The State Information Commission Explained

The State Information Commission is the independent statutory body in each Indian state that hears second appeals and complaints under the Right to Information Act 2005, and it makes sure that state government departments and other state-level public authorities respond to citizens’ requests for information. It is the state-level counterpart of the Central Information Commission (CIC), and its orders are binding on the public authorities it oversees.

A State Information Commission has the status of a quasi-judicial authority with the powers of a civil court for certain purposes. It can order disclosure, impose monetary penalties on defaulting officials and recommend disciplinary action. This explainer covers how it is constituted, how its members are appointed and removed, what the 2019 amendment changed, and how a citizen can approach it. It was last reviewed on 8 October 2026.

Key Takeaways

• The State Information Commission is established by each state government under Section 15 of the Right to Information Act 2005 and works independently of the departments it monitors.
• A State Information Commission consists of one State Chief Information Commissioner and not more than ten State Information Commissioners, all appointed by the Governor.
• The Governor appoints members on the recommendation of a committee made up of the Chief Minister, the Leader of the Opposition and a Cabinet Minister nominated by the Chief Minister.
• The Right to Information (Amendment) Act 2019 removed the fixed five-year term for Information Commissioners and authorised the Central Government to prescribe their terms, salaries and service conditions.
• A State Information Commission has the powers of a civil court for summoning witnesses, requiring documents and receiving evidence on affidavit, and it can impose a penalty of up to Rs 25,000 on a Public Information Officer.
• A second appeal to the State Information Commission must be filed within 90 days of the first appellate authority’s decision, and the Commission’s orders are final under the Act, subject to constitutional writ jurisdiction.

What is the State Information Commission?

The State Information Commission is the highest statutory appeal and complaint authority under the Right to Information (RTI) Act 2005 at the level of a state, and it is created by a notification of the state government. Each state sets up its own Commission, and Section 15 requires every state government to constitute it by notification in the Official Gazette after the Act came fully into force in October 2005.

The purpose of the Commission is to give citizens a speedy, inexpensive and independent remedy if a state public authority refuses information, delays it or supplies incorrect or incomplete information. Before the RTI Act, a person denied information had to approach the courts. The Commission replaced that route with a specialised body designed to be accessible without a lawyer and without court fees.

The Commission’s jurisdiction extends to public authorities under the state government, including state departments, local bodies, state-owned corporations and bodies substantially financed by the state. Central government offices located in a state are not covered, since they fall under the Central Information Commission.

Who are the members of a State Information Commission?

A State Information Commission is made up of one State Chief Information Commissioner and such number of State Information Commissioners, not exceeding ten, as the state government decides. The State Chief Information Commissioner heads the Commission and has general superintendence, direction and management of its affairs, with the other Commissioners exercising the powers of the Commission on its behalf.

The Act sets out the qualifications for membership:

• Members must be persons of eminence in public life.
• They must have wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.
• They cannot be Members of Parliament or Members of a State Legislature.
• They cannot hold any other office of profit, be connected with a political party or carry on any business or profession while in office.

The headquarters of a Commission is at a place designated by the state government, and with the government’s approval it can open offices elsewhere in the state. Many Commissions also work through benches so that appeals from distant districts can be heard without delay.

How are State Information Commissioners appointed?

State Information Commissioners are appointed by the Governor of the state on the recommendation of a committee consisting of the Chief Minister as chairperson, the Leader of the Opposition in the Legislative Assembly and a Cabinet Minister nominated by the Chief Minister. The Governor acts on this recommendation and does not choose members independently.

The committee structure has two purposes. It ensures that the ruling party does not alone decide who sits on a body that monitors government transparency, and it gives the opposition a formal voice in the selection. If no recognised Leader of the Opposition exists, the leader of the single largest group in opposition to the government is treated as the Leader of the Opposition for this purpose.

The process runs along these lines:

1. The state government invites applications or identifies candidates who meet the Act’s criteria.
2. A search or screening exercise produces a shortlist.
3. The committee meets and recommends names to the Governor.
4. The Governor issues the formal appointment, and members take an oath of office before the Governor or a person appointed by the Governor.

The Supreme Court has repeatedly stressed that appointments must be made promptly and transparently, observing that vacancies in Information Commissions defeat the purpose of the Act. In its 2019 ruling in Anjali Bhardwaj v Union of India, the Court directed that the selection process be made public and that vacancies be filled in a timely manner.

What did the 2019 amendment change?

The Right to Information (Amendment) Act 2019 changed the conditions of service of Information Commissioners by allowing the Central Government to prescribe their terms of office, salaries, allowances and other service conditions. Before the amendment, the Act itself fixed these terms, and the change was among the most debated reforms to the law since its passage.

The key differences are summarised below.

Supporters of the amendment argued that Information Commissions are statutory bodies, not constitutional bodies like the Election Commission, and that the executive should be able to set their service conditions through rules. Critics responded that giving the executive control over tenure and pay could affect the Commissions’ independence, since members who depend on the government for their terms might hesitate to rule against it. The change was criticised by opposition parties and civil society groups and defended by the government, and the debate continues.

The amendment also applies to the State Information Commissions, so the terms of state-level Commissioners are now prescribed by rules framed by the Central Government in the same manner as for the CIC.

What powers does a State Information Commission have?

A State Information Commission has the powers of a civil court under the Code of Civil Procedure 1908 when it inquires into a complaint, which gives it the authority to enforce compliance with its orders. These powers are set out in Section 18 of the RTI Act.

When trying a matter, the Commission may:

• summon and enforce the attendance of persons and compel them to give oral or written evidence on oath;
• require the discovery and inspection of documents;
• receive evidence on affidavit;
• requisition any public record or copy from any court or office;
• issue summons for the examination of witnesses or documents; and
• exercise any other power prescribed by the Act.

The Commission may examine any record that falls under the Act during an inquiry, and no such record can be withheld on any ground. This is significant because it means a public authority cannot refuse to show the Commission a file on the ground that it is confidential, though exemptions can still be argued on the merits.

Section 19(8) lists the remedies the Commission can order. It may require the public authority to provide information in a particular form, appoint a Public Information Officer, publish certain categories of information, make changes to its record-keeping practices, increase training for its officials, and provide an annual compliance report. It can also order the authority to compensate the complainant for any loss or detriment suffered.

What penalties can the Commission impose?

The State Information Commission can impose a penalty of Rs 250 for each day of delay, up to a maximum of Rs 25,000, on a Public Information Officer who defaults without reasonable cause. This is provided in Section 20 of the Act, and the penalty is imposed on the officer personally, not on the department.

The penalty applies where a Public Information Officer has:

• refused to receive an application for information;
• not furnished information within the time limit;
• maliciously denied a request;
• knowingly given incorrect, incomplete or misleading information; or
• destroyed information that was the subject of a request.

Before imposing a penalty, the Commission must give the officer a reasonable opportunity to be heard, and the burden of proving that the officer acted reasonably rests on the officer. The Commission can also recommend disciplinary action against a persistent defaulter under the service rules applicable to that officer. The penalty is separate from compensation, which the Commission can award to the complainant under Section 19(8).

How does the second appeal to the Commission work?

A second appeal to the State Information Commission is the second stage of the RTI appeal process, and it can be filed by a person who is dissatisfied with the decision of the first appellate authority or who did not receive a decision at all. The appeal must be filed within 90 days from the date on which the first appellate decision was made or should have been made.

The full route runs through these steps:

1. The citizen files an RTI application with the Public Information Officer of the state public authority.
2. The officer must reply within 30 days, or within 48 hours if the information concerns the life or liberty of a person.
3. If the reply is refused, delayed or unsatisfactory, the citizen files a first appeal with an officer senior to the Public Information Officer within 30 days.
4. The first appellate authority must decide within 30 days, extendable to 45 days with written reasons.
5. If still dissatisfied, the citizen files a second appeal with the State Information Commission within 90 days.

A citizen may alternatively file a complaint directly under Section 18, for instance where an application was not accepted or where the fee demanded was unreasonable. Appeals and complaints differ in their nature. An appeal challenges the correctness of a decision on a specific request, while a complaint addresses broader failures to comply with the Act. In both cases, the burden of showing that a denial was justified lies on the Public Information Officer.

Orders of the Commission are binding. The RTI Act bars ordinary courts from entertaining suits about matters decided under it, but the High Courts and the Supreme Court retain their constitutional writ jurisdiction under Articles 226 and 32, and a party aggrieved by a Commission order can challenge it by writ petition on grounds such as illegality or procedural error.

How does a State Information Commission compare with the Central Information Commission?

A State Information Commission follows the same structure and procedure as the Central Information Commission, but it deals with state public authorities, while the CIC deals with central public authorities. The two bodies are parallel, and neither is an appellate authority over the other.

The difference in the appointing authority and the selection committee reflects India’s federal design. The removal process shows how the Act protects Commissioners from arbitrary dismissal. The Governor can remove a member only after the Supreme Court, on a reference, reports that the member is guilty of proved misbehaviour or incapacity, apart from certain grounds such as insolvency or conviction for an offence involving moral turpitude.

What does the Commission report to the legislature?

A State Information Commission must prepare an annual report on the implementation of the RTI Act and send it to the state government, which places it before the State Legislature. The report is a key accountability mechanism, since it lets legislators and the public see how the Act is working in the state.

The report generally covers the number of requests received, the number refused and the reasons for refusal, the number of appeals and complaints heard, and the penalties imposed. Public authorities in the state also supply data to the Commission so that it can compile the report. The report may include recommendations to the government on steps to improve compliance, such as more training for Public Information Officers or better digitisation of records.

Several challenges are often highlighted in discussions about the work of State Information Commissions:

• Backlogs of pending second appeals in several states, which delay relief.
• Vacancies in the posts of Commissioners, which slow the disposal of cases.
• Uneven use of the penalty power, as some Commissions rarely impose it.
• Variation in rules on fees and the mode of filing across states.

The Digital Personal Data Protection Act 2023 also amended the privacy exemption in Section 8(1)(j) of the RTI Act, which is an ongoing area of discussion for how Commissions will balance transparency and personal data protection.

Bottom Line

The State Information Commission is the final stop for an RTI applicant who is not satisfied with a state public authority’s response, and its legal strength comes from the civil-court powers, the penalty provision and the fixed procedure laid down in the RTI Act 2005. Its effectiveness depends on timely appointments, independent Commissioners and consistent use of its powers, which is why tenure and selection rules have been so closely watched since the 2019 amendment.

Frequently Asked Questions

What is the State Information Commission?

The State Information Commission is the independent statutory body set up in each state under Section 15 of the Right to Information Act 2005. It hears second appeals and complaints about state public authorities. Its orders on disclosure and penalties are binding on those authorities.

Who appoints the State Chief Information Commissioner?

The Governor of the state appoints the State Chief Information Commissioner and the State Information Commissioners. The Governor acts on the recommendation of a committee comprising the Chief Minister, the Leader of the Opposition in the Legislative Assembly and a Cabinet Minister nominated by the Chief Minister. The Governor does not select candidates independently.

How long is the term of a State Information Commissioner?

The term is now prescribed by the Central Government under the Right to Information (Amendment) Act 2019. Before the amendment, the Act fixed a term of five years or until the age of 65, whichever came first, and the 2019 Rules prescribe three years. A Commissioner is not eligible for reappointment to the same post.

Can a citizen file a second appeal with the State Information Commission directly?

No, a second appeal can be filed only after the first appeal to the senior officer within the public authority has been decided or the time to decide it has passed. The second appeal must reach the Commission within 90 days of that point. A complaint under Section 18 is a separate route that may be filed directly in certain situations.

What penalty can the State Information Commission impose on an officer?

The Commission can impose a penalty of Rs 250 per day of default, up to a maximum of Rs 25,000, on a Public Information Officer. This applies to refusing to accept an application, delaying a reply, malafide denial or giving incorrect or misleading information. The Commission may also recommend disciplinary action against the officer.

Can a State Information Commission order be challenged?

The RTI Act does not provide a further appeal against a Commission order, but a party can challenge it before the High Court by a writ petition under Article 226. The Supreme Court can also be approached under Article 32 or by special leave. Ordinary civil courts cannot entertain suits on matters covered by the Act.

{“@context”:”https://schema.org”,”@graph”:[{“@type”:”FAQPage”,”mainEntity”:[{“@type”:”Question”,”name”:”What is the State Information Commission?”,”acceptedAnswer”:{“@type”:”Answer”,”text”:”The State Information Commission is the independent statutory body set up in each state under Section 15 of the Right to Information Act 2005. It hears second appeals and complaints about state public authorities. Its orders on disclosure and penalties are binding on those authorities.”}},{“@type”:”Question”,”name”:”Who appoints the State Chief Information Commissioner?”,”acceptedAnswer”:{“@type”:”Answer”,”text”:”The Governor of the state appoints the State Chief Information Commissioner and the State Information Commissioners. The Governor acts on the recommendation of a committee comprising the Chief Minister, the Leader of the Opposition in the Legislative Assembly and a Cabinet Minister nominated by the Chief Minister. The Governor does not select candidates independently.”}},{“@type”:”Question”,”name”:”How long is the term of a State Information Commissioner?”,”acceptedAnswer”:{“@type”:”Answer”,”text”:”The term is now prescribed by the Central Government under the Right to Information (Amendment) Act 2019. Before the amendment, the Act fixed a term of five years or until the age of 65, whichever came first, and the 2019 Rules prescribe three years. A Commissioner is not eligible for reappointment to the same post.”}},{“@type”:”Question”,”name”:”Can a citizen file a second appeal with the State Information Commission directly?”,”acceptedAnswer”:{“@type”:”Answer”,”text”:”No, a second appeal can be filed only after the first appeal to the senior officer within the public authority has been decided or the time to decide it has passed. The second appeal must reach the Commission within 90 days of that point. A complaint under Section 18 is a separate route that may be filed directly in certain situations.”}},{“@type”:”Question”,”name”:”What penalty can the State Information Commission impose on an officer?”,”acceptedAnswer”:{“@type”:”Answer”,”text”:”The Commission can impose a penalty of Rs 250 per day of default, up to a maximum of Rs 25,000, on a Public Information Officer. This applies to refusing to accept an application, delaying a reply, malafide denial or giving incorrect or misleading information. The Commission may also recommend disciplinary action against the officer.”}},{“@type”:”Question”,”name”:”Can a State Information Commission order be challenged?”,”acceptedAnswer”:{“@type”:”Answer”,”text”:”The RTI Act does not provide a further appeal against a Commission order, but a party can challenge it before the High Court by a writ petition under Article 226. The Supreme Court can also be approached under Article 32 or by special leave. Ordinary civil courts cannot entertain suits on matters covered by the Act.”}}]}]}