Act, 2005, not from the Constitution.

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• Appointment committee composition and who heads it
• Tenure, age limit, and reappointment rules
• Salary benchmarks for SCIC vs SIC
• Grounds for removal and the Supreme Court referral requirement
• Suo motu powers
• Civil court powers during inquiry
• Penalty quantum (₹250/day, max ₹25,000)
• Annual report goes to State Government → placed before State Legislature
• Absolute access to public records during inquiry