Section 15 RTI Act: Constitution of State Information Commission
Right to Information Act, 2005
Section 15 RTI Act at a Glance
Section 15 RTI Act requires every State Government to constitute a State Information Commission with a State Chief Information Commissioner and up to 10 State Information Commissioners. Section 15 RTI Act also sets rules on appointment, qualifications, disqualifications, autonomy, and office locations.
Section 15 RTI Act Bare Act Text
15. Constitution of State Information Commission.
(1) Every State Government shall, by notification in the Official Gazette, constitute a body to be known as the ......... (name of the State) Information Commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.
(2) The State Information Commission shall consist of—
(a) the State Chief Information Commissioner, and
(b) such number of State Information Commissioners, not exceeding ten, as may be deemed necessary.
(3) The State Chief Information Commissioner and the State Information Commissioners shall be appointed by the Governor on the recommendation of a committee consisting of—
(i) the Chief Minister, who shall be the Chairperson of the committee;
(ii) the Leader of Opposition in the Legislative Assembly; and
(iii) a Cabinet Minister to be nominated by the Chief Minister.
Explanation.—For the purposes of removal of doubts, it is hereby declared that where the Leader of Opposition in the Legislative Assembly has not been recognised as such, the Leader of the single largest group in opposition of the Government in the Legislative Assembly shall be deemed to be the Leader of Opposition.
(4) The general superintendence, direction and management of the affairs of the State Information Commission shall vest in the State Chief Information Commissioner who shall be assisted by the State Information Commissioners and may exercise all such powers and do all such acts and things which may be exercised or done by the State Information Commission autonomously without being subjected to directions by any other authority under this Act.
(5) The State Chief Information Commissioner and the State Information Commissioners shall 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.
(6) The State Chief Information Commissioner or a State Information Commissioner shall not be a Member of Parliament or Member of the Legislature of any State or Union territory, as the case may be, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.
(7) The headquarters of the State Information Commission shall be at such place in the State as the State Government may, by notification in the Official Gazette, specify and the State Information Commission may, with the previous approval of the State Government, establish offices at other places in the State.
Section 15 RTI Act in Simple Words
Section 15 RTI Act requires every State Government to set up a State Information Commission and lays down its composition, appointment process, qualifications, autonomy, and office locations. Under Section 15(1) RTI Act, every State Government must constitute this body by notification in the Official Gazette, named after the State followed by the words Information Commission, to exercise the powers conferred on it and perform the functions assigned to it under the RTI Act. Under Section 15(2) RTI Act, the State Information Commission consists of the State Chief Information Commissioner and as many State Information Commissioners, not exceeding 10, as may be considered necessary.
Under Section 15(3) RTI Act, the Governor appoints the State Chief Information Commissioner and the State Information Commissioners on the recommendation of a three-member committee. That committee consists of: (i) the Chief Minister, who serves as Chairperson of the committee; (ii) the Leader of Opposition in the Legislative Assembly; and (iii) a Cabinet Minister nominated by the Chief Minister. The Explanation to Section 15(3) RTI Act clarifies that where no Leader of Opposition in the Legislative Assembly has been recognised as such, the Leader of the single largest group in opposition to the Government in the Legislative Assembly is deemed to be the Leader of Opposition.
Under Section 15(4) RTI Act, the 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 State Chief Information Commissioner may exercise all powers and do all acts and things that the State Information Commission may exercise or do autonomously, without being subjected to directions from any other authority under the RTI Act.
Section 15(5) RTI Act sets the qualifications for appointment: the State Chief Information Commissioner and the State Information Commissioners must 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. Under Section 15(6) RTI Act, the State Chief Information Commissioner or a State Information Commissioner must not be a Member of Parliament or a Member of the Legislature of any State or Union territory, must not hold any other office of profit, must not be connected with any political party, and must not carry on any business or pursue any profession.
Under Section 15(7) RTI Act, the headquarters of the State Information Commission must be at the place in the State that the State Government specifies by notification in the Official Gazette. The State Information Commission may also establish offices at other places in the State, with the previous approval of the State Government.
When Section 15 RTI Act Applies
- Constitution by notification: every State Government must constitute a State Information Commission by notification in the Official Gazette under Section 15(1) RTI Act.
- Composition limit: the Commission consists of 1 State Chief Information Commissioner and up to 10 State Information Commissioners as deemed necessary under Section 15(2) RTI Act.
- Appointment on committee recommendation: the Governor appoints the Commissioners on the recommendation of a committee comprising the Chief Minister (Chairperson), the Leader of Opposition in the Legislative Assembly (or leader of the single largest opposition group if none is recognised), and a Cabinet Minister nominated by the Chief Minister under Section 15(3) RTI Act.
- Autonomous management: general superintendence, direction and management vest in the State Chief Information Commissioner assisted by the State Information Commissioners, acting autonomously without directions from any other authority under the RTI Act under Section 15(4) RTI Act.
- Qualifications and disqualifications: appointees must be persons of eminence in public life with wide knowledge and experience in the fields listed in Section 15(5) RTI Act, and must not hold a legislative seat, other office of profit, political party link, business or profession under Section 15(6) RTI Act.
- Offices: the State Government specifies the headquarters by Official Gazette notification, and the Commission needs the State Government's previous approval to establish offices elsewhere in the State under Section 15(7) RTI Act.
Example of Section 15 RTI Act
When Section 15 RTI Act Does Not Apply
- Under Section 15(6) RTI Act, a person cannot be the State Chief Information Commissioner or a State Information Commissioner while serving as a Member of Parliament or a Member of the Legislature of any State or Union territory, holding any other office of profit, being connected with any political party, carrying on any business, or pursuing any profession.
- Under Section 15(2)(b) RTI Act, a State Information Commission cannot have more than 10 State Information Commissioners in addition to the State Chief Information Commissioner.
- Under Section 15(4) RTI Act, no other authority under the RTI Act may subject the State Chief Information Commissioner to directions when exercising the powers and performing the acts of the State Information Commission.
- Under Section 15(7) RTI Act, the State Information Commission cannot establish offices at other places in the State without the previous approval of the State Government.
FAQs on Section 15 RTI Act
What is Section 15 RTI Act?▼
Section 15 RTI Act requires every State Government to constitute a State Information Commission by Official Gazette notification and fixes its composition at 1 State Chief Information Commissioner and up to 10 State Information Commissioners. Section 15 RTI Act also sets out the selection committee and appointment by the Governor, the Commissioners' qualifications and disqualifications, autonomous management, and the rules on headquarters and other offices.
How many Commissioners can a State Information Commission have under Section 15(2) RTI Act?▼
Up to 10 State Information Commissioners, in addition to 1 State Chief Information Commissioner. Section 15(2) RTI Act states that the Commission consists of the State Chief Information Commissioner and as many State Information Commissioners, not exceeding 10, as may be considered necessary.
Who appoints the State Chief Information Commissioner and State Information Commissioners under Section 15(3) RTI Act?▼
The Governor of the State, acting on the recommendation of a selection committee. Under Section 15(3) RTI Act, that committee consists of the Chief Minister as Chairperson, the Leader of Opposition in the Legislative Assembly, and a Cabinet Minister nominated by the Chief Minister.
What happens under Section 15(3) RTI Act if there is no recognised Leader of Opposition in the Legislative Assembly?▼
The Leader of the single largest group in opposition to the Government in the Legislative Assembly takes that seat on the committee. The Explanation to Section 15(3) RTI Act deems that leader to be the Leader of Opposition where no Leader of Opposition has been recognised as such.
Can a Member of Parliament, MLA, or politician serve as a State Information Commissioner under Section 15(6) RTI Act?▼
No. Section 15(6) RTI Act bars the State Chief Information Commissioner and every State Information Commissioner from being a Member of Parliament or a Member of the Legislature of any State or Union territory, holding any other office of profit, being connected with any political party, carrying on any business, or pursuing any profession.
Can another authority under the RTI Act issue directions to the State Chief Information Commissioner?▼
No. Under Section 15(4) RTI Act, the State Chief Information Commissioner manages the affairs of the State Information Commission and exercises all of the Commission's powers autonomously, without being subjected to directions by any other authority under the RTI Act.
Can the State Information Commission open offices outside its headquarters under Section 15(7) RTI Act?▼
Yes, with the previous approval of the State Government. Under Section 15(7) RTI Act, the State Government notifies the headquarters in the Official Gazette, and the State Information Commission may establish offices at other places in the State after obtaining the State Government's previous approval.
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Sources: Bare Act Text, Right to Information Act, 2005 ·