Q1. Who appoints the State Chief Information Commissioner and the State Information Commissioners?
- President of India
- Chief Minister of the State
- Governor of the State
- Chief Justice of the High Court
Correct Option: 3. Governor of the State.
Explanation: The Governor appoints the State Chief Information Commissioner and the State Information Commissioners. However, the selection is based on the recommendation of a committee comprising the Chief Minister (Chairperson), Leader of Opposition in the State Legislative Assembly, and a Cabinet Minister nominated by the CM.
🌐 State Information Commission (SIC)
The State Information Commission is an independent statutory body constituted under the Right to Information Act, 2005. It is established in every state to ensure the enforcement of citizens’ right to information and ensure transparency and accountability in the public authorities under state jurisdiction.
🏛️ Constitution & Appointment
Established: By each State Government via notification in the Official Gazette.
Authority: Under Section 15 of the RTI Act, 2005.
Composition:
1 State Chief Information Commissioner (SCIC)
Up to 10 State Information Commissioners (SICs)
Appointment Process:
Appointed by the Governor based on recommendations from a committee consisting of:
-Chief Minister (Chairperson)
-Leader of the Opposition in the Legislative Assembly
-A Cabinet Minister nominated by the Chief Minister
Eligibility Criteria:
Eminent persons with experience in:
Law, science, social service, media, management, journalism, governance, etc.
Cannot be:
-MP/MLA
-Member of any political party
-Holding any office of profit
-Pursuing any business or profession
⏳ Tenure and Conditions of Service
-Tenure: As prescribed by the Central Government or until 65 years of age, whichever is earlier.
-Reappointment: Not eligible
-Service Conditions: Salary, allowances, and other conditions are decided by the Central Government (as per the 2019 Amendment).
Grounds for Removal by the Governor:
-Insolvency
-Conviction involving moral turpitude
-Engaging in paid employment
-Physical or mental unfitness
-Financial or other interest affecting official duties
-Proved misbehaviour or incapacity (requires Supreme Court inquiry and recommendation)
⚖️ Powers and Functions
-Quasi-Judicial Powers:
-Acts like a civil court during inquiries:
-Summon and enforce attendance
-Require documents and records
-Receive evidence on affidavits
-Inspect any public record
Key Functions:
-Hear and decide complaints and appeals related to:
-Delay or refusal in providing information
-Unreasonable fees
-Incomplete or misleading information
-Absence of Public Information Officers (PIOs)
-Initiate suo motu inquiries if reasonable grounds exist.
-Ensure compliance with the RTI Act:
-Direct appointment of PIOs
-Order disclosure of specific information
-Suggest reforms in record management
-Impose monetary penalties
-Award compensation for loss or harm
-Submit Annual Report to the State Government, which is laid before the State Legislature.
🛠️ RTI Amendment Act, 2019 – Key Changes
Feature: Before Amendment/ After Amendment
Tenure: Fixed at 5 years/ As prescribed by Central Govt
Salary: SCIC: Like Election Commissioner; SIC: Like Chief Secretary/ As prescribed by Central Govt
Pension Adjustments: Deductions for pension applicable/ Removed deduction provisions
📌 Significance of SIC
-Upholds democratic rights by facilitating access to public information
-Promotes transparency and accountability in state-level governance
-Empowers citizens to question public authorities and seek redress
Q2. What is the maximum number of State Information Commissioners that can be appointed in a State Information Commission?
- 5
- 8
- 9
- 10
Correct Option: 4. 10.
Explanation: According to the RTI Act, a State Information Commission can have one State Chief Information Commissioner and not more than 10 State Information Commissioners.
Q3. Which of the following is NOT a ground for the removal of a State Chief Information Commissioner?
- Insolvency
- Misbehaviour proved by Supreme Court
- Being a retired government employee
- Conviction for moral turpitude
Correct Option: 3. Being a retired government employee.
Explanation: Being a retired government employee is not a disqualification or ground for removal. However, insolvency, conviction involving moral turpitude, paid employment during tenure, or proven misbehaviour/infirmity are valid grounds for removal.
Q4. Which of the following powers does the State Information Commission NOT have?
- Power to imprison officials for not complying with its orders
- Power to examine any public record during inquiry
- Power to summon witnesses and documents
- Power to impose penalties for non-compliance
Correct Option: 1. Power to imprison officials for not complying with its orders.
Explanation: The Commission has powers similar to a civil court such as summoning witnesses and examining records, but it does not have judicial powers like imprisoning someone. It can, however, impose penalties and recommend disciplinary action.
Q5. What significant change was introduced by the RTI (Amendment) Act, 2019 regarding the tenure of State Information Commissioners?
- Fixed the tenure at 3 years
- Removed the age limit of 65 years
- Increased tenure from 5 to 7 years
- Made tenure as prescribed by the Central Government
Correct Option: 4. Made tenure as prescribed by the Central Government.
Explanation: Earlier, the tenure was fixed at 5 years. The RTI Amendment Act, 2019 changed this by stating that the tenure of the State Chief Information Commissioner and State Information Commissioners will now be determined by the Central Government, thus making it flexible and not fixed.