Rajasthan Information Commission

Rajasthan Information Commission is an important topic under Rajasthan Polity that deals with the implementation of the Right to Information (RTI) Act in the state. It explains the structure, powers, and functions of the Commission in ensuring transparency and accountability in governance. Understanding this topic helps in analyzing citizens’ rights and the role of information access in a democratic system.

Rajasthan Information Commission: Structure & Functions

Right to Information Act, 2005

• Movement: The campaign began in the 1990s. A successful movement was led by Aruna Roy (Mazdoor Kisan Shakti Sangathan) starting from Chang Gate in Beawar (Ajmer) on April 6, 1995.
• Parliamentary visit:
  • Passed by Parliament on 12 May 2005.
  • President’s (Dr. A.P.J. Abdul Kalam) assent on 15 June 2005.
• Effective Dates:
  • Sections 4(1), 5(1)(2), 12, 13, 15, 16, 24, 27 and 28 come into effect immediately.
  • Rest effective across the country from 12 October 2005.
• Objective: To ensure citizens have access to government information and increase transparency.
• Significance: The Administrative Reforms Commission considered it “the key to the lock of administration.” It nullified the Official Secrets Act of 1923.
• The Right to Information Act, 2005, consists of a total of six chapters.
  1. Chapter 1 – Preliminaries
  2. Chapter 2 – Right to Information and Obligations of Public Authorities
  3. Chapter 3 – Central Information Commission
  4. Chapter 4 – State Information Commission
  5. Chapter 5 – Powers and Functions of Information Commissions, Appeals and Penalties
  6. Chapter 6 – Miscellaneous
• In addition, the Act also includes two Schedules.-
  • Form of oath or affirmation to be made and subscribed by the Chief Information Commissioner, Information Commissioner, State Chief Information Commissioner, State Information Commissioner
  • Intelligence and security organisations established by the Central Government
• The Right to Information Act, 2005 (RTI Act, 2005) consists of a total of 31 sections.
  1. Section 1 – Short title, commencement and applicability
  2. Section 2 – Definitions
  3. Section 3 – Right to Information
  4. Section 4 – Obligations of public authorities
  5. Section 5 – Designation of Public Information Officers
  6. Section 6 – Request for obtaining information-
  7. Section 7 – Disposal of request
  8. Section 8 – Exemption from disclosure of information
  9. Section 9 – Grounds for refusal of access in certain cases
  10. Section 10 – Severability
  11. Section 11 – Information on person
  12. Section 12 – Constitution of Central Information Commission.
  13. Section 13 – Term of office and conditions of service of Information Commissioners.
  14. Section 14 – Provisions for removal of Information Commissioners from office.
  15. Section 15 – Constitution of State Information Commission
  16. Section 16- Term of office and conditions of service
  17. Section 17 – Removal of State Chief Information Commissioner or State Information Commissioner
  18. Section 18 – Powers and functions of Information Commissions
  19. Section 19 – Appeal
  20. Section 20 – Punishment

Right to Information (RTI)

• Right to Information (RTI) is recognised as a fundamental right under Article 19(1) of the Indian Constitution.
• In the landmark judicial case Raj Narain v. State of Uttar Pradesh (1976), the Supreme Court confirmed that this right is part of Article 19.
• The Court made it clear that in a democracy, citizens should have the right to know how their government works.
• As a result of this, the Right to Information Act, 2005 was passed, which created a system for citizens to exercise this fundamental right.

Features and Importance of RTI Act (Key Points):

1. Enhancing accountability and transparency in governance
2. Empowering citizens
3. Promoting public participation
4. Recommendation of 2nd ARC – According to the report of 2nd Administrative Reforms Commission, “RTI is the master key to good governance”.

Right to Information Act, 2005 – Preamble

• The Constitution of India establishes a democratic republic; and democracy requires an educated citizenry and transparency of information, which is essential for its functioning and also for preventing corruption and holding governments and their instrumentalities accountable to the government; and in actual practice, disclosure of information may conflict with other public interests, including the efficient operation of governments, the optimal use of limited state financial resources, and the maintenance of confidentiality of sensitive information; and it is necessary to reconcile these conflicting interests while maintaining the supremacy of the democratic ideal; therefore, it is now expedient to make provision for providing certain information to citizens who wish to have it;

Be it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows.

Right to Information (Amendment) Act 2019

• The Right to Information (Amendment) Act 2019 has also made significant changes in the tenure, salary and service conditions of the State Chief Information Commissioner (SCIC) and State Information Commissioners (SICs) at the state level in India.
• The changes with respect to the State Information Commission are listed below:
  1. Tenure of office –The amendment empowered the central government to fix the tenure of the State Chief Information Commissioner and State Information Commissioners.
     • Earlier, his tenure was fixed for 5 years.
  2. Salary and Service Conditions –The amendment empowers the Central Government to determine the salaries, allowances and other service conditions of the State Chief Information Commissioner and the State Information Commissioner.
     • Earlier, the salary, allowances and other service conditions of the State Chief Information Commissioner were the same as that of the Chief Election Commissioner and the salary of the State Information Commissioner was the same as that of the Chief Secretary of the State.
  3. Removal of salary deductionsThe amendment removed provisions for reduction in the salaries of the Central Information Commissioner and State Information Commissioners on account of pension or retirement benefits received from previous government service.

Rajasthan State Information Commission

Constitution and structure (Section 15)

• The State Information Commission was constituted under Section 15 of the Right to Information Act, 2005.
• It is a statutory body/statutory body/legal body.
• Formation:- April 13, 2006
• Active:- The state’s first Chief Information Commissioner, M.D. Kaurani was appointed on 18 April 2006, and the commission became operational on the same day.
• Headquarters: Jaipur (Presently in HCM RIPA Campus, New Building Inaugurated 19 April 2013).
• Office History: Yojana Bhawan (up to October 2006) -> HCM RIPA (November 2006) -> Finance Bhawan (October 2010) -> New Office Building (RIPA Complex): Inaugurated 19 April 2013, Operational 19 June 2013.
• The Right to Information Act was implemented for the first time in the state in the year 2000.
• Rules: ‘Rajasthan Information Commission (Management) Regulations 2007’ (effective 24 July 2007).
• Motto: “āvidāni janebhyaḥ”
• Structure: 1 State Chief Information Commissioner + a maximum of 10 State Information Commissioners.
• Appointment: The State Chief Information Commissioner and other Information Commissioners are appointed by the Governor on the recommendation of a committee consisting of the following members:
  • Chief Minister (Chairman)
  • Leader of the Opposition (Legislative Assembly)
  • One Cabinet Minister nominated by the Chief Minister
• Note:  
  • If any party does not have the recognition of the opposition party, then the leader of the largest party is included in the committee.
  • The Chairman and members of the Commission should not be members of Parliament or State Legislature.
  • The Chairman and members should not be associated with any political party and should not hold any lucrative post.
• Ability: Eminent persons having wide knowledge and experience in law, science, technology, social service, management, journalism, public relations or administration.
• Competent authority: Governor, Speaker of Legislative Assembly, Chief Justice of High Court.
• Local bodies: In Panchayats, the Secretary/VDO is the Public Information Officer and the Sarpanch/Pradhan is the Appellate Authority. In Municipal bodies, the EO/Commissioner is the Public Information Officer and the Chairperson/Mayor is the Appellate Authority.

Conditions of service and tenure (Section 16)

Tenure:

• Tenure of office of the State Chief Information Commissioner and other Information Commissioners
  • Originally fixed at 5 years or 65 years of age, whichever is earlier.
  • Currently – 3 years or 65 years of age whichever is earlier.
• Note : On October 24, 2019, the Central Government decided to determine the tenure of the Chairman and members itself.

Re-appointment

• The Chief Information Commissioner shall not be eligible for reappointment.
• The other Information Commissioner can be reappointed only as Chief Information Commissioner, provided that his total tenure, including his tenure as State Information Commissioner, does not exceed five years (currently three years).

Oath – section 16(3)

• The Chief Information Commissioner and other Information Commissioners are sworn in by the Governor or a person nominated by the Governor.

Resignation letter – Section 16(4)

• The Chairman and members submit their resignations addressed to the Governor.

Salary: Section 16(5)

• RTI Amendment Act 2019:The salaries and allowances of the Chief Information Commissioner and other Information Commissioners will be determined by the Central Government and cannot be changed to their disadvantage during their tenure.
  • Chief Information Commissioner 2.50 lakh
  • Other Information Commissioners 2.25 lakh
• Note : Earlier, the salary of the Chief Information Commissioner was equal to that of the State Election Commissioner and that of the Information Commissioner was equal to that of the Chief Secretary.

Removal from office (Section 17)

Removal process

• The Governor can remove the Chief Information Commissioner and other Information Commissioners on the grounds of proven misbehavior or incapacity only if they are found guilty in the investigation process of the Supreme Court.
• Note:- Apart from this, he can also be removed by the Governor on the following grounds.
  • If he is declared bankrupt.
  • If he has been convicted of any crime involving moral turpitude.
  • If he holds any other office of profit during his tenure.
  • Is mentally or physically incapable of performing his duties.

Procedure and sections for obtaining information

Designation of Public Information Officers (PIOs) – (Section 5)

Procedure and fees for obtaining information – (Sections 6, 7, 27, 28)

• Application: In written or electronic mode (Hindi/English/Official Language) along with fees.
• Application Fee: ₹10 (Cash, DD, Banker’s Cheque or Indian Postal Order).
• Information Fee Rates:
  • Photo Copy (A4, A3 size): ₹2 per page.
  • Large size paper: Actual cost.
  • Disk or floppy: ₹50 per disk.
  • Inspection: First hour free, then ₹5 for every 15 minutes.

Time limit (settlement) – (Section 7)

• General Information: 30 days.
• Through Assistant Public Information Officer: 35 days.
• Life or liberty: Within 48 hours of receipt of the request.

Exemption from disclosure of information – (Sections 8, 11)

• Section 8: India’s sovereignty, security, strategic interests, confidence received from a foreign government, contempt of court, breach of privilege, Cabinet papers (during deliberations), and personal information not related to public interest.
• Section 11 (Third Parties): The Public Information Officer will process a request for information from a third party within five days. The third party will be given 10 days. The total processing time will be 40 days.

Appeal and Punishment – (Sections 19, 20)

Appeal (Section 19)

• First Appeal: Against the decision of the PIO within 30 days (to the senior officer).
• Second Appeal: To the State Information Commission within 90 days of the decision of the first appeal.

Imposition of Punishment (Section 20)

• Reason: Non-acceptance of application, delay in receiving, malafide rejection of application, providing incorrect/incomplete/misleading information, or destruction of records.
• Fine: ₹250 per day (from receipt of application till intimation). Maximum amount: ₹25,000.

Functions and powers of the Commission

• The State Information Commission is empowered to receive and investigate complaints from any person who has been unable to obtain information from a Public Information Officer (PIO).
• No such Public Information Officer has been appointed. The Appellate Authority has refused to accept his application for information or appeal under this Act.
• Citizens can file a complaint against the State Public Information Officer for refusing to provide the requested information, for not providing the information within the stipulated time period, for demanding an unreasonable fee, or for providing incomplete or misleading information. The Commission investigates these complaints.

Powers of Civil Court (Section 18): The Commission has the powers of a civil court during the investigation:

• Summoning a person and compelling his attendance.
• To produce oral or written evidence and documents.
• Requiring inspection of documents.
• Receiving evidence on affidavit.
• Requisitioning copies of public records from any court or office.

Appellate powers (Section 19):

• The power to hear a second appeal against the decision of the First Appellate Authority under Section 19(1) of the Act is vested in the Rajasthan State Information Commission under Section 19(3).
• The second appeal can be made within 90 days of receipt of the decision.
• The State Information Commission is the final appellate authority in respect of matters mentioned in the RTI Act 2005.
• Under Section 19(7) of the RTI Act, 2005, the order of the Information Commission is binding.

Annual Report (Section 25)

• The Commission prepares an annual report regarding implementation and sends it to the State Government.
• The state government gets this report placed on the table of the state assembly.

Fee Structure (Rajasthan Right to Information Rules 2005)

(Published on 13 October 2005)

• Application Fee [Section 6(1)]:  ₹10 (Cash/DD/Cheque/Postal Order).
• Notice copy fee [Section 7(1)]:
  1. A-4, A-3 pages: ₹2 per page.
  2. Large size paper: Actual cost.
  3. Sample/Model: Actual cost.
  4. Inspection: First hour free, ₹5 for every 15 minutes thereafter.
• Additional means [Section 7(5)]
  • Disk/Floppy: ₹50 per disk.
  • Printed publication: Fixed price or ₹2 per page for photocopy.

RTI Framework in Local Self-Government

Level	Public Information Officer (PIO)	Appellate Authority
Municipality/Council/Corporation	Executive Officer/Commissioner	Chairman/President/Mayor
Gram Panchayat	Secretary (VDO)	Sarpanch
Panchayat committee	Development Officer (BDO)	Prime
District Council	Chief Executive Officer (CEO)	District Head

Chief Information Commissioner of Rajasthan

1.	Shri M.D. Kaurani	longest tenure
2.	Shri T. Srinivasan
3.	Shri Suresh Choudhary (IPS)
4.	Shri D.B. Gupta	Minimum Tenure
5.	Shri Mohan Lal Lather	Current Chief Information Commissioner (from 09/07/2024)

Acting Chief Information Commissioner

1.	Shri C.M. Meena
2.	Shri Ashutosh Sharma
3.	Shri Rajendra Prasad Barwad

List of former State Information Commissioners

1.	Shri T. Srinivasan	(Later became Chief Information Commissioner)
2.	Dr. P.L. Aggarwal	–
3.	Shri Chandramohan Meena	(Also served as Acting Chief Information Commissioner)
4.	Shri Ashutosh Sharma	(Also served as Acting Chief Information Commissioner)
5.	Shri Laxman Rathod	–
6.	Shri Rajendra Prasad Barwad	(Also served as Acting Chief Information Commissioner)
7.	Shri Narayan Bareth	–
8.	Smt. Sheetal Dhankad	First woman member
9.	Shri Mohan Lal Lather	(Presently holding the post of Chief Information Commissioner)

Presently serving Information Commissioners

1.	Shri Mahendra Kumar Parikh	From 09/07/2024
2.	Shri Suresh Chand Gupta	From 09/07/2024
3.	Shri Teeka Ram Sharma	From 09/07/2024
4.	Sunil Sharma	From 10/12/2025