Role of State Information Commission

The State Information Commission (SIC) was established under the provisions of the Right to Information Act (2005). It is a statutory body, thus, it is not a constitutional body.

The State Information Commission is constituted by all the State Governments in India through Gazette notification. SICs will have one State Chief Information Commissioner (SCIC) and not more than 10 State Information Commissioners (SIC) to be appointed by the Governor. The commissioners are appointed by the Governor 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 is nominated by the Chief Minister.

Oath of office will be administered by the Governor according to the form set out in the First Schedule.

The headquarters of the State Information Commission shall be at such place as the State Government may specify. Other offices may be established in different parts of the State with the approval of the State Government.

 The Commission will exercise its powers without being subjected to any other authority. The decisions of the Commission are final and binding.

Role of information commissions:

1. The Central Information Commission/State Information Commission must receive complaints from any person – 

a) If an individual has not been able to submit an information request because a PIO has not been appointed within the jurisdiction;

b) If that person has been refused information that was requested;

c) If that person has not received any response to his/her information request within the specified time limits;

d)  If he/she thinks the fees charged are unreasonable;

e) If he/she thinks the information given is incomplete false or misleading; and

f)  Any other matter relating to obtaining information under the RTI Act

2.  Power to order inquiry if there are reasonable grounds.

3. CIC/SCIC will have powers of the Civil Court such as –

a)  Summoning and enforcing attendance of persons, compelling them to give oral or written evidence on oath and to produce documents or things;

b) Requiring the discovery and inspection of documents;

c) Receiving evidence on affidavit;

d)  Requisitioning public records or copies from any court or office

e) Issuing summons for examination of witnesses or documents

f)  Any other matter which may be prescribed.

4. All records covered by this law (including those covered by exemptions) must be given to CIC/SCIC during inquiry for examination.

5. Power to secure compliance with its decisions from the Public Authority includes-

a) Providing access to information in a particular form;

b) Directing the public authority to appoint a PIO/APIO where none exists;

c) Publishing information or categories of data;

d) Making necessary changes to the practices relating to management, maintenance, and destruction of records;

e) Enhancing training provision for officials on RTI;

f) Seeking an annual report from the public authority on compliance with this law;

g) Require it to compensate for any loss or other detriment suffered by the applicant;

h) Impose penalties under this law; or

i) Reject the application. (S.18 and S.19)

The qualifications for appointment as SCIC/SIC shall be the same as that for Central Commissioners.

Annual Report: SCIC submits a yearly report to the State Government. The State Government places this report before the Legislative Assembly.

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