The State Information Commissions (SICs) are integral to India’s transparency framework, mirroring the Central Information Commission (CIC) at the state level. Established under Section 15 of the RTI Act, 2005, these autonomous bodies ensure transparency and accountability within their respective states.
Establishment and Role
- Statutory Body: An independent and autonomous body established under Section 15 of the RTI Act, 2005. It falls under the State Government ambit.
- Primary Role: Tasked with the effective implementation of the RTI Act and dealing with matters related to State Government and State-level Public Authorities.
Structure and Composition
The Commission is composed of a State Chief Information Commissioner and a maximum of ten State Information Commissioners.
- Appointment: Made by the Governor on the recommendations of a committee:
- Chief Minister (Chairperson)
- Leader of the Opposition in the Legislative Assembly
- State Cabinet Minister (nominated by the CM)
- Qualification: Individuals of high standing in public life with extensive knowledge in law, science, technology, journalism, administration, or governance.
- Exclusions: Must not be an MP/MLA, hold an office of profit, be affiliated with a political party, or carry on any business.
Terms of Service and Removal
Term: Appointed for three years or until the age of 65 years, whichever is earlier. They are not eligible for reappointment.
Removal Procedure:
The Governor has the authority to remove members for insolvency, moral turpitude conviction, paid employment, infirmity, or prejudicial interests. For proven misbehaviour or incapacity, the matter is referred to the Supreme Court for an inquiry before removal.
Powers and Functions of the SIC
- Duty to Inquire: Receive complaints regarding non-appointment of PIO, denial of requests, unreasonable fees, or misleading information.
- Suo-Moto Power: Authority to initiate an inquiry into any matter if reasonable grounds exist.
- Civil Court Powers: Summoning individuals, requiring document discovery, and accepting evidence on affidavit.
- Record Scrutiny: Entitled to examine any record under the public authority; no record can be withheld. Note: Exemptions under Section 8 (Sovereignty, Security, etc.) apply.
- Enforcement: Can mandate access to info, direct PIO appointments, implement record management changes, and award compensation for losses.
Issues and Challenges
- Delays: Over 3.2 lakh pending cases across ICs; CIC takes average 388 days to resolve appeals.
- Digitalization Gap: Only 11 out of 29 commissions provide e-filing; only five are functional.
- Lack of Penalties: Penalties imposed in only 2.2% of cases despite high violation rates.
- Vacancies: Two out of 29 commissions are defunct; many are headless for months. Only 5% of positions are held by women.
- Geographical Barrier: Located in state capitals, causing additional costs for appellants.
Way Forward
- Filling Vacancies: Immediate filling of positions in SIC and CIC to clear application backlogs.
- Digitalization: Support Public Authorities with training, reskilling, and functional e-training modules.
- Proactive Disclosure: Encourage authorities to divulge as much information as possible on their own.
- Constitutional Status: Grant CIC constitutional status on par with ECI and CAG to ensure absolute independence.
Conclusion
Despite their crucial role, SICs face significant challenges like delays and vacancies. Addressing these through filling vacancies, enhancing digital capabilities, and ensuring transparency in selection will strengthen the framework. Promoting proactive disclosure will further enhance the impact of the RTI Act.