State Information Commission – Indian Polity Notes

Freedom of Speech and Expression enshrined in Article 19(1)(a) forms most fundamental freedom. It includes right to receipt of information, without correct information individual is unable to make key decision. 

Since, the fundamental idea of our democracy lies in, “In democracy, people are real sovereign”. Citizen have right to question government, hold them accountable not only when elections are announced but whenever they feels to do.

To provide for this right to citizenry, ‘Right to Information Act 2005’ was enacted and Central Information Commission and State Information Commissions were established as statutory bodies.

Jurisdiction:

Its jurisdiction extends upon all State Government employees and other public authority. This term is defined under section 2(h) of RTI Act.

• Term public authority includes bodies of self government established under constitution or under any law or by government notification.
• It includes departments of state government, public sector undertakings under control of state.
• It also includes any public entities owned, controlled or substantially financed and Non Governmental Organization (NGO) substantially financed directly or indirectly by funds provided by Government.

Composition:

Under Section 15(2), State Information Commission comprises of Chief Information Commissioner and 10 Information Commissioners.

They hold office for tenure as prescribed by the Government, they are not eligible for reappointment. (Section 16)

Strength of State Information Commission varies across the state. E.g. In Chhattisgarh, SIC is comprised of State Chief Information Commission and 3 other Information Commissioners.

Appointment: 

Section 15 of RTI Act 2005

Members of State Information Commission are appointed by the Governor on recommendation of committee comprising Chief Minister, Leader of Opposition in Legislative Assembly, State Cabinet Minister nominated by the Chief Minister.

Qualifications:

Under Section15(5) & (6):

• They should be people 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.
• They should not be a member of parliament or member of legislature of any state or union territory.
• They should not hold any office of profit.
• They should not be connected with any political party or carrying any business or pursuing any profession.

Powers and Functions:

1. The State Information Commission has a duty to receive complaints form any person:

• Who has not been able to submit an information request because a PIO has not been appointed.
• Who has been refused information that was requested.
• Who has received no response to his/her Information request within specified time limits.
• Who thinks fees charged are unreasonable.
• Who thinks information given in incomplete or false or misleading.
• Any other matter relating to obtaining information under this law.

2. Power to order inquiry if there are reasonable grounds.
3. The commission has all powers of a civil court.
4. All records covered by this law must be given to the commission during inquiry for examination.
5. Power to secure compliance of its decisions from public authority includes:
   1. Power to access to information in a particular form.
   2. Directing the public authority to appoint a PIO/APIO where none exists.
   3. Publishing information or categories of information.
   4. Making necessary changes to the practices related to management, maintenance and destruction of records.
   5. Enhancing training provisions for officials on RTI.
   6. Seeking an annual report from public authority on compliance with this law.
   7. Requiring it to compensate for any loss or other detriment suffered by applicant.
   8. Imposing penalties under this law.
   9. Rejecting the application.
6. The commission submits it’s annual report to the State Government, which tables it in State Legislature.
7. When public authority does not confirm to the provisions of RTI Act, the commission many recommend to the authority steps which ought to be taken for promoting such conformity.

Removal:

Under section 17 of RTI Act , 2005, the Governor can remove any member of commission from office under following circumstances:

1. If he is adjudged insolvent.
2. If he has been convicted for an offense which involves moral turpitude.
3. If he engages into paid emolument during his term.
4. Is he is unfit to continue by reason of infirmity of mind or body.
5. If he has acquired such financial of other interests as is likely to affect prejudicially his official functions.

Apart from this the Governor can also remove any member on grounds of provided misbehaviour or incapacity. Buy in such cases, matter has to be referred to the Supreme Court for inquiry.  

Concerns:

1. Non Functional Information Commissions: Several state has delayed the appointment of information commissioners rendering commission defunct.
   1. As of November 2022, the state Information Commissions of Jharkhand, Meghalaya, Tripura have vacant state chief information commissioners post, rendering commission defunct.
2. Enormous delays in responding to RTI application. According to study undertaken by Satark Nagarik Sangathan in 2021, State Information Commissions take more than one year to dispose the applications.
   1. In states like Odisha, West Bengal, Punjab, Telangana, Goa estimated time taken is more than 4 years.
3. Huge Pendency: State Information Commission have huge pendency of application which even exceeds the number of applications filed at CIC.
   1. In states like Maharashtra, UP the pendency is more than 50,000+ (Oct 2021)
4. State interference, though almost important state authorities come under ambit of SIC but due to undue political interference by ruling party hampers working of commission.
5. The assessment found that ICs imposed penalty in an extremely small fraction of the cases in which penalty was imposable. In fact, commissions appear to be reluctant to even ask the PIOs to give their justification for not complying with the law.
6. Low Transparency: Out of 29 State Information Commissions 21 haven’t published theirs annual report. 

Recent Amendments and Changes:

1. It amended sections 13, 17, 27 of Right to Information Act 2005.
2. The original 2005 Act had provided security of tenure for SIC with 5 years / till 65 years of age. Whereas amended said term will be prescribed by the Central Government.
3. Salaries and conditions of service of SIC were equivalent to those of Election Commissioner. And other State ICs were equivalent to Chief Secretary to the State Government. The amendments had downgrade the equivalence.
4. Salaries will be determined by the Central Government.

Way Forward:

To strengthen the working of commission it is imperative that all vacancies shall be filled at earliest. Further, a mechanical shall be devised after considering all stakeholders, to reduced the time taken by commission to dispose the applications, it denies timely access to information.

To provide credibility to the commission, the selection criteria, tenure etc. shall be transparent.

To complete UPSC Polity Notes, Click Here

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