Constitution of State Information Commission
Commencement. Ss. 4(1), 5(1) (2), 12, 13, 15, 16, 24, 27, 28 (15-06-2005) and rest provisions on 120th day of its enactment.
Section 15 of the Right to Information Act, 2005 deals with constitution of State Information Commission. Every State Government shall, by notification in the Official Gazette, constitute a body to be known as the ........ The Act was enacted on 15 Jun 2005.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
Section 15, The Right to Information Act, 2005 (Act 22 of 2005).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Anjali Bhardwaj vs Union of India
Court's Decision & Legal Precedent
The Central Government and State Governments have a constitutional and statutory obligation to fill vacancies in Information Commissions in a timely manner through a transparent process, and the Supreme Court can issue mandamus directions to compel such appointments. The failure to maintain adequate strength of Information Commissioners violates the fundamental right to information under Article 19(1)(a) of the Constitution and frustrates the purpose of the Right to Information Act 2005. Information Commissions must be staffed adequately based on workload, and the appointment process must be transparent with public disclosure of selection criteria, shortlisted candidates, and deliberations. Persons of eminence from all fields mentioned in the RTI Act should be considered for appointment, not limited to government employees.
On this section: Constitution of State Information Commissions with similar structure and procedure as Central Information Commission
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Shri A.N.Rajan Babu appearing for one of the party respondents-Shri P.R.Devadas submits that "eminence" in any of the discipline referred under Section 15 of the Right to Information Act alone is the criteria and his client has no -:9:- disability for consideration in terms of the Constitution of India. The learned counsel Shri Mohan Jacob George appearing for one of the party respondents would argue that the objection regarding constitution of the …
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 15
What have the courts held on Section 15 of the Right to Information Act?
Anjali Bhardwaj vs Union of India (15 Feb 2019) is the leading judgment on this section among those set out below: Constitution of State Information Commissions with similar structure and procedure as Central Information Commission.
How do I find court cases under Section 15 of the Right to Information Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: RTI Act 15, section 15 RTI Act, section 15 of the Right to Information Act. People searching for it also type rti 15 1. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Anjali Bhardwaj vs Union of India (15 Feb 2019).
What should I read with Section 15 of the Right to Information Act, and has it changed?
4 other provisions in this corpus refer back to it. One instrument names it without being made under it, most recently Punjab Right to Information Rules, 2017 (2017).
When was Section 15 of the Right to Information Act enacted?
Section 15 of the Right to Information Act, cited as RTI Act 15, was enacted on 15 Jun 2005 as Act 22 of 2005. It is in force as at the date shown on this page.
Other sections of this Act
- 19. Appeal669 words
- 7. Disposal of request657 words
- 4. Obligations of public authorities643 words
- 2. Definitions618 words
- 13. Terms of office and conditions of service530 words
- 8. Exemption from disclosure of information520 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.