State Information Commissions

A State Information Commission is the statutory authority that hears complaints and second appeals relating to the right to information from state-level public authorities. It is constituted by the State Government under the Right to Information Act, 2005, but its members are appointed through a prescribed committee-based process.

Statutory establishment and composition

Under Section 15, every State Government must constitute the Commission through a notification in the Official Gazette. It consists of the State Chief Information Commissioner and up to ten State Information Commissioners, depending on the state's assessed need.

• The State Government specifies the Commission's headquarters and may establish additional offices elsewhere in the state with the State Chief Information Commissioner's approval.
• The State Chief Information Commissioner exercises general superintendence, direction and management, assisted by the State Information Commissioners.

Appointment process

The Governor appoints the members on the recommendation of a three-member committee, ensuring that appointments are not made by the executive government acting alone.

• The committee is chaired by the Chief Minister.
• Its other members are the Leader of Opposition in the Legislative Assembly and a Cabinet Minister nominated by the Chief Minister.
• If no Leader of Opposition is formally recognised, the leader of the largest opposition group in the Legislative Assembly is treated as such.

Qualifications and safeguards

Members must be persons of eminence in public life, with wide knowledge and experience in fields such as law, science and technology, social service, management, journalism, mass media, administration or governance.

• A member cannot be a Member of Parliament or a member of any State or Union Territory legislature.
• A member cannot hold an office of profit, be connected with a political party, carry on business or pursue a profession.
• These restrictions are intended to protect the Commission's impartiality and institutional independence.