Section 16 of Right to Information Act:

Section 16(1)

The State Chief Information Commissioner shall hold office for such term as may be prescribed by the Central Government and shall not be eligible for reappointment:

Provided that no State Chief Information Commissioner shall hold office as such after he has attained the age of sixty-five years.

Section 16(2)

Every State Information Commissioner shall hold office for such term as may be prescribed by the Central Government or till he attains the age of sixty-five years, whichever is earlier, and shall not be eligible for reappointment as such State Information Commissioner:

Provided that every State Information Commissioner shall, on vacating his office under this sub-section, be eligible for appointment as the State Chief Information Commissioner in the manner specified in sub-section (3) of section 15:

Provided further that where the State Information Commissioner is appointed as the State Chief Information Commissioner, his term of office shall not be more than five years in aggregate as the State Information Commissioner and the State Chief Information Commissioner.

Section 16(3)

The State Chief Information Commissioner or a State Information Commissioner shall, before he enters upon his office, make and subscribe an oath or affirmation in the form set out for the purpose in the First Schedule.

Section 16(4)

The State Chief Information Commissioner or a State Information Commissioner may, at any time, by writing under his hand addressed to the Governor, resign from his office.

Provided that the State Chief Information Commissioner or a State Information Commissioner may be removed in the manner specified under section 17.

Section 16(5)

The salaries and allowances payable to and other terms and conditions of service of the State Chief Information Commissioner and the State Information Commissioners shall be such as may be prescribed by the Central Government:

Provided that the salaries, allowances and other conditions of service of the State Chief Information Commissioner or the State Information Commissioners shall not be varied to their disadvantage after their appointment.

Section 16(6)

The State Government shall provide the State Chief Information Commissioner and the State Information Commissioners with such officers and employees as may be necessary for the efficient performance of their functions under this Act, and the salaries and allowances payable to and the terms and conditions of service of the officers and other employees appointed for the purpose of this Act shall be such as may be prescribed.

Explained:

Section 16 of the Right to Information Act, 2005 deals with the tenure, reappointment, salaries and service conditions of the State Chief Information Commissioner and State Information Commissioners. These provisions are important for maintaining the independence and effective functioning of State Information Commissions.

What Does Section 16 of the RTI Act Provide?

The Right to Information Act establishes State Information Commissions to hear appeals and complaints relating to access to information. Section 16 lays down the rules governing the tenure and service conditions of the officers heading these commissions.

Following the Right to Information (Amendment) Act, 2019, the tenure and service conditions of State Chief Information Commissioners and State Information Commissioners are prescribed by the Central Government.

The State Chief Information Commissioner is not eligible for reappointment to the same office and cannot continue after attaining the age of 65 years. Similarly, a State Information Commissioner cannot be reappointed to the same office and cannot continue after attaining the age of 65 years. The Act also provides for the appointment of a State Information Commissioner as State Chief Information Commissioner, subject to the statutory conditions.

Section 16 further addresses salaries, allowances and other service conditions. These conditions cannot be varied to the disadvantage of the commissioners after their appointment. The State Government must also provide the officers and employees necessary for the efficient functioning of the State Information Commission.

Important Judgments Relating to Section 16

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

The Supreme Court emphasised the importance of filling vacancies in Information Commissions and ensuring transparency in appointments. The case highlights the need for properly functioning commissions to protect citizens’ right to information.

2. Union of India v. Namit Sharma (2013)

The Supreme Court examined the composition and functioning of Information Commissions under the RTI Act. The judgment is relevant to understanding the institutional independence and proper functioning of these bodies.

Conclusion

Section 16 of the RTI Act, 2005 provides the legal framework for the tenure and service conditions of State Information Commissioners. By regulating appointments, reappointment and service conditions, it supports the effective administration of the RTI mechanism and the public’s right to access information.