Section 15 of Right to Information Act:

Section 15(1)

Every State Government shall, by notification in the Official Gazette, constitute a body to be known as the ………. (name of the State) Information Commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.

Section 15(2)

The State Information Commission shall consist of—

(a) the State Chief Information Commissioner; and

(b) such number of State Information Commissioners, not exceeding ten, as may be deemed necessary.

Section 15(3)

The State Chief Information Commissioner and the State Information Commissioners shall be 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; and

(iii) a Cabinet Minister to be nominated by the Chief Minister.

Explanation.— For the purposes of removal of doubts, it is hereby declared that where the Leader of Opposition in the Legislative Assembly has not been recognised as such, the Leader of the single largest group in opposition of the Government in the Legislative Assembly shall be deemed to be the Leader of Opposition.

Section 15(4)

The general superintendence, direction and management of the affairs of the State Information Commission shall vest in the State Chief Information Commissioner who shall be assisted by the State Information Commissioners and may exercise all such powers and do all such acts and things which may be exercised or done by the State Information Commission autonomously without being subjected to directions by any other authority under this Act.

Section 15(5)

The State Chief Information Commissioner and the State Information Commissioners shall 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.

Section 15(6)

The State Chief Information Commissioner or a State Information Commissioner shall not be a Member of Parliament or Member of the Legislature of any State or Union territory, as the case may be, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.

Section 15(7)

The headquarters of the State Information Commission shall be at such place in the State as the State Government may, by notification in the Official Gazette, specify and the State Information Commission may, with the previous approval of the State Government, establish offices at other places in the State.

Explained:

Section 15 of the Right to Information Act, 2005 deals with the establishment, composition and functioning of the State Information Commission. This provision plays an important role in ensuring transparency and accountability in government administration by creating an independent statutory body to deal with matters arising under the RTI Act.

What Does Section 15 of the RTI Act, 2005 Provide?

Under Section 15, every State Government must constitute a State Information Commission through a notification published in the Official Gazette. The Commission consists of a State Chief Information Commissioner and up to ten State Information Commissioners, depending on administrative requirements.

The Governor appoints the Chief Information Commissioner and other Information Commissioners on the recommendation of a committee comprising the Chief Minister, the Leader of Opposition in the Legislative Assembly and a Cabinet Minister nominated by the Chief Minister.

Section 15 also specifies the qualifications and restrictions applicable to these appointments. The Commissioners must be persons of eminence in public life with knowledge and experience in fields such as law, science and technology, social service, management, journalism, mass media, administration and governance. They cannot hold certain political positions, offices of profit, or engage in business or a profession while serving in these posts.

The State Chief Information Commissioner is responsible for the general supervision and management of the Commission. The headquarters must be located at a place notified by the State Government, and additional offices may be established with the Government’s prior approval.

Important Judgments Relating to Section 15

1. Anjali Bhardwaj v. Union of India (2019)

The Supreme Court emphasised the importance of filling vacancies in Information Commissions promptly and ensuring transparency in the appointment process. The judgment highlighted that inadequate staffing can seriously affect citizens’ ability to exercise their right to information.

2. Virender Kumar v. P.S. Rana (2007)

The Himachal Pradesh High Court directed the State Government to appoint at least one State Information Commissioner under Section 15(2)(b). The decision underlined the importance of maintaining the statutory composition of the Commission.

Conclusion

Section 15 is a fundamental institutional provision of the RTI Act, 2005. By establishing State Information Commissions and prescribing their composition, appointment procedure and qualifications, it supports effective implementation of the right to information and promotes accountable governance.