JANHIT MANCH Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this writ petition, the petitioners have, inter alia, prayed that the Chief Information Commissioner and the Information Commissioners appointed under the Right to Information Act, 2005 (for short RTI Act) be declared as ad-hoc or temporary appointees and that an impartial sub-committee be formed to assist the selection committee under the RTI Act, 2005 for scrutinising the applications / nominations received for the post of Chief Information Commissioner and Information Commissioners and after short listing forward the names to the selection committee for personal interviews for the final selection for the said posts.

(2.) THE Right to Information Act, 2005 was enacted by the Parliament to provide for setting up the practical regime of right to information for citizens to secure access to information under the control of public authorities in order to permit transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith. As we are concerned with the appointment of Chief Information Commissioner, Central Information Commissioners, State Chief Information Commissioner and State Information Commissioner, it is not necessary to refer to various provisions of the RTI Act, 2005. Suffice it to refer to Sections 12 and 15 which provide for constitution of Central Information Commission and State Information Commission. The said provisions read thus :

(3.) IT would be thus seen that the Central Information Commission consists of Chief Information Commissioner and such number of Central Information Commissioners as may be deemed necessary but the number shall not exceed ten. The Chief Information Commissioner and Central Information Commissioners are appointed by the President of India. The appointment is made by the President on the recommendations of the Committee consisting of (i) the Prime Minister, who is the Chairperson of the Committee; (ii) the Leader of Opposition in the Lok Sabha and (iii) Union Cabinet Minister who is nominated by the Prime Minister. The Act provides that the Chief Information Commissioner and the Information Commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.