SC recalls order, allows non-lawmen as Info Commissioners

AGENCIES, NEW DELHI | 03 September 2013 13:22 IST

The Supreme Court today recalled an order and admitted that it committed a "mistake of law" by directing that only sitting or retired high court chief justices or an apex court judge could head the central and state information commissions.

A bench of justices A K Patnaik and A K Sikri withdrew its order of September 13, last year in which a slew of directions were passed pertaining to appointment of information commissioners. 

"It was mistake of law. We recall the directions," the bench said while reading out the operative portion of its judgement on a petition filed by the Centre seeking review of its last year's order. 

The apex court, however, held that in cases involving substantial question of law, the CIC shall endeavour to refer the matter to any of the CIC who have got some knowledge of law.

The apex court, while recalling its earlier controversial order that held that only people with legal/judicial background could be appointed to CIC, Tuesday clarified that there was no longer any such requirement of knowledge of law for holding the post and admitted that the apex court committed an error by passing the earlier order.

In the appointment of members, said the apex court, primacy should be given to people from Science and Technology, Media and other fields and in cases where intricate cases of law are involved matter could be referred to legal experts.

RTI activists had called the ruling completely inimical to the way the RTI machinery should work and said it had led to a virtual freeze in the appointment of information commissioners.

The Supreme Court also said today that names picked by a panel for the information commissions have to be made public.

Information commissioners are currently selected by a committee comprising the Prime Minister, Law Minister and leader of opposition at the centre and chief minister, opposition leader and another minister at state level. 

The Centre had sought review of the apex court's verdict, saying it is against the provisions of the transparency law. 

The apex court, in its judgement last year, had said that like other quasi judicial bodies, people from judicial background be also appointed as members of the central and state information commissions and this should be done after consulting the CJI and chief justices of the respective high courts. 

The court had directed the government to amend RTI Act for it.

"Chief Information Commissioner at the Centre or state level shall only be a person who is or has been a chief justice of the high court or a judge of the Supreme Court of India," the court had said. 

The bench had passed the order on a PIL challenging section 12 and 15 of the Right to Information (RTI) Act, 2005, enumerating the qualifications needed for the appointment of members of the commissions. 

The bench had, however, refused to quash the sections but asked the government to modify them so that people from judicial background are also preferred for the posts.


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Previous Comments

Remedy without right para in this blog.

The SC has rectified its mistake. Earlier, it had overstepped its brief and legislated in an area where the Parliament had already laid down the norms.

http://www.goanews.com/blogs_disp.php?bpid=493

- Prabhakar Timble, Margao | 04 th September 2013 09:00

 



Drawing attention to the para on Legal mind v/s judges in the blog:

http://www.goanews.com/blogs_disp.php?bpid=579

- Prabhakar Timble, Margao | 04 th September 2013 08:49

 

RTI IS THE ENEMY OF THE CORRUPTIONS.

- JOSE ROD, GOA | 03 rd September 2013 16:05

 

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