State Information Commission

Why in news?

• After four years of its set up, State Information Commission of Andhra Pradesh is still in its nascent state. The Commission had not released even a single annual report.

About State Information Commission:

• Right to Information Act of 2005 provides for the creation of not only the Central Information Commission but also a State Information Commission at the state level.
• The State Information Commission is a high-powered independent body which interalia looks into the complaints made to it and decide the appeals.
• It entertains complaints and appeals pertaining to offices, financial institutions, public sector undertakings, etc., under the concerned state government.

Composition:

• The Commission consists of a State Chief Information Commissioner and not more than ten State Information Commissioners.
• The number of State Information Commissioners varies from one state to another state.
• They are appointed by the Governor on the recommendation of a committee consisting of the Chief Minister as Chairperson, the Leader of Opposition in the Legislative Assembly and a State Cabinet Minister nominated by the Chief Minister
• They should be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.
• They should not be a Member of Parliament or Member of the Legislature of any State or Union Territory.
• They should not hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession

Tenure:

• Under the original Right to Information Act, the CIC and other ICs (appointed at the central and state level) will hold office for a term of five years.  But the Right to Information (Amendment) Act, 2019 removes this provision and states that the central government will notify the term of office for the CIC and the ICs.
• The Governor can remove the State Chief Information Commissioner or any State Information Commissioner from the office under the following circumstances:
  • (a) if he is adjudged an insolvent
  • (b) if he has been convicted of an offence which (in the opinion of the Governor) involves a moral turpitude
  • (c) if he engages during his term of office in any paid employment outside the duties of his office
  • (d) if he is (in the opinion of the Governor) unfit to continue in office due to infirmity of mind or body
  • (e) if he has acquired such financial or other interest as is likely to affect prejudicially his official functions.
• In addition to these, the Governor can also remove the State Chief Information Commissioner or any State Information Commissioner on the ground of proved misbehaviour or incapacity
• However, in these cases, the Governor has to refer the matter 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 remove him

Salaries and other terms and conditions of service

• According to the Right to Information (Amendment) Act, 2019 the salaries, allowances, and other terms and conditions of service of the central and state CIC and ICs will be determined by the central government.

Powers and Functions:

• It is the duty of the Commission to receive and inquire into a complaint from any person:
  • (a) who has not been able to submit an information request because of non-appointment of a Public Information Officer
  • (b) who has been refused information that was requested
  • (c) who has not received response to his information request within the specified time limits
  • (d) who thinks the fees charged are unreasonable; (e) who thinks information given is incomplete, misleading or false
  • (f) any other matter relating to obtaining information
• The Commission can order inquiry into any matter if there are reasonable grounds (suo-moto power).
• While inquiring, the Commission has the powers of a civil court in respect of summoning and enforcing attendance of persons and compelling them to give oral or written evidence on oath and to produce documents etc.
• During the inquiry of a complaint, the Commission may examine any record which is under the control of the public authority and no such record may be withheld from it on any grounds.
• The Commission submits an annual report to the State Government on the implementation of the provisions of this Act. The State Government places this report before the State Legislature.
• When a public authority does not conform to the provisions of this Act, the Commission may recommend (to the authority) steps which ought to be taken for promoting such conformity.
• The Commission can impose a penalty on the Public Information Officer at the rate of 250 per day up to a maximum of 25,000. It can also recommend for disciplinary action against the errant official.

PRACTICE QUESTION:

Consider the following statements:

1. Salaries, allowances, and other terms and conditions of service of State Chief Information Commissioner will be determined by the state government

2. State Information Commission can impose penalty on the Public Information Officer (PIO).

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer