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Right to Information Act, 2005

Section 15 of the RTI Act: Constitution of State Information Commission

Section 15 of the Right to Information Act, 2005 requires every State Government to establish a State Information Commission (SIC) by notification in the Official Gazette. It sets out the Commission's composition, appointment process, independence, qualifications, restrictions on officeholders and location of its headquarters.

In this articleEstablishment and compositionSelection and appointmentAutonomy and administrationQualifications and disqualificationsHeadquarters and officesRelated RTI provisions

Section 15(1): Constitution of the State Information Commission

Under Section 15(1), every State Government shall constitute, by a notification published in the Official Gazette, a body known as the [name of the State] Information Commission. The Commission exercises the powers and performs the functions assigned to it by the RTI Act. It is the statutory information commission for matters within its jurisdiction, including complaints and second appeals as provided under the Act.

Section 15(2): Composition and number of Commissioners

A State Information Commission consists of one State Chief Information Commissioner and such number of State Information Commissioners, not exceeding ten, as may be considered necessary. The statute specifies a ceiling, not a requirement that every State appoint ten Commissioners.

Section 15(3): Appointment and selection committee

The Governor appoints the State Chief Information Commissioner and State Information Commissioners on the recommendation of a committee comprising:

  1. The Chief Minister, who chairs the committee;
  2. The Leader of Opposition in the Legislative Assembly; and
  3. A Cabinet Minister nominated by the Chief Minister.

Statutory explanation: If a Leader of Opposition in the Legislative Assembly has not been formally recognised, the leader of the single largest group in opposition to the Government in that Assembly is deemed to be the Leader of Opposition for this purpose. The committee recommends appointments; the Governor makes them.

Section 15(4): Independent functioning and management

General superintendence, direction and management of the affairs of the State Information Commission vest in the State Chief Information Commissioner, assisted by the State Information Commissioners. The Commission may exercise its statutory powers and perform its functions autonomously, without being subject to directions from any other authority under the RTI Act. This protects independent handling of matters entrusted to it.

Section 15(5): Qualifications of Commissioners

Appointees must be persons of eminence in public life with wide knowledge and experience in one or more of these fields: law, science and technology, social service, management, journalism, mass media, administration or governance. Section 15(5) describes the qualifications for both the State Chief Information Commissioner and other State Information Commissioners.

Section 15(6): Incompatible offices and activities

A State Chief Information Commissioner or State Information Commissioner must not be a Member of Parliament or a member of a State or Union Territory Legislature. They must also not hold another office of profit, be connected with a political party, carry on any business, or pursue any profession. These restrictions are designed to avoid competing interests while holding the statutory office.

Section 15(7): Headquarters and other offices

The Commission's headquarters must be at the place within the State specified by the State Government through a notification in the Official Gazette. The Commission may establish offices at other locations within that State with the previous approval of the State Government.

Section 15 establishes the Commission but does not itself prescribe all service conditions or its case-handling procedure. Section 16 addresses the term of office and conditions of service of the State Chief Information Commissioner and State Information Commissioners, as amended by the Right to Information (Amendment) Act, 2019 and applicable rules. Section 17 governs removal from office.

Section 18 deals with complaints and inquiry powers, Section 19 with appeals, and Section 20 with penalties and disciplinary recommendations. State-level RTI applications ordinarily follow the relevant State's procedure and rules; the Central RTI Online portal is not a general portal for State public authorities.

Official legislation and information

For appointments, vacancies, office addresses and procedures in a particular State, refer to that State Information Commission's official notifications and website. The above explains the statutory framework rather than any individual State's current staffing.