Table of Contents
Section 16 — Term of Office and Conditions of Service (SIC)
Quick Reply: §16 is §13's State twin: the 2019 Amendment replaced the fixed five-year term (and Chief Election Commissioner-equivalent salaries) with “as may be prescribed by the Central Government” — and the 2019 Rules apply the same numbers to State Commissions: three-year term (or until 65), ₹2,50,000 a month for a State Chief, ₹2,25,000 for a State Commissioner.
In one line: Section 16, substituted in 2019, delegates tenure and service conditions of State Information Commissioners to Central Government rules. Before 2019, fixed 5-year term.
Key points
- 16(1), (2), (5) substituted in 2019 — term and salary as prescribed by the Central Government.
- Current rules: the 2019 Rules apply nationally — three-year term (or until age 65); State Chief ₹2,50,000/month, State Commissioner ₹2,25,000/month.
Legislative history
- 2005 — Original Section 16: fixed 5-year term.
- 24 October 2019 — 2019 Amendment substituted 16(1), 16(2), 16(5).
Rulings and references
- Anjali Bhardwaj v. Union of India, WP (C) No. 436 of 2019 (15 February 2019) — Supreme Court directions on filling vacancies in the CIC and the State Information Commissions and cutting pendency. Full text.
Practical note
The Amendment's most criticised design: State Commissioners' service conditions are now set by Central rules, not State law or the statute itself. States that preferred longer tenures cannot prescribe around the central rules.
Call to action
For drafting RTIs or appeals engaging this section, use the First RTI template or the First Appeal template. See How to fill an RTI application for structural help.
Related
FAQs
Do States have no say at all?
States administer their Commissions, but term, salary and conditions of service for SCICs and SICs are prescribed centrally under the substituted §16 — the exact point the 2019 Amendment made.
Same numbers as the CIC?
Yes — the 2019 Rules prescribe the same three-year term and the same ₹2,50,000 / ₹2,25,000 monthly pay for State Chiefs and State Commissioners.
Who removes a State Commissioner?
Section 17 — only in the manner of a High Court judge, on a reference by the State Government; security of tenure survives.
Sources
- Right to Information Act, 2005, Section 16 (as substituted by Act 24 of 2019).
- RTI (Term of Office, Salaries, Allowances and Other Terms and Conditions of Service) Rules, 2019 — PRS India analysis.
- Department of Personnel and Training, Guide on the RTI Act, 2005.
Last reviewed on: 27 August 2026. Template description rebuilt; the fabricated “(2020) 11 SCC 345” citation removed and replaced with the verified WP 436/2019 decision; 2019 Rules figures verified; FAQ added.