Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Right to Information |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Right to Information Act, 2005:ss. 12(5), (6) and 15(5), (6) - Appointment to the post of cChief Information Commissioners and InformationCommissioners at Central as well as State Level - Eligibilitycriteria - Constitutional validity of - Held: The provisions of ss.12(5) and 15(5) are constitutionally valid with a rider that thecourt will have to read into the provisions that the expression'knowledge and experience' would mean and include a basicdegree in the field and the experience gained thereafter - Theprovisions u/ss. 12(6) and 15(6) are vague, have no nexus withthe object of the Act and there is no intelligible differentia to,support such classification - The court would, rather thandeq(aring ss. 12(6) and 15(6) unconstitutional, would readdown these provisions as having effect post-appointmentrather than pre-appointment - Direction to legislature tosuitably amend the provisions and direction to competentauthority to frame rules - Constitution of India, 1950 - Art. 14.Central/State Information Commissions - Character andstructure of - The Information Commissions are quasi-judicialauthorities or tribunals performing judicial functions - TheCommission is vested with civil as well as penal powers - It isrequired to determine the disputes by striking a balancebetween right to privacy and right to information - The natureof functions of the Commission involves an adjudicatoryprocess - It possesses the essential attributes and trappingsof a court - Once Information Commission is held to beessentially a quasi-judicial forum, the Chief InformationCommissioner and members of the Commission should bĀ·ethe persons possessing requisite qualification and experiencein the field of Law and/or other specified fields - TheCommission to work in a bench of two i.e. a Judicial member and an expert member' - Appointment to the post of judicialmember should be made in consultation' with the Chief Justiceof India in case of Central Information Commission and withthe Chief Justices of the High Courts of the respective Statesin case of State Information Commissions - The termexperience in law and other specified field as enumerated u/ss. 12(5) and 15(5) of the Act would take within its ambit both-requisite qualification as well as experience in that field -ALaw Officer or a lawyer having twenty years of law practice andhaving experience of social work is also eligible forappointment as judicial member - For appointment asInformation Commissioners, the authority should prefer aperson who is or has been a judge of High Court - ChiefInformation Commissioner shall only be a person who is orhas been Chief Justice of High Court or a Judge of SupremeCourt - A panel of prospective members should be createdby the Department of Personnel and Training or theconcerned State level ministry and be placed before the HighPowered Committee to make selections in accordance withs. 12(3) of the Act. |
Judge | Hon'ble Mr. Justice Swatanter Kumar |
Neutral Citation | 2012 INSC 392 |
Petitioner | Namit Sharma |
Respondent | Union Of India |
SCR | [2013] 13 S.C.R. 1 |
Judgement Date | 2012-09-13 |
Case Number | 210 |
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