VIRENDRA SINGH CHOUDHARY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, a practising lawyer, has invoked the extraordinary and inherent jurisdiction of this Court under Article 226 of the Constitution of India seeking declaration that the provisions contained in Sections 12(5), 12(6), 15(5) and 15(6) of the Right to Information Act, 2005 (Act No. 22 of 2005) are unconstitutional being hit by Articles 14, 16 and 21 of the Constitution of India and further the provisions, on a bare look, fresco an anomalous picture inter se.

(2.) At the very outset think it seemly to state that sub-section (3) of Section 1 of the said Act stipulates 1 he provisions of subsection (1) of Section 4, sub-sections (1) and (2) of Section 5, Sections 12, 13, 15, 16, 24, 27 and 28 shall come into force at once and the remaining provisions of this Act shall come into force on the one hundred and twentieth day of its enactment. Section 2 is the dictionary section. Section 2 (d) defines 'Chief Information Commissioner' and Information Commissioner, sub-section (k) defines State Information Commission means the State Information Commission constituted under sub-section (1) of Section 15. Sub-section (1) defines 'State Chief Information Commissioner' and 'State Information Commissioner' to mean the State Chief Information Commissioner and the State Information Commissioner appointed under sub-section (3) of Section 15.

(3.) Chapter III of the Act deals with the Central Information Commission. Section 12 which occurs in this chapter provides for constitution of Central Information Commission. Sub-section (2) of the said section provides what would consist of the Central Information Commission. Sub-section (3) deals with the appointing authority. The said provision reads as under :