Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 19 2005 ss. 7 12(5) and 13(5) lack of transparency in appointment of Information Commissioners Right to Information Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Right to Information Act, 2005 (22 of 2005) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Right to Information Act, 2005:ss. 7, 19, 12(5) and 13(5) – Effective implementation of the Act – Sought by filing writ petition u/Art. 32 of Constitution – Alleging that non-filling of vacancies of Information Commissioners in timely manner in Central Information Commission (CIC) and State Information Commissions (SICs) stifles the functioning of the Act, resulting in huge backlog of appeals and complaints – It was also alleged that there was lack of transparency in appointment of Information Commissioners – It was sought that terms and conditions on which the appointments are to be made, should be clearly stated – Held: Right to information is a fundamental right which flows from Arts. 19(1)(a) and 21 – There is a definite link between right to information and good governance – Transparency is the key for functioning of a healthy democracy – There has been undue delays in filling up of the vacancies – The respondents are directed to fill up the vacancies without any delay – Insofar as transparency in appointment is concerned, all the States are directed to follow the system adopted by the Central Government, of placing all necessary information on the website – Though terms and conditions of appointment are provided in s. 13(5), it would be appropriate to specify the terms and conditions of appointment in the advertisement and also put the same on the website – Information Commissioners should be appointed also from other streams as mentioned in the Act and should not be limited only to the Government employees/ex Government employees. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2019 INSC 210 |
Petitioner | Anjali Bhardwaj And Others |
Respondent | Union Of India And Others |
SCR | [2019] 2 S.C.R. 199 |
Judgement Date | 2019-02-15 |
Case Number | 436 |
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