A quick guide on State Information Commission

The State Information Commission will be established by the state government by a notification published in the Gazette. State Chief Information Commissioner (SCIC) and no more than 10 State Information Commissioners (SIC), all of whom will be chosen by the Governor, will comprise the organization.

The Right to Information Act of 2005 establishes a State Information Commission at the state level, which is responsible for providing access to information.

The Background and the Goal

States in India are required to establish a State Information Commission in accordance with the Right to Information Act, 2005, which must be published in the official Gazette of the state in question.

The State Information Commission is being established to deal with the following issues:

•     There have been several appeals regarding the information given by various government entities under the Right to Information Act
•     Right to Information Act complaints on refusals to provide information or difficulties in filing a request for information
•     Complaints received under the Right to Information Act, 2005, and the state’s replies to those complaints shall be reported to the Commission on an annual basis by the various departments working in the state
•     Sometimes, the State Information Commission organizes public awareness programmes on how the Right to Information (RTI) Act, 2005 is being implemented efficiently by the general people

Appointment of Members to the State Information Commission

•     It is provided for under the Right to Information Act of 2005 that not only a Central Information Commission, but also a State Information Commission be established at the state level
•     As a result, all 50 states have established State Information Commissions, which were established by Official Gazette Notifications
•     The State Information Commission is a powerful independent organization that, among other things, investigates and decides on complaints that are brought to it by individuals.
•     It is responsible for hearing complaints and appeals pertaining to offices, financial institutions, public sector businesses, and other entities that fall within the jurisdiction of the concerned state government
•     The Commission is composed of a State Chief Information Commissioner and no more than ten State Information Commissioners in each jurisdiction
•     In addition to the Chief Minister serving as Chairperson, the Leader of the Opposition in the Legislative Assembly as well as a State Cabinet Minister selected by the Chief Minister make recommendations to the Governor for appointment
•     Those selected should be people of prominence in public life who have extensive knowledge and experience in law, science and technology, social service, management, journalism, mass media, administration, and governance, among other areas of expertise. Members of Parliament or members of the legislatures of any state or union territory should be barred from holding these positions. They should not hold any other position of profit, nor should they be affiliated with any political party, nor should they be engaged in any business

The State Information Commission is vested with certain powers and functions.

•     It is the commission’s responsibility to provide the state government with an annual report on the execution of the requirements of this act. The state government submits this report to the state legislature for consideration
•     If the commission believes there are reasonable grounds to do so, it can order an investigation into any topic
•     The commission has the jurisdiction to compel the public authority to comply with its decisions if it so chooses

The role of state information commissioner is

•  It is the commission’s responsibility to receive and investigate any complaint received from any person
• During the course of an investigation into a complaint, the commission may review any record that is in the possession of a public authority, and no such record may be kept from the commission for any reason

In the course of its investigation, the commission has the authority of a civil court in the following areas of concern:

• It is necessary to conduct discovery and inspection of documents
• The issuance of summonses for the examination of witnesses or documents, and the performance of any other act that may be mandated
• Persons are summoned and forced to appear in court, and they are compelled to provide oral or written testimony under oath as well as to produce papers or other items
• Receiving evidence in the form of an affidavit
• Obtaining any public record from a court or government office on a formal basis
• When a public authority fails to comply with the terms of this act, the commission may suggest actions that should be done to bring the authority into compliance with the provisions

Conclusion

The backlog of cases at these commissions is similar to the backlog at the Center for Constitutional Rights. Due to a shortage of personnel and a failure to fill open positions, a backlog of cases is growing.However, there are several exceptions, such as Mizoram, Sikkim, and Tripura, which do not have any backlogs of applications. Even if there are anomalies, the commission’s powers are confined to providing information merely and not taking any action against them.State Information Commissions, on the other hand, are playing an important role in maintaining transparency in public life. So they contribute to the fight against corruption, nepotism, tyranny, and the abuse of authority on a daily basis.