State Information Commissioner is appointed by the Governor on the recommendation of a Committee. Who of the following is not a member of this Committee ?

Correct — option (4), Chief Justice of High Court.

Section 15(3) of the Right to Information Act, 2005 governs the appointment. The Governor appoints the State Chief Information Commissioner and the State Information Commissioners on the recommendation of a committee.

That committee has three members: the Chief Minister, who chairs it; the Leader of Opposition in the Legislative Assembly; and a Cabinet Minister nominated by the Chief Minister.

Options (1), (2) and (3) are exactly those three. The Chief Justice of High Court is not a member, so option (4) is the answer.

The Act also covers an Assembly with no recognised Leader of Opposition. Its Explanation treats the leader of the single largest opposition group as the Leader of Opposition for this purpose.

The RTI selection committee is the Chief Minister, the Leader of Opposition and one Cabinet Minister — it has no judicial member.

Why the others are wrong

• (1)
  The Chief Minister — The Chief Minister is a member — in fact the chairperson of the committee under Section 15(3)(i) of the RTI Act.

  The Chief Minister also chooses the committee's third member, the Cabinet Minister. So this option names the committee's chairperson, not someone outside it.

• (2)
  The Leader of opposition in Legislative Assembly — The Leader of Opposition in the Assembly is the second member, under Section 15(3)(ii). This seat gives the opposition a voice in selecting Information Commissioners.

  If no Leader of Opposition is recognised, the leader of the single largest opposition group takes the seat. Either way, the post belongs to the committee.

• (3)
  A cabinet minister to be nominated by the Chief Minister — This is the third member, under Section 15(3)(iii): a Cabinet Minister nominated by the Chief Minister.

  With the Chief Minister and this minister, two of the committee's three members come from the government side. The member is part of the committee, so this option is not the answer.

The RTI Act, 2005 creates a State Information Commission in every state, alongside the Central Information Commission. It hears complaints and second appeals under the Act.

The State Commission has a State Chief Information Commissioner and up to ten State Information Commissioners. They must be persons of eminence in public life, with experience in fields such as law, social service, journalism or administration.

They cannot be legislators, hold any other office of profit, be connected with a political party, or carry on a business or profession.

The RTI (Amendment) Act, 2019 let the Central Government prescribe their term; the RTI Rules, 2019 set it at three years. Removal for proved misbehaviour or incapacity requires a Supreme Court inquiry on the Governor's reference.

Key facts

• Under Section 15(3) of the RTI Act, 2005, the Governor appoints the State Chief Information Commissioner and State Information Commissioners on a committee's recommendation.
• The committee is the Chief Minister (chairperson), the Leader of Opposition in the Assembly and a Cabinet Minister nominated by the Chief Minister.
• A State Information Commission has a State Chief Information Commissioner and not more than ten State Information Commissioners.
• The RTI Rules, 2019, notified on 24 October 2019 after the RTI (Amendment) Act, 2019, set a three-year term for Information Commissioners.
• The Rajasthan Lokayukta is appointed by the Governor after consulting the Chief Justice of the High Court and the Leader of the Opposition.

Common traps

• Assuming a judge sits on every selection committee. The RTI committee is the Chief Minister, the Leader of Opposition and a Cabinet Minister.
• Borrowing the Lokayukta rule. In Rajasthan the Governor consults the Chief Justice of the High Court before appointing the Lokayukta, but that comes from a different Act.
• Mixing the State and Central committees. At the Centre the members are the Prime Minister, the Leader of Opposition in the Lok Sabha and a Union Cabinet Minister, and the President appoints.

UnlockIAS will link similar questions from RAS Pre 2023 and 2021 here once those papers are published on this site.

• practice — not a real PYQ

  Under the Right to Information Act, 2005, a State Information Commission consists of the State Chief Information Commissioner and State Information Commissioners not exceeding:

  • (a)Five
  • (b)Seven
  • (c)Ten
  • (d)Twelve
  Answer(3) — Section 15(2)(b) allows not more than ten State Information Commissioners. Five (1), seven (2) and twelve (4) do not match the Act.
• practice — not a real PYQ

  Under Section 17 of the RTI Act, 2005, the Governor may remove a State Chief Information Commissioner on the ground of proved misbehaviour or incapacity after an inquiry by:

  • (a)The High Court of the State
  • (b)The Supreme Court
  • (c)The State Legislative Assembly
  • (d)The committee headed by the Chief Minister
  Answer(2) — Section 17(1) requires the Supreme Court, on a reference from the Governor, to inquire and report. The High Court (1) and the Assembly (3) have no such role, and the Chief Minister's committee (4) recommends appointments, not removals.