State Information Commission (SIC) 

Statutory Basis

• Established under the Right to Information (RTI) Act, 2005.
• Not a constitutional body.
• Functions to uphold the RTI Act within the jurisdiction of the State Government.
  

Composition

• State Chief Information Commissioner (SCIC) and up to 10 State Information Commissioners (SICs).
• Appointed by: Governor on the recommendation of a committee comprising:
  • Chief Minister (Chairperson),
  • Leader of Opposition in Legislative Assembly,
  • A nominated Cabinet Minister.
    

Qualifications

• Eminence in public life with wide knowledge/experience in:

• • • Law, Social Service, Media, Journalism, Governance, etc.

• Must not be:

• • MP/MLA, holding office of profit, engaged in business/profession, or affiliated with any political party.
    

Tenure & Conditions

• Term: As prescribed by Central Govt or till age of 65, whichever is earlier.
• Not eligible for reappointment.
• Salaries/service conditions decided by Central Govt (as per RTI Amendment Act, 2019).
• Cannot be varied to their disadvantage after appointment.
  

Removal Process

• • Grounds: Insolvency, conviction, infirmity, employment outside duties, financial interest, etc.

• For misbehavior/incapacity:

• • Inquiry by Supreme Court required upon reference from the Governor.
• Ensures independence via judicial scrutiny before removal.
  

Functions

• Inquire into complaints related to:

• • Denial/delay/refusal of RTI applications,
  • Unreasonable fees,
  • Incomplete/misleading information,
  • Absence of PIOs.
• Submits annual reports to State Government (laid before State Legislature).
  

Powers

• Suo motu inquiries.
• Powers of Civil Court:
  • Summon witnesses/documents, inspect records, requisition public documents.
• Can secure compliance by:
  • Ordering compensation,
  • Recommending changes in record management,
  • Imposing penalties,
  • Ensuring training & awareness within public authorities.
    

Issues

• Vacancies and Delay: Leads to backlogs, undermining effectiveness.
• Lack of transparency in appointments (often dominated by ex-bureaucrats).
• Inadequate awareness among citizens, especially marginalized.
• Poor record keeping and untrained PIOs.
• No time-bound disposal of second appeals.
  

Amendment Act, 2019 – Key Changes

• Tenure, salary, service conditions of SCIC and SICs decided by Central Government (earlier fixed at 5 years).
• Removed parity with Election Commissioners.
• Raises concern over erosion of autonomy.
  

Way Forward

• Ensure proactive disclosures under Section 4 of RTI Act.
• Fill vacancies urgently as per SC directions.
• Digitize records for faster access and transparency.
• Enhance public awareness, especially in rural/marginalized sections.
• Improve training of PIOs and record management systems.
• Protect RTI activists and promote a citizen-centric transparency culture.
  

Conclusion

The SIC plays a pivotal role in strengthening grassroots democracy and empowering citizens. However, its potential can only be realized through operational autonomy, timely appointments, proactive transparency measures, and protection of citizen activists.