State Information Commission — constitution, powers and functions (ss. 15–16) — Right to Information (RTI) Notes

State Information Commission — constitution, powers and functions (ss. 15–16)

RTI is a two-track railway. Ask a Central department, and your appeal ends at the Central Information Commission; ask a State department — a tahsildar, a municipal council, a State university — and it ends at the State Information Commission. The SIC is the CIC’s twin: same shape, same powers, but built for the States, and appointed by the Governor instead of the President.

The State-level twin of the CIC

Section 15 constitutes the State Information Commission and governs its composition and appointment; section 16 fixes the tenure and service conditions of its members. Everything you learned about the CIC applies here, with the appointing authorities shifted to the State plane.

A. Composition (s. 15(2))

Each SIC consists of:

one State Chief Information Commissioner; and
such number of State Information Commissioners, not exceeding ten (10), as may be deemed necessary.

B. Appointment (s. 15(3))

The members are appointed by the Governor on the recommendation of a three-member committee consisting of:

the Chief Minister, who chairs the committee;
the Leader of the Opposition in the Legislative Assembly; and
a Cabinet Minister nominated by the Chief Minister.

C. Qualifications, bars and tenure (ss. 15(5)–(6), 16)

The same eminence qualification (law, science and technology, social service, management, journalism, mass media, administration and governance) applies (s. 15(5)), and the same disqualifications — no MP/MLA, no office of profit, no connection with a political party, no business or profession (s. 15(6)). Tenure and service conditions under s. 16 mirror s. 13 (originally five years or age 65; now governed by the post-2019 rules).

D. Powers, functions and jurisdiction

The SIC exercises, over State public authorities, the same powers as the CIC over Central ones — it inquires into complaints (s. 18), decides second appeals (s. 19), imposes penalties (s. 20), and enjoys the powers of a civil court while inquiring. Its jurisdiction is the State: it handles departments, local bodies and authorities of that State. General superintendence of the SIC vests in the State Chief Information Commissioner (s. 15(4)).

Section 15(3), RTI Act, 2005: “The State Chief Information Commissioner and the State Information Commissioners shall 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.”

In Simple Terms: The SIC is the CIC for the States — a State Chief plus up to ten Commissioners, appointed by the Governor on the advice of a CM-led committee (again including the Leader of the Opposition). Same eminence rule, same bars, same powers of complaint, appeal and penalty — just applied to State public authorities.

🧩 WORKED EXAMPLE — the sitting-MLA appointment

Facts. A State Government appoints a sitting MLA as its State Chief Information Commissioner. Is the appointment valid?

Rule. s. 15(6): a State Information Commissioner shall not be a Member of a State Legislature (or of Parliament), nor hold any other office of profit, nor be connected with any political party.

Apply. Decoy: “an MLA is a public representative, so he is a fit choice.” But s. 15(6) expressly disqualifies a serving MLA. He would have to resign his Assembly seat (and cut his political-party connection) before he could hold the office.

Conclusion. The appointment of a sitting MLA is invalid; the disqualification in s. 15(6) bars it.

flowchart TD
    A["State Information Commission (s. 15)"]
    A --> B["Composition: 1 State Chief IC<br/>+ up to 10 State Information Commissioners"]
    A --> C["Appointment: by the Governor"]
    C --> D["Committee: CM (chair) · Leader of Opposition (Assembly) ·<br/>Cabinet Minister"]
    A --> E["Same eminence + same bars (no MLA/MP, office of profit, party, business)"]
    A --> F["Powers over STATE bodies: complaints (18), appeals (19), penalty (20)"]
    classDef box fill:#e8f0fe,stroke:#333,color:#111;
    class A,B,C,D,E,F box;

Case Laws

Namit Sharma v. Union of India (2012 / 2013) — the constitution and functioning of the Commissions (Central and State alike) were examined; both discharge quasi-judicial functions.
Anjali Bhardwaj v. Union of India (2019) — directions to fill vacancies apply equally to State Information Commissions, many of which had been left crippled by unfilled posts.

📄 Full notes + Question Bank (₹199) — every topic in depth, model answers to all past KSLU questions, in one printable PDF. Get the bundle · 10 Solved Problems · All Right to Information (RTI) topics