State Information Commission (SIC)

About

• The State Information Commission (SIC) is a statutory body in India, established under the provisions of the Right to Information Act (2005).
  • Thus, it isn’t a constitutional body.
• It features as the overseer for enforcing the RTI Act in the corporations of the concerned State Government.
• It looks into the complaints made to it and comes to a decision on the appeals concerning topics related to the RTI Act and bearing on the general public places of work under the concerned State Government.

Composition 

• The State Information Commission consists of a State Chief Information Commissioner (SCIC) and not more than 10 State Information Commissioners (SIC).
• They are appointed by the Governor on the advice of a Committee consisting of:
  • The Chief Minister because the Chairperson,
  • The Leader of the Opposition in the State Legislative Assembly, and
  • A State Cabinet Minister nominated by the Chief Minister.

Qualifications of SIC

• The State Chief Information Commissioner and State Information Commissioners have to be persons of eminence in public existence with extensive information and experience in:
  • Law,
  • Science and Technology,
  • Social service,
  • Management,
  • Journalism,
  • Mass media,
  • Administration and governance.
• They need to NOT be
  • A Member of Parliament or Member of the Legislature of any State or Union Territory.
  • Holding another office of profit
  • Connected with any political birthday party
  • Carrying on any business or pursuing any profession.

Tenure of Members of SIC

• The State Chief Information Commissioner and a State Information Commissioner shall hold office for such term as prescribed with the aid of the Central Government or till they acquire the age of 65 years, whichever is in advance.
• The State Chief Information Commissioner in addition to State Information Commissioner are not eligible for reappointment.
• The State Information Commissioner is eligible for appointment as State Chief Information Commissioner for a tenure such that the entire tenure inclusive of his/her term as Information Commissioner does not exceed five years.

Removal of SIC

• The Governor can get rid of the State Chief Information Commissioner or any State Information Commissioner from the office if he/she:
  • is adjudged bankrupt,
  • is convicted of an offense, which in the opinion of the Governor, involves ethical turpitude,
  • engages, during his term of office, in any paid employment outside the obligations of his office,
  • Is, in the opinion of the Governor, undeserving to keep in office because of illness of mind or body,
  • Has obtained such financial or different interest as is probable to affect prejudicially his respectable functions.
• In addition to the above occasions, the Governor also can eliminate the State Chief Information Commissioner or any State Information Commissioner on the grounds of proven misbehavior or disability.
  • However, in such cases, the Governor has to refer the problem to the Supreme Court for an enquiry.
• If the Supreme Court, after the enquiry, upholds the cause of removal and advises so, then the Governor can take away him.

Salary and Service Conditions of SIC

• The profits, allowances, and different service conditions of the State Chief Information Commissioner and a State Information Commissioner will be prescribed by the Central Government.
• Their income and provider situations can’t be varied to their downside in the course of the service.

Functions of SIC

• The Commission is needed to receive and inquire into a criticism from any character:
  • Who has not been able to provide an data request because of the non-appointment of a Public Information Officer,
  • Who has been refused data that was asked,
  • Who has not acquired a reaction to his records request in the special time limits,
  • Who thinks the costs charged are unreasonable,
  • Who thinks the statistics given is incomplete, deceptive, or fake, and
  • Any other be counted regarding acquiring information.
• The Commission submits an annual record to the State Government at the implementation of the provisions of this Act.
• The State Government places this document before the State Legislature.

Powers of SIC

• The Commission can suo-moto order an enquiry into any remember if there are affordable grounds.
• While inquiring, the Commission has the powers of a Civil Court in respect of the following matters:
  • summoning and enforcing the attendance of people and compelling them to present oral or written proof on oath and to supply documents or matters,
  • requiring the discovery and inspection of documents,
  • receiving proof on affidavit,
  • requisitioning any public record from any court or office,
  • issuing summons for examination of witnesses or files, and
  • every other count which may be prescribed.
• During the inquiry of a complaint, the Commission may also study any record that is under the control of the public authority and no such report can be withheld from it on any grounds.
• In other words, all public records must be received by the Commission in the course of inquiry for examination.

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