Who can remove the State Chief Information Commissioner on the ground of…

2025

Who can remove the State Chief Information Commissioner on the ground of misbehaviour or incapacity proved by the Supreme Court?

  1. A.

    Chief Minister

  2. B.

    Governor

  3. C.

    The President

  4. D.

    Prime Minister

Attempted by 6 students.

Show answer & explanation

Correct answer: B

Concept: Under Section 17(1) of the Right to Information Act, 2005, a State Chief Information Commissioner or State Information Commissioner can be removed on the ground of proved misbehaviour or incapacity only after the Supreme Court holds an inquiry on a reference and reports in favour of removal — a safeguard similar to a judge's security of tenure. (Section 17(3) separately permits removal on certain other specified grounds, such as insolvency or conviction for an offence involving moral turpitude, without this Supreme Court process.) The Act splits the Section 17(1) removal power by level: Section 14 gives it to the President for the Central Chief Information Commissioner and Central Information Commissioners, while Section 17 gives it to the Governor for the State Chief Information Commissioner and State Information Commissioners.

Application: This question asks about the STATE Chief Information Commissioner, so Section 17 applies, not Section 14. Under Section 17(1) of the RTI Act, 2005, once the Supreme Court — acting on a reference made by the Governor — holds an inquiry and reports that the State Chief Information Commissioner ought to be removed on the ground of proved misbehaviour or incapacity, it is the Governor who issues the order of removal.

Why the other options do not fit:

  • Chief Minister: has no removal power under the Act; the Chief Minister's role is limited to the State-level committee that recommends the appointment under Section 15(3), not removal.

  • The President: this is the removal authority for the CENTRAL Chief Information Commissioner under Section 14 — a parallel provision for the Union-level post, not the State-level post this question asks about.

  • Prime Minister: like the Chief Minister, the Prime Minister's role under the Act is confined to the Central-level selection committee for appointments; the Act gives this office no removal power.

Result: The Governor is the authority who orders the removal of the State Chief Information Commissioner once the Supreme Court reports proved misbehaviour or incapacity.

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