State Information Commission-
- The 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.
Composition-
- The Commission consists of a State Chief Information Commissioner and not more than ten State Information Commissioners.
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.
- A State Cabinet Minister nominated by the Chief Minister.
Eligibility and service conditions-
- A 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.
- She/he should not be a Member of Parliament or Member of the Legislature of any State or Union Territory.
- She/he should not hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.
Term of Office-
- The Chief Information Commissioner and an Information Commissioner shall hold office for such term as prescribed by the Central Government or until they attain the age of 65 years, whichever is earlier.
- She/he shall not be eligible for reappointment.
- Under RTI Rules, 2019 The CIC and ICs will hold office for a term of three years.
- The information commissioner is eligible for the post of state chief information commissioner.
Removal-
- The State Chief Information Commissioner or a State Information Commissioner shall be removed from his office only by order of the Governor on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference made to it by the Governor, has on inquiry, reported that the State Chief Information Commissioner or a State Information Commissioner, as the case may be, ought on such ground be removed.
Governor may by order remove from office the State Chief Information Commissioner or a State Information Commissioner if the SIC:
- Is adjudged an insolvent; or
- Engages during his term of office in any paid employment outside the duties of his office; or
- Has been convicted of an offence which, in the opinion of the Governor, involves moral turpitude; or
- Is, in the opinion of the Governor, unfit to continue in office by reason of infirmity of mind or body; or
- Has acquired such financial or other interest as is likely to affect prejudicially his functions as the State Chief Information Commissioner or a State Information Commissioner
What is Misbehavior ?
- If the State Chief Information Commissioner or a State Information Commissioner in any way, concerned or interested in any contract or agreement made by or on behalf of the Government of the State or participates in any way in the profit thereof or in any benefit or emoluments arising there from otherwise than as a member and in common with the other members of an incorporated company, he shall deemed to be guilty of misbehavior
Powers and Functions-
- Powers and Functions of State information commissioner is similar to that of Central chief information commissioner.