Rajasthan

Appearance

State Information Commission ​

  • Established under the Right to Information Act of 2005 at the state level.
  • All states have constituted State Information Commissions.
  • It is a high-powered independent body.
  • Deals with complaints and appeals pertaining to offices, financial institutions, public sector undertakings, etc., under the concerned state government.

Composition ​

  • Consists of a State Chief Information Commissioner and not more than ten State Information Commissioners.
  • Appointed by the Governor based on the recommendation of a committee.
    • Committee:
      • Chief Minister as Chairperson
      • Leader of Opposition in the Legislative Assembly
      • A State Cabinet Minister nominated by the Chief Minister
  • Should be persons of eminence in public life with wide knowledge and experience in:
    • Law
    • Science and technology
    • Social service
    • Management
    • Journalism
    • Mass media
    • Administration and governance
  • Should not be:
    • A Member of Parliament or State Legislature/Union Territory.
    • Hold any other office of profit.
    • Connected with any political party.
    • Carrying on any business.
    • Pursuing any profession.

Tenure and Service Conditions ​

  • Term as prescribed by the Central Government or until 65 years of age, whichever is earlier.
  • Not eligible for reappointment.
  • Removal by the Governor:
    • Adjudged an insolvent.
    • Convicted of an offence involving moral turpitude (in the opinion of the Governor).
    • Engages in any paid employment outside the duties of the office.
    • Unfit to continue due to infirmity of mind or body (in the opinion of the Governor).
    • Acquired such financial or other interest as is likely to affect prejudicially his/her official functions.
  • Removal on grounds of proved misbehaviour or incapacity:
    • The Governor refers the matter to the Supreme Court for an enquiry.
    • If the Supreme Court upholds the cause of removal and advises so, the Governor can remove.
  • Salary, allowances, and service conditions as prescribed by the Central Government.
  • Cannot be varied to his/her disadvantage during service.

Powers and Functions ​

  • Duty to receive and inquire into complaints from any person:
    • Not able to submit an information request due to non-appointment of a Public Information Officer.
    • Refused information.
    • No response within specified time limits.
    • Fees charged are unreasonable.
    • Information given is incomplete, misleading, or false.
    • Any other matter relating to obtaining information.
  • Can order inquiry into any matter if there are reasonable grounds (suo-moto power).
  • Powers of a civil court while inquiring:
    • Summoning and enforcing attendance of persons and compelling them to give evidence.
    • Requiring discovery and inspection of documents.
    • Receiving evidence on affidavit.
    • Requisitioning any public record.
    • Issuing summons for examination of witnesses or documents.
    • Any other matter which may be prescribed.
  • Can examine any record under the control of the public authority during inquiry.
  • Power to secure compliance of its decisions from the public authority:
    • Providing access to information in a particular form.
    • Directing the public authority to appoint a Public Information Officer.
    • Publishing information or categories of information.
    • Making necessary changes to management, maintenance, and destruction of records.
    • Enhancing training provision for officials on the right to information.
    • Seeking an annual report from the public authority on compliance with this Act.
    • Requiring the public authority to compensate for any loss or detriment.
    • Imposing penalties.
    • Rejecting the application.
  • Submits an annual report to the State Government which is placed before the State Legislature.
  • May recommend steps to promote conformity if a public authority does not conform to the Act.

RTI Amendment Act, 2019 ​

  • Term of the Chief Information Commissioner and an Information Commissioner shall be such as prescribed by the Central Government.
  • Salary, allowances and other service conditions of the Chief Information Commissioner and an Information Commissioner shall be such as prescribed by the Central Government.
  • Removed the provisions regarding deductions in salary of the Chief Information Commissioner, an Information Commissioner, the State Chief Information Commissioner and a State Information Commissioner due to pension or any other retirement benefits received by them for their previous government service.