- Formation: The State Information Commission (SIC) is a statutory body in India, established under the provisions of the Right to Information Act (2005).
- Function: It functions as the overseer for implementing the RTI Act in the organizations of the concerned State Government.
- Composition of the State Information Commission (SIC)
- The State Information Commission consists of a State Chief Information Commissioner (SCIC) and not more than ten State Information Commissioners (SIC).
- The Governor appoints them on the recommendation of a Committee consisting of:
- The Chief Minister as the Chairperson,
- The Leader of the Opposition in the State Legislative Assembly, and
- A State Cabinet Minister nominated by the Chief Minister.
- Qualifications of SIC
- The State Chief Information Commissioner and State Information Commissioners 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 and governance.
- Should not be
- A Member of Parliament or Member of the Legislature of any State or Union Territory.
- Holding any other office of profit
- Connected with any political party
- Carrying on any business or pursuing any profession.
- Tenure: The State Chief Information Commissioner and a State Information Commissioner shall hold office for such term as prescribed by the Central Government or until they attain the age of 65 years, whichever is earlier.
- Reappointment –
- The State Chief Information Commissioner as well as State Information Commissioner are not eligible for reappointment.
- The State Information Commissioner is eligible for appointment as State Chief Information Commissioner for a tenure such that the total tenure including his/her term as Information Commissioner does not exceed five years.
- Removal
- The Governor can remove the State Chief Information Commissioner or any State Information Commissioner from the office if he/she:
- Is adjudged insolvent,
- Has been convicted of an offense, which in the opinion of the Governor, involves moral turpitude,
- Engages, during his term of office, in any paid employment outside the duties of his office,
- Is, in the opinion of the Governor, unfit to continue in office due to infirmity of mind or body,
- Has acquired such financial or other interest as is likely to affect prejudicially his official functions.
- In addition to the above circumstances, the Governor can also remove the State Chief Information Commissioner or any State Information Commissioner on the grounds of proved misbehavior or incapacity.
- However, in such cases, the Governor has to refer the matter to the Supreme Court for an enquiry.
- If the Supreme Court, after the enquiry, upholds the cause of removal and advises so, then the Governor can remove him.
- The Governor can remove the State Chief Information Commissioner or any State Information Commissioner from the office if he/she:
- Salary
- The salary, allowances, and other service conditions of the State Chief Information Commissioner and a State Information Commissioner shall be such as prescribed by the Central Government.
- Their salary and service conditions cannot be varied to their disadvantage during the service.
- Functions
- The Commission is required to receive and inquire into a complaint from any person:
- Who has not been able to submit an information request because of the non-appointment of a Public Information Officer,
- Who has been refused information that was requested,
- Who has not received a response to his information request within the specified time limits,
- Who thinks the fees charged are unreasonable,
- Who thinks the information given is incomplete, misleading, or false, and
- Any other matter relating to obtaining information.
- The Commission submits an annual report to the State Government on the implementation of the provisions of this Act.
- The State Government places this report before the State Legislature.
- The Commission is required to receive and inquire into a complaint from any person:
- Powers
- Adjudication: The SIC acts as an appellate body for RTI appeals. It inquires into complaints received from any person regarding information requested under the RTI Act.
- Suo Moto Powers: The Commission can initiate inquiries into any matter related to RTI implementation on its own accord if there are reasonable grounds.
- Quasi-Judicial Powers: During an inquiry, the SIC enjoys powers similar to a civil court. This allows them to summon witnesses, examine evidence, and compel the production of documents related to the RTI request.
- Access to Information: The SIC has the authority to examine any record under the control of a public authority during an RTI-related inquiry. No public authority can withhold any record from the Commission on any grounds.
- Enforcement: The SIC has the power to issue binding directions to public authorities to ensure compliance with the RTI Act’s provisions. This includes directing them to provide information or take corrective measures in case of violations.
- Reporting: The Commission submits an annual report to the State Government on the implementation of the RTI Act in the state. This report is then placed before the State Legislature, promoting transparency and accountability.