Section 1
Overview of State Information Commission
The State Information Commission (SIC) is a statutory body constituted under Section 15 of the Right to Information Act, 2005, for each state. It exercises the powers conferred on it and performs the functions assigned to it under the Act at the state level.
The SIC is the final appellate authority for RTI applications filed with state government public authorities. It has the power to order disclosure of information, impose penalties on Public Information Officers, and give directions to state public authorities.
Key Points About State Information Commission
- Constituted Under: Section 15 of the RTI Act, 2005
- Headquarters: State Capital
- Composition: State Chief Information Commissioner + up to 10 State Information Commissioners
- Appointing Authority: Governor of the State
- Term: 3 years from the date of assuming office
- Official Website (Telangana): tscic.gov.in
Key Fact
Section 15 of the RTI Act provides for the establishment of State Information Commissions. Each state has its own Information Commission with similar powers to the Central Information Commission, but for state government matters .
Section 2
Constitution & Composition of SIC
State Chief Information Commissioner (SCIC): Head of the Commission
State Information Commissioners: Up to 10 Commissioners (as deemed necessary by the state)
Appointment: By the Governor on the recommendation of a committee
Appointment Committee: Chief Minister (Chair), Leader of Opposition in Legislative Assembly, Cabinet Minister nominated by Chief Minister
Eligibility: Persons of eminence in public life with wide knowledge and experience in law, science, technology, social service, management, journalism, mass media, administration, or governance
Disqualification: Cannot be MP/MLA/MLC, hold office of profit, be connected with any political party, or carry on any business or profession
Term: 3 years from the date of assuming office
Salary: SCIC - ₹2,50,000 (fixed); SIC - ₹2,25,000 (fixed)
Appointment Committee Details
Under Section 15(3) of the RTI Act, the State Chief Information Commissioner and State Information Commissioners are appointed by the Governor on the recommendation of a committee consisting of :
- (i) The Chief Minister, who shall be the Chairperson of the committee
- (ii) The Leader of Opposition in the Legislative Assembly
- (iii) A Cabinet Minister to be nominated by the Chief Minister
If the Leader of Opposition is not recognized, the Leader of the single largest group in opposition is deemed to be the Leader of Opposition .
Section 3
Powers & Functions of SIC
Complaints (Section 18)
The SIC has the duty to receive and inquire into complaints from any person who :
- Has been unable to submit a request to a SPIO because no such officer has been appointed
- Has been refused access to any information requested under the Act
- Has not been given a response within the time limit specified
- Has been required to pay unreasonable fees
- Believes that incomplete, misleading, or false information has been given
- Has any other matter relating to requesting or obtaining access to records
Appeals (Section 19)
The SIC hears Second Appeals against the decisions of the State Appellate Authority. Key provisions include :
- Time Limit: Second appeal must be filed within 90 days from the date of the order/due date
- Burden of Proof: The onus to prove that a denial was justified is on the SPIO who denied the request
- Third Party: If the appeal relates to third party information, the third party must be given a reasonable opportunity to be heard
- Decision: The Commission's decision is binding
Powers of Inquiry
The SIC has the same powers as a civil court while inquiring into any matter under Section 18 :
- Summoning and enforcing attendance of persons and compelling them to give evidence on oath and produce documents
- Requiring discovery and inspection of documents
- Receiving evidence on affidavit
- Requisitioning public records or copies from any court or office
- Issuing summons for examination of witnesses or documents
Important: No record under the control of a public authority can be withheld from the SIC during an inquiry under Section 18(4) of the RTI Act .
Section 4
Powers of SIC Under Section 19
In its decision under Section 19, the SIC has the power to :
Require the public authority to take steps to secure compliance with the RTI Act
Provide access to information in a particular form
Direct the appointment of a SPIO where none exists
Direct the publication of certain information or categories of information
Require changes to practices relating to record management and destruction
Enhance training on RTI for officials
Require the public authority to provide an annual report
Compensate the complainant for any loss or other detriment suffered
Impose penalties under the Act
Reject the application
Key Feature: The SIC's decision under Section 19 is binding on the state public authority. The Commission also has the power to impose penalties under Section 20 of the RTI Act .
Section 5
Penalties Under Section 20
The SIC can impose penalties on State Public Information Officers (SPIOs) under Section 20 of the RTI Act :
Grounds for Penalty: Refusal to receive application, not furnishing information within time, malafide denial, knowingly giving incorrect/incomplete/misleading information, destroying information, obstructing in furnishing information
Rate: ₹250 per day till the application is received or information is furnished
Maximum Penalty: ₹25,000
Additional Actions: The Commission can also recommend disciplinary action against the SPIO
Key Point
The penalty under Section 20 is imposed only if the SIC is of the opinion that the SPIO has acted without reasonable cause. The SPIO has the opportunity to be heard before the penalty is imposed .
Section 6
SIC Appeal Process
The appeal process before the State Information Commission involves the following steps:
- File Second Appeal: File the Second Appeal before the SIC within 90 days from the date of the First Appeal order or the date it was due.
- Submit Documents: Attach copies of the original RTI application, SPIO's response, First Appeal, and Appellate Authority's order.
- No Fee: No fee is required for filing the Second Appeal.
- Hearing: The SIC may conduct a hearing (physical or virtual) to examine the case.
- Decision: The SIC gives a reasoned order. The decision is binding on the state public authority.
- Compliance: The state public authority must comply with the SIC's order within the time specified.
- Penalty: If the SIC finds the SPIO at fault, it can impose a penalty under Section 20.
Section 7
Practical Tips for Approaching SIC
Exhaust First Appeal: You must file a First Appeal before approaching the SIC. The SIC hears only Second Appeals.
File on Time: File the Second Appeal within 90 days from the date of the First Appeal order or the due date.
Provide Complete Documents: Attach copies of all relevant documents (RTI application, SPIO response, First Appeal, Appellate Authority order).
No Fee: No fee is required for filing Second Appeal. Do not pay any fee.
Clear Grounds: Clearly state the grounds of appeal and the relief sought.
Online Filing: For Telangana, use the
TSCIC Portal for online filing and tracking.
Track Status: Track the status of your appeal through the SIC portal.
Seek Legal Help: If needed, consult a lawyer or seek help from legal aid organizations.
Pro Tip: For Telangana, the State Information Commission conducts hearings through video conferencing. Ensure you have access to a stable internet connection and the necessary equipment if a hearing is scheduled.
TSCIC - Hearing Schedule
Section 9
Frequently Asked Questions
1. What is the State Information Commission (SIC)?
The State Information Commission (SIC) is a statutory body constituted under Section 15 of the RTI Act, 2005, for each state. It is the final appellate authority for RTI applications filed with state government public authorities.
2. How is the SIC constituted?
The SIC consists of a State Chief Information Commissioner and up to 10 State Information Commissioners. They are appointed by the Governor on the recommendation of a committee consisting of the Chief Minister (Chair), the Leader of Opposition in the Legislative Assembly, and a Cabinet Minister nominated by the Chief Minister .
3. What are the eligibility criteria for SIC/IC?
Candidates must be persons 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. They cannot be MPs, MLAs, MLCs, hold office of profit, or be connected with any political party .
4. What is the term of office for SIC/IC?
The State Chief Information Commissioner and State Information Commissioners hold office for a period of 3 years from the date on which they enter upon their office .
5. What is the salary of the SCIC and SIC?
The State Chief Information Commissioner receives a pay of ₹2,50,000 (fixed) per mensem, and a State Information Commissioner receives a pay of ₹2,25,000 (fixed) per mensem .
6. What are the powers of the SIC?
The SIC has the power to: receive and inquire into complaints (Section 18), hear Second Appeals (Section 19), summon witnesses and require production of documents, order disclosure of information, impose penalties (Section 20), and give directions to state public authorities .
7. How do I file a Second Appeal before the SIC?
You can file a Second Appeal before the SIC within 90 days from the date of the First Appeal order or the due date. For Telangana, you can file online through the
Telangana Information Commission Portal . No fee is required .
8. What is the penalty for non-compliance under the RTI Act for state authorities?
Under Section 20, the SIC can impose a penalty of ₹250 per day (up to ₹25,000) on the SPIO for refusing to receive an application, not furnishing information on time, malafide denial, or knowingly giving incorrect information .
9. Can the SIC examine records that are exempt under the RTI Act?
Yes, under Section 18(4) of the RTI Act, no record under the control of a public authority can be withheld from the SIC during an inquiry, even if it is exempt under Section 8 .
10. Is the SIC's decision binding?
Yes, under Section 19(7) of the RTI Act, the decision of the State Information Commission is binding on the state public authority .