Polity (State Information Commission)

The Right to Information Act (RTI) of 2005 mandates the formation of a Central and State Information Commission to uphold transparency.
The State Information Commission addresses complaints and appeals regarding information requests made to state government entities, public sector undertakings, financial institutions, etc.

Structure: Each commission has a State Chief Information Commissioner (SCIC) and up to ten State Information Commissioners.
Appointment: Appointed by the Governor on the recommendation of a committee including the Chief Minister, the Leader of Opposition (or leader of the largest opposition group if no Leader of Opposition exists), and a nominated Cabinet Minister.
Qualifications: Candidates must have extensive knowledge and experience in fields like law, science, technology, management, social service, journalism, mass media, or governance.
Restrictions: Members cannot hold any office of profit, belong to a political party, or engage in other professions.

Duration: The term is determined by the Central Government, with a maximum age limit of 65 years. Reappointment is not allowed.
Removal Conditions: The Governor may remove commissioners if they are insolvent, convicted of an offense involving moral turpitude, engage in paid employment outside their duties, suffer from mental or physical infirmity, or hold financial interests conflicting with their role.
Special Circumstances: For proven misconduct, the matter is referred to the Supreme Court, which can recommend removal.
Salary and Allowances: Determined by the Central Government and safeguarded from reduction during their tenure.

Handling Complaints: The Commission addresses complaints from individuals who:
- Cannot submit an information request due to the lack of a Public Information Officer (PIO).
- Are refused information.
- Receive no response within a set timeframe.
- Find the information incomplete, misleading, or false.
Suo-Moto Powers: The Commission can initiate inquiries independently.
Judicial Powers: Includes summoning witnesses, enforcing document production, examining affidavits, and issuing summons.
Access to Records: Has the right to review any public record during inquiries.
Enforcement: Can ensure compliance by:
- Directing the form of information access.
- Requiring the appointment of PIOs.
- Publishing information as needed.
- Modifying record-keeping practices.
- Imposing penalties on PIOs, among other actions.
Reporting: Submits an annual report to the State Government, which is presented to the Legislature.

Term Adjustments: Removed the fixed 5-year term, now allowing the Central Government to prescribe terms.
Salary Adjustments: Central Government prescribes salary and allowances; these no longer align with election officials’ salaries as prior to the amendment.
State Commissioners’ Tenure: Similar changes for State Information Commissioners, allowing Central Government-defined terms.
Pension Deductions Removed: The amendment removed provisions about salary deductions due to pension or retirement benefits from prior government service.