The constitution of the State Information Commission (SIC) is outlined in the

Right to Information (RTI) Act, 2005, specifically in Sections 15 to 17. Below are
the key details:
Constitution of the State Information Commission
1. Establishment
o Each state government is required to establish a State Information
Commission through a notification in the Official Gazette.
o The commission is responsible for exercising the powers and
performing the functions assigned under the RTI Act.
2. Composition
o The SIC consists of: a. The State Chief Information Commissioner
(SCIC). b. Up to ten State Information Commissioners (SICs) as
deemed necessary by the state government.
3. Appointment
o The Governor appoints the SCIC and the SICs based on the
recommendation of a committee.
o The committee comprises: a. The Chief Minister, who acts as the
Chairperson. b. The Leader of the Opposition in the Legislative
Assembly. c. A Cabinet Minister nominated by the Chief Minister.
4. Qualifications
o The SCIC and SICs must be individuals of eminence in public life
with wide knowledge and experience in fields such as law, science
and technology, social service, management, journalism, mass
media, or administration and governance.
o They must not be members of Parliament or any State Legislature,
nor hold any office of profit or be connected with any political party
or engage in any business or profession.
5. Tenure and Conditions of Service
o The SCIC and SICs hold office for a term prescribed by the central
government and are not eligible for reappointment.
o The tenure is capped at five years or until the age of 65, whichever
is earlier.
o Their salaries, allowances, and other conditions of service are
determined by the central government and cannot be altered to
their disadvantage after appointment.
6. Headquarters
o The headquarters of the SIC is notified by the state government in
the Official Gazette. The SIC can also establish offices at other
 places within the state with prior approval from the state
government.
7. Removal and Suspension
o The SCIC and SICs can be removed from office by the Governor on
grounds of proven misbehavior or incapacity, after an inquiry
conducted by the Supreme Court.
o They can also be removed for insolvency, conviction of an offense
involving moral turpitude, engaging in paid employment outside
their duties, or having financial interests that might affect their
duties.
o During an inquiry, the Governor can suspend the SCIC or SICs and
prohibit them from attending office.
The powers and functions of the State Information Officer (SIC) as outlined in the
RTI Act, 2005, encompass several key areas. Below is a detailed overview based
on the document provided:
Powers and Functions of the State Information Officer (SIC)
1. Power to Receive and Inquire into Complaints
The SIC is empowered to receive and investigate complaints from any person
under various circumstances, including:
1. Inability to submit a request due to the absence of an appointed officer.
2. Refusal of access to requested information.
3. Non-response to information requests within the specified time limit.
4. Requirement to pay an unreasonable fee.
5. Receiving incomplete, misleading, or false information.
6. Any other issues related to requesting or obtaining access to records
under the Act(SIC).
2. Appellate Jurisdiction of the Commission
The SIC has the authority to hear appeals against the decisions of State Public
Information Officers (SPIOs). This appellate jurisdiction ensures that the citizens
have a mechanism to challenge and review the decisions made by SPIOs
regarding their information requests(SIC).
3. Power to Impose Penalty
The SIC has the power to impose penalties on SPIOs who:
1. Refuse to receive an application for information.
2. Do not furnish the information within the specified time.
3. Provide incomplete, incorrect, misleading information.
4. Destroy information which was the subject of the request.
 5. Obstruct in any manner in furnishing the information(SIC).
4. Power of Monitoring and Reporting
The SIC is responsible for monitoring the compliance of public authorities with
the provisions of the RTI Act. This includes:
1. Compiling an annual report on the implementation of the Act.
2. Monitoring and reporting to the State Legislature about the state of RTI
implementation.
3. Making recommendations for the improvement and effective
implementation of the RTI Act(SIC).
4. Powers Similar to Civil Courts
While inquiring into any matter under the RTI Act, the SIC has powers equivalent
to those of a civil court. These include:
1. Summoning and enforcing the attendance of persons.
2. Requiring the discovery and inspection of documents.
3. Receiving evidence on affidavit.
4. Requisitioning any public record from any court or office.
5. Issuing summons for the examination of witnesses or documents(SIC).
These powers and functions are designed to ensure transparency, accountability,
and responsiveness from public authorities, thereby upholding the democratic
principles of the right to information.
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