Which of the following cannot be appointed as the State Chief Information Commissioner or a State Information Commissioner?
- (a)A person from the field of journalism
- (b)A person from the field of law
- (c)A person from the field of science and technology
- (d)Member of the Legislature of the State territory
Correct — D, Member of the Legislature of the State territory. Under Section 15 of the Right to Information Act, 2005, the State Chief Information Commissioner and State Information Commissioners must be persons of eminence in public life with wide knowledge and experience in fields such as law, science and technology, social service, management, journalism, mass media, or administration and governance. The same section expressly disqualifies anyone who is a Member of Parliament or of the Legislature of any State or Union Territory, holds any other office of profit, is connected with a political party, or carries on any business or profession — to keep the post free of active-politics and conflict-of-interest ties.
- (a)A person from the field of journalism — Journalism/mass media is explicitly listed among the eligible fields of eminence under Section 15 — not a disqualification.
- (b)A person from the field of law — Law is explicitly listed among the eligible fields under Section 15 — not a disqualification.
- (c)A person from the field of science and technology — Science and technology is explicitly listed among the eligible fields under Section 15 — not a disqualification.
The RTI Act, 2005 (Section 15) sets a two-part test for each state's Information Commission: POSITIVE eligibility (eminence in public life, with knowledge/experience in law, science & technology, social service, management, journalism, mass media, or administration & governance) and a NEGATIVE disqualification list (must not be a sitting MP/MLA/MLC, hold any other office of profit, be connected with a political party, or run a business/profession) — the second part keeps the office insulated from active politics.
The trap is treating every listed professional background as a blanket qualification without checking the negative list — a person can come from law, journalism, or science and still be disqualified if they are, separately, a sitting legislator or hold a political-party position.
- Section 15, RTI Act 2005 — governs appointment of the State Chief Information Commissioner & State Information Commissioners
- Eligible fields: law, science & technology, social service, management, journalism, mass media, administration & governance
- Disqualified: sitting MP/MLA/MLC of any State/UT, any office of profit, political-party connection, or active business/profession
- Appointed by the Governor on the recommendation of a committee (Chief Minister, Leader of Opposition in the Assembly, a Cabinet Minister nominated by the CM)
Section 15 lists professional fields that qualify a person, but separately bars sitting legislators (and other office-of-profit/political-party ties) from appointment.
- Assuming any listed professional field is a blanket qualification, ignoring the separate disqualification clause
- Confusing the appointing authority (Governor, on a CM-led committee's recommendation) with the President/committee that appoints the Central CIC
MPPSC/UPSC test either the eligible-fields list or the disqualification list (MP/MLA, office of profit, political-party ties, business/profession) for Information Commissioners — usually as a 'which one cannot be appointed' or 'consider the statements' format.
No directly related past PYQ was found.
- practice — not a real PYQ
The State Chief Information Commissioner and State Information Commissioners are appointed by the:
- (a)President of India, on the Prime Minister's recommendation
- (b)Governor, on the recommendation of a committee headed by the Chief Minister
- (c)Chief Justice of the High Court
- (d)State Public Service Commission
Answer(b) Governor, on the recommendation of a committee headed by the Chief Minister — the committee also includes the Leader of Opposition in the Assembly and a Cabinet Minister nominated by the CM.
- practice — not a real PYQ
Under Section 15 of the RTI Act, 2005, which of the following disqualifies a person from being appointed as a State Information Commissioner?
- (a)Being a retired civil servant
- (b)Holding any office of profit
- (c)Having a background in social service
- (d)Having a background in management
Answer(b) Holding any office of profit — along with being a sitting MP/MLA, a political-party connection, or an active business/profession.