Understanding the State Information Commission: Members and Appointment Process

1. The creation of the State Information Commission is facilitated by the Right to Information Act of 2005. This Act provides for the establishment of both the Central Information Commission and State Information Commissions.
2. All states, in accordance with this Act, have established their respective State Information Commissions, as notified in the Official Gazette.
3. The State Information Commission is an independent entity with significant powers. It primarily addresses complaints and decides on appeals made to it.
4. The jurisdiction of the Commission extends to offices, financial institutions, public sector undertakings, etc., that fall under the purview of the respective state government.
5. The Commission comprises a State Chief Information Commissioner and up to ten State Information Commissioners.
6. The appointment of these members is done by the Governor, based on the recommendations of a committee. This committee is chaired by the Chief Minister and includes the Leader of Opposition in the Legislative Assembly and a State Cabinet Minister nominated by the Chief Minister.
7. The members of the Commission are eminent personalities in public life with extensive knowledge and experience in various fields such as law, science and technology, social service, management, journalism, mass media, or administration and governance. They should not be a Member of Parliament or Member of the Legislature of any State or Union Territory. They should not hold any other office of profit or be connected with any political party or business.

Term of Office of SIC

1. The members of the Commission hold office until the age of 65 or for a term of 5 years. A member who has served as an Information Commissioner is eligible to be appointed as the State Chief Information Commissioner, but the total tenure, including both positions, cannot exceed 5 years.

Process of Removing the State Chief Information Commissioner from Office

1. The State Chief Information Commissioner or a State Information Commissioner can only be removed from his office by the Governor's order. This is based on proven misbehaviour or incapacity as established by the Supreme Court upon a reference made by the Governor.
2. The Governor can also suspend the State Chief Information Commissioner or a State Information Commissioner during the inquiry by the Supreme Court until the final orders are passed.
3. The Governor can remove the State Chief Information Commissioner or a State Information Commissioner, if the person is declared insolvent, engages in paid employment outside his office, has been convicted of an offence involving moral turpitude, is unfit to continue in office due to infirmity of mind or body, or has acquired financial or other interests that could prejudicially affect his functions as a Commissioner.

Quasi-Judicial Powers and Functions of the State Information Commission

The State Information Commission is endowed with several quasi-judicial powers and functions, which are as follows:

1. The Commission is responsible for receiving and inquiring into a complaint from any person.
2. The Commission can initiate an inquiry into any matter if there are reasonable grounds (suo-moto power).
3. The Commission has the powers of a civil court concerning civil matters during an inquiry.
4. The Commission can examine any record under the control of the public authority during an inquiry. No such record can be withheld from it on any grounds.
5. The Commission has the power to secure compliance with its decisions from the public authority.
6. The Commission submits an annual report to the State Government on the implementation of the provisions of the Right to Information Act. This report is then placed before the State Legislature.

The above details will be helpful for candidates preparing for UPSC 2023

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