Tenure of Central and State Information Commission

Q.  Which of the following is/are true?

1) State Information Commissioners hold office for a term of 5 years or until they attain the age of 62 years, whichever is earlier.
2) Chief Information Commissioner holds office for a term of 5 years or until he/she attains the age of 65 years, whichever is earlier.
- Published on 15 Mar 17

a. Only 1
b. Only 2
c. Both 1 and 2
d. None of the above

ANSWER: Only 2
 
    Tenure and Service Conditions -

  • The Chief Information Commissioner, the Information Commissioner, State Chief Information Commissioner, the State Information Commissioner hold office for a term of 5 years or until they attain the age of 65 years, whichever is earlier.

  • They are not eligible for reappointment but the Information Commissioners at the Central and State Level can be appointed as Chief Information Commissioner and State Chief Information Commissioner, respectively.

  • However, the total combined duration should not be more than 5 years for them.

    • The President can remove the Chief Information Commissioner or any Information Commissioner and the Governor can remove the State Chief Information Commissioner or any State Information Commissioner from the office under the following circumstances -

    1. if he is adjudged an insolvent; or

    2. if he has been convicted of an offence which (in the opinion of the President (Governor, in case of state)) involves a moral turpitude; or

    3. if he engages during his term of office in any paid employment outside the duties of his office; or

    4. if he is (in the opinion of the President (Governor, in case of state)) unfit to continue in office due to infirmity of mind or body; or

    5. if he has acquired such financial or other interest as is likely to affect prejudicially his official functions.

  • The President (Governor, in case of state) can also remove the Chief Information Commissioner or any Information Commissioner on the ground of proved misbehavior or incapacity.

  • But in such scenarios, the President (Governor, in case of state) has to refer the matter to the Supreme Court for an enquiry.

  • If the Supreme Court, after the enquiry, upholds the cause of removal and advises so, then the President (Governor, in case of state) can remove him.

  • The salary and other service conditions of the Chief Information Commissioner are similar to those of the Chief Election Commissioner.

  • The salary and other service conditions of the Information Commissioner are similar to those of an Election Commissioner.

  • The salary and other service conditions of the Chief Information Commissioner are similar to those of the Chief Election Commissioner.

  • The salary and other service conditions of the Information Commissioner are similar to those of an Election Commissioner.

  • The salary and other service conditions of the State Chief Information Commissioner are similar to those of the Election Commissioner.

  • The salary and other service conditions of the State Information Commissioner are similar to those of Chief Secretary of the State Government.

  • They cannot be varied to their disadvantage during service.

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