Under which section and sub-section of the Right to Information Act 2005 was…
2024
Under which section and sub-section of the Right to Information Act 2005 was the State Information Commission constituted?
Section | Sub-section |
|---|---|
15 | 03 |
14 | 01 |
13 | 02 |
15 | 01 |
Answer: D. Section 15 — Sub-section 01 — ConceptWhen a statute creates a public authority, the enabling provision uses constitutive language that requires the relevant government to establish a named…
- A.
Section 15 — Sub-section 03
- B.
Section 14 — Sub-section 01
- C.
Section 13 — Sub-section 02
- D.
Section 15 — Sub-section 01
Show answer & explanation
Correct answer: D
Concept
When a statute creates a public authority, the enabling provision uses constitutive language that requires the relevant government to establish a named body.
Separate provisions usually deal with the body’s composition, office terms, powers, or removal; those provisions do not themselves create the body.
Application
Section 15(1) of the Right to Information Act, 2005 directs every State Government to constitute a body called the State Information Commission by notification in the Official Gazette.
Contrast
Section 15(3) governs appointment of the State Chief Information Commissioner and the State Information Commissioners by the Governor on the recommendation of the statutory committee.
Section 14(1) concerns removal of the Chief Information Commissioner or an Information Commissioner after a Supreme Court inquiry on a Presidential reference.
Section 13(2) concerns the term of office of the Chief Information Commissioner.
Cross-check
The phrase “constitute a body to be known as the … State Information Commission” appears in Section 15(1), confirming that this is the constitutive provision.
Therefore, the required provision is Section 15, sub-section (1).