Set up of State Information Commission under RTI Act


Article

Set up of State Information Commission under RTI Act

 The Right to Information Act, 2005 provides that each State Government has to set up a State Information Commission to exercise the powers conferred on, and to perform the functions assigned to it. Section 2 (k) defines the State Information Commission as under:

     “State Information Commission” means the State Information Commission constituted             under sub-section (1) of section 15

The commission is to be headed by a State Chief Information Commissioner and consist of up to ten State Information Commissioners, which have been defined under Section 2 (l) as under:

    “State Chief Information Commissioner” and “State Information Commissioner” mean the         State Chief Information Commissioner and the State Information Commissioner appointed       under sub-section (3) of section 15.

Constitution Commission: The State Information Commission shall consist of a State Chief Information Commissioner and such number of State Information Commissioners, not exceeding ten, as may be deemed necessary. [Section 15(2)]

Most of the State governments have set up their State Information Commissions. Many of them are facing shortage of Information Commissioners which not only adversely affects its working but delays disposal of appeals.

Appointing Authority The State Chief Information Commissioner and the State Information Commissioners are to be appointed by the Governor on the recommendation of a committee consisting of –

    (i)        the Chief Minister, who shall be the Chairperson of the committee;

  (ii)        the Leader of Opposition in the Legislative Assembly; and

 (iii)        a Cabinet Minister to be nominated by the Chief Minister. [Section 15(3)]

Autonomy:  The State Information Commission enjoy full autonomy. The general superintendence, direction and management of the affairs of the State Information Commission vests in the State Chief Information Commissioner who is assisted by the State Information Commissioners. He may exercise all such powers and do all such acts and things, which may be exercised or done by the State Information Commission without being subjected to directions by any other authority under this Act. [Section 15(4)]

However, the rules relating to the procedure to be adopted by the Commission are to be framed by the respective state governments as per section 27 (e).

Qualifications of Information Commissioners: The State Chief Information Commissioner and the State Information Commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance. [Section 15(5)]

By and large it has become a monopoly for accommodating retired bureaucrats.

Disqualifications: The State Chief Information Commissioner or a State Information Commissioner shall not be a Member of Parliament or Member of the Legislature of any State or Union territory, as the case may be, or hold any other office of profit. They should not be connected with any political party or carrying on any business or pursing any profession. [Section 15(6)] 

Headquarters: The headquarters of the State Information Commission shall be at such place in the State as the State Government may specify. The State Information Commission may, with the previous approval of the State Government, establish offices at other places in the State. [Section 15(7)] 

Term of office: The term of office, salary etc. have been amended vide Notification dated 1st August, 2019. It provides: 

(a)    The State Chief Information Commissioner shall hold office "for such term as may be prescribed by the Central Government"* and shall not be eligible for reappointment. However no State Chief Information Commissioner shall hold office as such after he has attained the age of sixty-five years. [Section 16(1)] 

(b)   Every State Information Commissioner shall hold office "for such term as may be prescribed by the Central Government"* or till he attains the age of sixty-five years, whichever is earlier. He shall not be eligible for reappointment as such State Information Commissioner. [Section 16(2)]

* Amended vide Notification dated 1st August, 2019.           

Eligibility to become State Chief Information Commissioner: Every State Information Commissioner shall, on vacating his office, be eligible for appointment as the State Chief Information Commissioner. [Proviso to Section 16(2)]           

Term of Office:  In case the State Information Commissioner is appointed as the State Chief Information Commissioner, his term of office shall not be more than five years in aggregate both as the State Information Commissioner and the State Chief Information Commissioner. [Proviso to Section 16(2)] 

Oath of affirmation: The State Chief Information Commissioner or a State Information Commissioner, shall before he enters upon his office make and subscribe before the Governor or some other person appointed by him in that behalf, an oath or affirmation according to the form set out for the purpose in the First Schedule. [Section 16(3)] 

Resignation: The State Chief Information Commissioner or a State Information Commissioner may, at any time, by writing under his hand addressed to the Governor, resign from his office. [Section 16(4)] 

Salary and Allowances:  As per revised provision* the salaries and allowances payable to and other terms and conditions of service of the State Chief Information Commissioner and the State Information Commissioners shall be such as may be prescribed by the Central Government. However, the salaries, allowances and other conditions of service of the State Chief Information Commissioner or the State Information Commissioners shall not be varied to their disadvantage after their appointment. 

It further provides that the State Chief Information Commissioner and the State Information Commissioners appointed before the commencement of the Right to Information (Amendment) Act, 2019 shall continue to be governed by the provisions of this Act and the rules made thereunder as if the Right to Information (Amendment) Act, 2019 had not come into force. [Section 16(5)]

* Amended vide Notification dated 1st August, 2019. 

[Prior to amendment the State Chief Information Commissioner used to get salary and allowances equivalent to the Election Commissioner. Likewise, the State Information Commissioners used to get salary and allowances equivalent to the Chief Secretary.] 

Rulemaking power: As per revised section 27 (ca) the rule making powers about the term of office of the State Chief Information Commissioner and State Information Commissioners under sub-sections (1) and (2) of section 16 shall vest in the appropriate state government. 

Salaries, allowances and other terms and conditions of service: As per revised section 27 (cb) the rule making powers about the salaries, allowances and other terms and conditions of service of the State Chief Information Commissioner and the State Information Commissioners under sub-section (5) of section 16 shall vest in the appropriate state government. 

Staff for Commission: The State government shall provide the State Chief Information Commissioner and the State Information Commissioners with such officers and employees as may be necessary for the efficient performance of their functions under this Act, and the salaries and allowances payable to them and their terms and conditions shall be such as is prescribed. [Section 16(6)]

However the respective state governments as per section 27(d) shall frame the rules for the salaries and allowances payable to and the terms and conditions of service of the officers and other employees. 

Removal from office: The State Chief Information Commissioner or any State Information Commissioner shall be removed from his office only by order of the Governor on the ground of proved misbehaviors or incapacity. This can be done only after the Supreme Court, on a reference made to it by the Governor, has on inquiry, reported that the State Chief Information Commissioner or any State Information Commissioner, as the case may be, ought to be removed. [Section 17(1)] 

Suspension: The Governor can suspend any of these Commissioners from office. He can also prohibit them from attending the office during inquiry until the Governor has passed orders on receipt of the report of the Supreme Court. [Section 17(2)]

Removal on grounds of insolvency: The Governor may by order remove from office the State Chief Information Commissioner or any State Information Commissioner if the State Chief Information Commissioner or a State Information Commissioner: - 

(a)  is adjudged an insolvent; or

(b)  has been convicted of an offence which, in the opinion of the Governor, involves moral turpitude; or

(c)  engages during his term of office in any paid employment outside the duties of his office; or

(d)  is, in the opinion of the governor, unfit to continue in office by reason of infirmity of mind or body; or

(e)  has acquired such financial or other interest as is likely to affect prejudicially his functions as the State Chief Information Commissioner or a State Information Commissioner. [Section 17(3)]

Deemed misbehavior: The State Chief Information Commissioner or any State Information Commissioner shall be deemed to be guilty of misbehavior, if they are, in any way, concerned or interested in any contract or agreement made by or on behalf of the Government of the State or participates in any way in the profit thereof or in any benefit or emoluments arising there from otherwise than as a member and in common with the other members of an incorporated company. [Section 17(4)]



FAQs

Q.1.     Can an appellate file second appeal without going in for first appeal?

Ans.1. No.

Q.2.     Can second appeal be filed in the Central Information Commission against the order of a State PIO?

Ans. 2. No

Location: India

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