State Information Commissions (SICs): Role, Challenges and the Path Forward in India’s Transparency Framework

The State Information Commissions (SICs) are integral to India’s transparency framework, mirroring the Central Information Commission (CIC) at the state level. Established under Section 15 of the RTI Act, 2005, these autonomous bodies ensure transparency, accountability, and effective implementation of the RTI Act within their respective states. The SICs are empowered to handle complaints, conduct inquiries, and enforce compliance with the Act, thereby promoting an open and accountable government.

Overview of State Information Commissions in India

Establishment and Role and of the State Information Commission (SIC)

• Establishment of State Information Commissions: Similar to the Central Information Commission, the Right to Information (RTI) Act, 2005 also proposed such a commission at State level also. 
  • The State Information Commission (SIC) is an independent and autonomous body established under Section 15 of the RTI Act, 2005, at the State level in India. 
  • It comes under the State Government.
• Primary Role and Responsibilities: Their primary role is to ensure transparency, accountability, and the implementation of the RTI Act within the specific State. 
• Functioning Similar to Central Information Commission: The State Information Commission functions like the Central Information Commission but deals with matters related to the State Government and State-level Public Authorities.

Structure and Composition Of SIC

• Composition: The State Information Commission is composed of a State Chief Information Commissioner and a maximum of ten State Information Commissioners. 

• Appointment: Their appointment is made by the Governor, based on the recommendations of a committee headed by the Chief Minister, with the Leader of the Opposition in the Legislative Assembly and a State Cabinet Minister nominated by the Chief Minister.
• Qualification: Members of the State Information Commission should be individuals of high standing in public life, possessing extensive knowledge and experience in fields such as law, science, technology, social service, management, journalism, mass media, administration, and governance.
• Exclusion of MP’s and MLA’s: They must not hold the position of a Member of Parliament or a Member of the Legislature of any State or Union Territory. 
  • Additionally, they should not hold any other office for financial gain, be affiliated with any political party, or engage in any business or profession.

Terms of Service

• Term of Appointment: The State Chief Information Commissioner and a State Information Commissioner are appointed for three years or until they reach the age of 65, whichever comes first.
• Reappointment Restrictions: They are not eligible for reappointment after retirement or resignation. 
  • However, the Information Commissioner can be appointed as Chief Information Commissioner but he cannot hold office for more than a total of three years, including his term as Information Commissioner.
• Determination of Service Conditions: The salary, allowances, and other terms of service for the State Chief Information Commissioner and State Information Commissioners are determined by the Central Government.

Removal

The Governor has the authority to remove the State Chief Information Commissioner or any State Information Commissioner under the following circumstances:

• If the member is adjudged as insolvent
• If convicted of an offence which in the opinion of the Governor involves a moral question
• If gets engaged during his term of office in any paid employment outside the duties of his office; or
• If the member in the opinion of the Governor unfit to continue in office due to infirmity of mind or body; or
• Acquired such financial or other interest as is likely to prejudice his official functions.
• On the ground of proven misbehaviour or incapacity.
  • However, in such cases, the matter must be referred to the Supreme Court for an inquiry. If the Supreme Court, after the inquiry, supports the grounds for removal and advises accordingly, the Governor may proceed with the removal.

Powers and Functions of State Information Commission

The State Information Commission is vested with the following powers and functions:

• • The Commission is responsible for receiving and investigating complaints from individuals in the following situations:

• Absence of Public Information Officer:

• • • Those who are unable to submit information requests due to the absence of a Public Information Officer.

• Denied Information Requests: Individuals whose information requests have been denied.

• Lack of Response: Those who have not received responses within the specified time limits.

• Unreasonable Fees: Those who believe the fees charged for information are unreasonable.

• Incomplete or Misleading Information: Those who find the information provided to be incomplete, misleading, or false.

• Other Information-Related Issues: Any other matter related to obtaining information.

• • Authority to Initiate Inquiries (Suo-Moto Power): The Commission has the authority to initiate an inquiry into any matter if there are reasonable grounds to do so (suo-moto power).

• Powers of a Civil Court During Inquiries: During the course of an inquiry, the Commission possesses the powers akin to a civil court in the following aspects:

• • Summoning and compelling individuals to provide oral or written evidence under oath and produce documents or items.
  • Requesting the discovery and inspection of documents.
  • Accepting evidence on affidavit.
  • Requisitioning any public record from a court or office.
  • Issuing summonses for the examination of witnesses or documents.
  • Any other matter that may be specified.

• • Examination of Public Records: While investigating a complaint, the Commission is entitled to examine any record under the control of the public authority, and no such record may be withheld from its scrutiny on any grounds. 
    • In other words, all public records must be provided to the Commission for examination during the inquiry.
  • Exceptions to Disclosure: Except the information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security or interests of the State, relation with foreign State or lead to incitement of an offence and other such matters listed in Section 8 of RTI Act, 2005. 

• Enforcement of Decisions: The Commission is empowered to ensure the enforcement of its decisions by public authorities such as-

• • Providing access to information in a specific format.
  • Directing the appointment of a Public Information Officer in cases where none exists.
  • Publishing information or categories of information.
  • Implementing necessary changes in the practices related to record management, maintenance, and disposal.
  • Enhancing training for officials on the right to information.
  • Requesting an annual report from the public authority on compliance with this Act.
  • Mandating the public authority to provide compensation for any losses or harm suffered by the applicant.
  • Imposing penalties as per the provisions of this Act.
  • Rejecting the application when deemed necessary.

• Annual Report Submission: The Commission submits an annual report to the State Government, outlining the implementation of the provisions of this Act. 
  • The State Government subsequently presents this report to the State Legislature.
• Recommendations for Compliance: In cases where a public authority fails to adhere to the stipulations of this Act, the Commission may recommend steps to be taken by the authority to promote compliance.

Issues with the Central and State Information Commissions

• Delays and Pending Cases: On average, the Central Information Commission (CIC) takes 388 days, which is over a year, to resolve an appeal or complaint from the date it was initially filed with the commission. 
  • According to a report released by Satarka Nagrik Sangthan (SNS) in 2022, there are more than 3.2 lakh pending Right to Information (RTI) cases at both the Central and State Information Commissions (ICs).
• Lack of digitalization: There is a lack of digitisation of the information extraction process at the ICs. Only 11 information commissions out of 29 provide an e-filing facility for RTI applications or appeals, but only five are functional.  
• Lack of Penalties: According to a report, the Public Information Officer (PIO) faces minimal consequences for breaching the time limit of providing information. 
  • Penalties were imposed in only 2.2% of the cases that were addressed, despite prior analysis indicating a violation rate of approximately 59%, which should have triggered the initiation of penalty proceedings.
• Lack of Monitoring and Review mechanism: There are inadequate processes and records available with the Information Commission to provide information. 
  • A few States conduct reviews to understand issues leading to non-compliance by Public Authorities.
• Vacant Positions: Even though the court has issued repeated directives, there are still a number of unfilled positions within the Central Information Commission (CIC). 
  • The SNS report 2022 says two out of 29 information commissions across the country are completely defunct, four of them headless at the moment, and only 5% of the positions are occupied by women. In fact, there were multiple occasions when CIC remained headless for months.
• Transparency Deficiency: No information regarding the selection criteria and related processes has been officially documented or disclosed.
• Geographical spread of the Information Commissions: The majority of the Information Commissions are situated in the State Capitals, which results in appellants undergoing an additional cost to attend the hearings.

Way forward 

• • Support for Public Authorities: Providing support to Public Authorities for training, reskilling, e-training modules, generating awareness amongst citizens, etc.
  • Filling Vacancies in SIC and CIC: Filling the vacancies in all SIC and CIC to work efficiently in these organizations and clear application backlogs at a faster rate.
  • Encouraging Proactive Disclosure: Encourage Public Authorities to divulge on their own as much information in an easily accessible manner as a practice.
  • Curbing Frivolous RTI Applications: Curbing frivolous RTI applications such as asking for income and family details of public officials, etc., which form a lot of applications.

• Granting Constitutional Status to CIC: Grant CIC constitutional status on par with bodies like ECI and CAG.

Conclusion

Despite their crucial role, SICs face significant challenges, including delays, digitalization gaps, lack of penalties, and vacant positions, which hinder their effectiveness. 

• Addressing these issues through comprehensive reforms, such as filling vacancies, enhancing digital capabilities, and ensuring transparency in the selection process, can strengthen the SICs. 
• Promoting proactive disclosure by public authorities and curbing frivolous RTI applications will further enhance the efficiency and impact of the RTI framework.

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