Jurisprudence, Interpretation and General Laws · Right to Information Law

Central and State Information Commissions under the RTI Act

Updated 11 October 2026 · Fact-checked

The Central Information Commission (section 12) and each State Information Commission (section 15) are independent bodies under the RTI Act. Each has a Chief Commissioner and up to ten Commissioners, appointed by the President or Governor on a committee's recommendation. They hear complaints under section 18 with civil court powers. Remove them only as the Act provides.

Understand Central and State Information Commissions

The RTI Act gives you a right to information. The Information Commissions make that right enforceable. They are the independent bodies that hear complaints when an officer refuses, delays or overcharges.

There is one Central Information Commission (CIC) and one State Information Commission (SIC) for each State. They are built the same way. Each has a Chief Information Commissioner and not more than ten other Commissioners. The CIC is set up by the Central Government by notification. An SIC is set up by the State Government by notification.

The main difference is who acts. For the CIC, the President appoints on the recommendation of a committee of the Prime Minister (Chairperson), the Leader of Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister. For an SIC, the Governor appoints on the recommendation of the Chief Minister (Chairperson), the Leader of Opposition in the Legislative Assembly and a Cabinet Minister nominated by the Chief Minister.

The Commissions are meant to be independent. The Chief Commissioner manages the Commission's affairs autonomously, without directions from any other authority under the Act. Commissioners must be persons of eminence in public life. They cannot be MPs or MLAs, hold an office of profit, be connected with a political party, or carry on a business or profession. Their removal is also hedged by safeguards.

Their work is mainly under section 18. They receive and inquire into complaints. While inquiring, they have civil court powers and can examine any record under the control of a public authority. No such record can be withheld from them on any ground.

Key rules to remember

Composition (CIC and SIC): Chief Commissioner + Commissioners (not exceeding 10); Same pattern for the CIC (section 12) and the SIC (section 15). The ten is a ceiling, not a fixed number.
Appointing authority: CIC: President. SIC: Governor.; Each acts on the recommendation of a committee. The committee only recommends.
Selection committee: CIC: PM (Chair) + Leader of Opposition, Lok Sabha + Union Cabinet Minister nominated by PM. SIC: CM (Chair) + Leader of Opposition, Legislative Assembly + Cabinet Minister nominated by CM.; If the Leader of Opposition is not recognised, the leader of the single largest opposition group is deemed the Leader of Opposition.
Qualification: Person 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; Same text in sections 12(5) and 15(5).
Disqualifications: Not an MP or MLA; no other office of profit; no connection with a political party; no business or profession; Sections 12(6) and 15(6).
Headquarters: CIC: Delhi. SIC: place the State Government notifies.; The CIC may open offices elsewhere in India with Central Government approval. The SIC may open offices elsewhere in the State with State Government approval.
Tenure (CIC, section 13): Term as prescribed by the Central Government; upper age limit 65 years; no reappointment; Since the 2019 amendment the term is prescribed, not fixed at five years. An Information Commissioner holds office for the prescribed term or until 65, whichever is earlier.
Commissioner to Chief Commissioner: Information Commissioner may become CIC; total term as both not more than 5 years; Appointment as CIC is through the section 12(3) committee. The five-year cap is in the second proviso to section 13(2).
Removal (SIC, section 17(1)): Governor's order + proved misbehaviour or incapacity + Supreme Court inquiry on Governor's reference; The CIC is removed under section 14 on the same pattern, with the President as the removing authority. The Governor may suspend the person during the inquiry (section 17(2)).
Removal without Supreme Court inquiry (section 17(3)): Insolvent; convicted of offence involving moral turpitude (Governor's opinion); paid outside employment; unfit by infirmity of mind or body (Governor's opinion); financial or other interest prejudicial to functions; Remember as five grounds. Section 17(4): interest in a State Government contract is deemed misbehaviour.
Powers while inquiring (section 18(3)): Civil court powers under the CPC, 1908 for summoning, discovery and inspection, affidavit evidence, requisitioning records, issuing summons for witnesses or documents, and any prescribed matter; Section 18(4): the Commission may examine any record under a public authority's control, and it cannot be withheld on any grounds.

How to solve Central and State Information Commissions questions

Most questions ask for the constitution, appointment, tenure, removal or powers of the Commissions, or a short fact scenario. Use the same structure each time.

1Identify what is asked: constitution, appointment, tenure, removal, or powers and functions. Say whether it is about the CIC, the SIC or both.
2State the provision first: name the Act and section (12 and 13 for the CIC, 15 and 17 for the SIC, 18 for powers of both).
3Give the rule in the Act's own order. For appointment, name the authority and then the three committee members. For removal, give the ground and the procedure.
4For a scenario, pick out the facts that match a ground or condition, such as insolvency, paid employment, or a refusal to give information.
5Apply the rule to those facts in one or two sentences. Check whether the Supreme Court route is needed or the direct route applies.
6End with a clear conclusion that answers the question asked, for example 'Hence the Governor may remove him without a Supreme Court reference under section 17(3)(a).'

Quickest way: CIC versus SIC mirror method

When to use it: Use it when the question asks you to compare the CIC and SIC, or when you must write fast and cannot recall each section separately.

Write the CIC version in full: President, PM committee, Delhi, section 12.
Mirror it for the SIC by swapping: President to Governor, PM to CM, Lok Sabha to Legislative Assembly, Union Cabinet Minister to Cabinet Minister, Delhi to a notified place.
Add the shared rules once: up to ten Commissioners, eminence, disqualifications, autonomy of the Chief Commissioner.
For removal, remember the two routes: Supreme Court inquiry for misbehaviour or incapacity, and direct removal for the five listed grounds.
Close with section 18: complaints, civil court powers, and access to any record.

Common mistakes in Central and State Information Commissions

Saying the Commission has 'ten Commissioners' exactly.
Students memorise the number without the words 'not exceeding'.
Fix: Write 'a Chief Information Commissioner and such number of Commissioners, not exceeding ten, as are deemed necessary'.
Writing that the Chief Information Commissioner holds office for five years.
Older notes and books reflect the original text of section 13.
Fix: Write that the term is as prescribed by the Central Government, subject to the age limit of 65 years and no reappointment. Mention the 2019 amendment.
Saying the Prime Minister or Chief Minister appoints the Commissioners.
Students confuse the committee's recommendation with the appointment.
Fix: The President (CIC) or Governor (SIC) appoints. The committee only recommends.
Saying every removal needs a Supreme Court inquiry.
Students remember only section 17(1) and skip 17(3).
Fix: Supreme Court inquiry is needed for proved misbehaviour or incapacity. The five grounds in section 17(3) allow removal by order without it.
Treating the Commission as an appellate court only, or forgetting its complaint jurisdiction.
Students focus on appeals under section 19 and miss section 18.
Fix: Under section 18 the Commission receives and inquires into complaints on six situations, from no officer being appointed to incomplete, misleading or false information.
Saying the Commission has all the powers of a civil court.
The phrase is shortened from the Act.
Fix: The powers are the civil court powers listed in section 18(3), used while inquiring into a matter under that section, in respect of the listed matters.

Worked examples

Example 1

Explain the powers and functions of the Central and State Information Commissions under the RTI Act, 2005.

Show the solution

Provision: Section 18 sets out the duty and powers of the Central Information Commission and State Information Commission.
Function: The Commission must receive and inquire into a complaint from a person who (a) could not submit a request because no officer was appointed or an Assistant officer refused to accept the application, (b) was refused access to information, (c) got no response within the time limit, (d) was asked to pay an unreasonable fee, (e) believes the information given is incomplete, misleading or false, or (f) has any other grievance about requesting or obtaining records under the Act.
Inquiry: Under section 18(2), the Commission may start an inquiry if it is satisfied there are reasonable grounds.
Powers: Under section 18(3), while inquiring it has the powers of a civil court under the Code of Civil Procedure, 1908 for summoning persons and compelling oral or written evidence on oath and production of documents, discovery and inspection of documents, receiving evidence on affidavit, requisitioning public records from any court or office, issuing summons for examination of witnesses or documents, and any other prescribed matter.
Access to records: Under section 18(4), despite any inconsistent law, the Commission may examine any record under the public authority's control during a complaint inquiry, and no such record may be withheld from it on any grounds.

Answer: The Commissions receive and inquire into complaints on the six grounds in section 18(1), may begin an inquiry on reasonable grounds, have civil court powers for the matters listed in section 18(3), and can examine any record, which cannot be withheld from them.

Example 2

Mr Rao, a State Information Commissioner of a State, is adjudged an insolvent during his term. The Governor wants to remove him. Must the Governor first refer the matter to the Supreme Court? Also state when a Supreme Court reference is needed.

Show the solution

Provision: Section 17 of the RTI Act governs removal of a State Chief Information Commissioner or State Information Commissioner.
Rule: Under section 17(1), removal for proved misbehaviour or incapacity needs a Supreme Court inquiry on the Governor's reference, and the Court must report that removal is justified.
Exception: Section 17(3) begins 'Notwithstanding anything contained in sub-section (1)'. It allows the Governor to remove by order, without that inquiry, if the person is adjudged an insolvent (clause (a)). The other grounds are conviction for an offence involving moral turpitude in the Governor's opinion, paid employment outside the duties of office, unfitness by infirmity of mind or body in the Governor's opinion, or acquiring a financial or other interest likely to affect his functions prejudicially.
Application: Mr Rao has been adjudged an insolvent, which is a section 17(3)(a) ground. No Supreme Court reference is needed.

Answer: No. The Governor may remove Mr Rao by order under section 17(3)(a) without a Supreme Court reference. A reference is needed only where removal is sought for proved misbehaviour or incapacity under section 17(1).

Exam tips

Learn sections 12, 13, 15, 17 and 18 as a set. Questions usually test one of them, and the CIC and SIC rules mirror each other.
Write the committee members in the exact order given in the Act and name the Chairperson.
For removal scenarios, first check whether the facts match one of the five section 17(3) grounds. If not, think of misbehaviour or incapacity and the Supreme Court route.
Mention the 2019 amendment when writing on tenure and salaries, and avoid saying 'five years' as the fixed term.
In a short note on powers, list the section 18(3) powers as bullet points and add the section 18(4) access to records rule.

Practice questions from Right to Information Law

Central and State Information Commissions: frequently asked questions

What is the difference between the CIC and an SIC?

The CIC works at the Centre and is appointed by the President on the recommendation of a committee headed by the Prime Minister. An SIC works in a State and is appointed by the Governor on the recommendation of a committee headed by the Chief Minister. Their headquarters also differ: Delhi for the CIC, a notified place in the State for an SIC.

Who appoints the Chief Information Commissioner?

The President appoints the Chief Information Commissioner and the Information Commissioners under section 12(3). The appointment is on the recommendation of a committee of the Prime Minister, the Leader of Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister.

How is a State Information Commissioner removed?

Under section 17, the Governor removes on proved misbehaviour or incapacity after the Supreme Court, on a reference, reports that removal is justified. The Governor can also remove directly on grounds such as insolvency, conviction for moral turpitude, paid outside employment, unfitness by infirmity, or a prejudicial interest.

What is the tenure of the Chief Information Commissioner?

Under section 13, the term is as prescribed by the Central Government, and the person cannot hold office after 65 years or be reappointed as such. This replaced the earlier fixed five-year term by the Right to Information (Amendment) Act, 2019.

Does the Information Commission have civil court powers?

Yes, but for the matters listed in section 18(3), while inquiring into a complaint. These include summoning witnesses, discovery and inspection of documents, receiving affidavit evidence and requisitioning public records.