State Information Commission (SIC)
(The State-level Guardian of the Right to Information)
Introduction
Just as the Central Information Commission works for RTI matters concerning the Central Government, every State has its own State Information Commission to ensure transparency in the functioning of state-level public authorities.
The SIC is a high-powered, independent statutory body created under the Right to Information Act, 2005.
Establishment
- The RTI Act mandates the creation of a State Information Commission in every state.
- Today, all states have constituted their SICs.
The Commission handles complaints and appeals related to:
- State Government departments
- State PSUs
- State financial institutions
- Local bodies
- Universities, Boards, and any authority under state control
Composition of the Commission
The SIC consists of:
- 1 State Chief Information Commissioner (SCIC)
- Up to 10 State Information Commissioners (SICs)
Appointment
They are appointed by the Governor, based on recommendations from a three-member committee:
- Chief Minister – Chairperson
- Leader of Opposition in the Legislative Assembly
- State Cabinet Minister nominated by the CM
This structure mirrors the appointment process of the CIC at the Central level.
Qualifications
Members must be persons of eminence with knowledge and experience in:
- Law
- Science & Technology
- Social service
- Management
- Journalism
- Mass media
- Administration & governance
Restrictions
A Commissioner cannot:
- Be an MP or MLA
- Hold any office of profit
- Be connected with any political party
- Run any business or profession
This ensures neutrality and independence.
Tenure and Service Conditions
After the RTI (Amendment) Act, 2019:
- Tenure is as prescribed by the Central Government,
- But cannot exceed the age of 65 years.
- No reappointment is allowed.
Removal
The Governor can remove the SCIC or SIC under the following conditions:
- Insolvency
- Conviction involving moral turpitude
- Taking paid employment during tenure
- Physical/mental infirmity
- Financial or other conflict of interest affecting official duties
For “Proved Misbehaviour or Incapacity”
- The Governor must refer the matter to the Supreme Court.
- If the Court upholds the charges, removal can take place.
Salary Protection
- Salary, allowances, and service conditions are prescribed by the Central Government
- And cannot be changed to their disadvantage during service.
Powers and Functions of the State Information Commission
The SIC performs functions almost identical to the Central Commission—but within the jurisdiction of the State.
A. Handling Complaints
The SIC must receive and inquire into complaints from any person:
- When no Public Information Officer (PIO) is appointed
- When information is refused
- When PIO does not respond within time
- When fees are unreasonable
- When information provided is false, incomplete, or misleading
- Any difficulty in obtaining information
B. Suo Motu Powers
If the SIC believes there is a valid ground, it can start an inquiry on its own.
C. Civil Court Powers
During an inquiry, the SIC has powers equivalent to a civil court:
- Summoning witnesses
- Enforcing attendance
- Taking evidence under oath
- Demanding documents
- Requisitioning public records
- Issuing summons for witnesses/documents
- Any additional powers prescribed
These powers give legal force to the Commission’s actions.
D. Access to Public Records
No public authority can deny the SIC access to any record.
➡ All records must be produced before the Commission during inquiry.
E. Ensuring Compliance
The SIC can direct public authorities to:
- Provide information in a specific form
- Appoint a PIO
- Publish information proactively
- Improve record management
- Provide RTI training for officials
- Submit compliance reports
- Compensate the applicant for loss
- Pay penalties under the RTI Act
- Reject non-deserving applications
This makes the Commission an effective enforcement body.
F. Annual Report
- The SIC submits an annual report to the State Government.
- The State Government places it before the State Legislature.
G. Recommend Reforms
If a public authority fails to follow RTI provisions, the SIC may recommend measures for improving compliance.
RTI (Amendment) Act, 2019 — Key Provisions
This amendment significantly changed the framework of RTI authorities.
Let’s understand the important changes:
1. Tenure Determined by Central Government
Earlier: 5-year fixed tenure
Now: Tenure is as prescribed by Central Government, up to the age of 65 years.
2. Salary & Service Conditions Prescribed by Central Government
Earlier:
- CIC salary = CEC
- IC salary = EC
- SCIC salary = Election Commissioner
- SIC salary = Chief Secretary
After amendment:
- All salaries and service conditions are determined by Central Government.
3. State-Level Commissioners Also Covered
Tenure and salaries of SCIC and SICs are now also decided by Central Government, not by respective States.
4. Removal of Salary Deductions
Earlier, salaries were reduced if the Commissioner drew pension/benefits from previous government service.
Now:
- Such deductions are removed.
In Summary
The State Information Commission is the watchdog of transparency at the State level. With civil court powers, suo motu authority, and strong compliance mechanisms, the SIC ensures that citizens can exercise their Right to Information effectively.
The 2019 amendment centralized the tenure and salary framework—creating uniformity but also leading to debates on federalism and independence of Information Commissions.
Comparative Table: CIC vs SIC (Under the RTI Act, 2005)
| Feature | Central Information Commission (CIC) | State Information Commission (SIC) |
|---|---|---|
| Level of Operation | Central Government level | State Government level |
| Statutory Basis | RTI Act, 2005 | RTI Act, 2005 |
| Establishment | Constituted by Central Government in 2005 | Mandatory for every State to constitute |
| Jurisdiction | Central Ministries, Central PSUs, Central Financial Institutions, Union Territories | State Departments, State PSUs, State Financial Institutions, Local Bodies, Universities, Boards |
| Composition | 1 Chief Information Commissioner + up to 10 Information Commissioners | 1 State Chief Information Commissioner + up to 10 State Information Commissioners |
| Appointing Authority | President of India | Governor of the State |
| Selection Committee | PM (Chair), LoP in Lok Sabha, Union Minister nominated by PM | CM (Chair), LoP in Legislative Assembly, State Minister nominated by CM |
| Qualifications (General) | Eminence in law, science & tech, social service, management, journalism, mass media, administration & governance | Same qualifications as CIC |
| Restrictions | Cannot be MP/MLA, hold office of profit, be connected with political party, or engage in business/profession | Same restrictions as CIC |
| Tenure (Post-2019) | Determined by Central Government; max age 65; no reappointment | Determined by Central Government; max age 65; no reappointment |
| Removal Authority | President | Governor |
| Removal Grounds (Ordinary) | Insolvency, moral turpitude conviction, paid employment, infirmity, conflict of interest | Same grounds as CIC |
| Removal for Misbehaviour/Incapacity | President refers case to Supreme Court; removal after SC recommendation | Governor refers case to Supreme Court; removal after SC recommendation |
| Salary & Service Conditions | Prescribed by Central Government (after 2019 amendment) | Prescribed by Central Government (after 2019 amendment) |
| Powers & Functions | Complaints, second appeals, civil court powers, access to records, penalties, compensation, compliance monitoring | Same functions within State jurisdiction |
| Suo Motu Inquiry Power | Yes | Yes |
| Reporting | Annual report submitted to Central Government → laid before Parliament | Annual report submitted to State Government → laid before State Legislature |
| Role | Apex RTI authority for Central-level transparency | Apex RTI authority for State-level transparency |