New Delhi, September 3
The Supreme Court today recalled its September 2012 verdict restricting the posts of Chief Information Commissioner (CIC) and ICs to judges of the SC or the Chief Justices of High Courts (sitting or retired in both cases) and ruled that these positions can be offered to eminent persons in the fields of law, science and technology, social service, management, journalism, administration and governance.

A Bench comprising Justices AK Patnaik and AK Sikri also allowed MPs and MLAs or persons holding any other office of profit, politicians, professionals and businessmen could also be appointed as CIC or ICs but they should give up such pursuits while holding these posts created under the transparency law, the Right to Information Act 2005. “As the judgement under review suffers from mistake of law, we allow the review petitions and recall the directions and declarations in the judgement,” the Bench said while issuing a fresh set of six directions.

The SC ruled that the CIC should ensure that matters involving intricate questions of law were heard by information commissioners who had wide knowledge and experience in the field of law.

On April 16, 2013, the SC had stayed its September 13, 2012 verdict while entertaining the review petitions.

Following today’s verdict, there is no need for Information Commissions to work in Benches of two members each, with one of them being a “judicial member” and the other an “expert member.”

The apex court acknowledged that it was for Parliament to consider whether appointment of judicial members in the ICs would improve their functioning. As sections 12(5) and 15(5) of the RTI Act did not provide for appointment of judicial members in the ICs, the SC direction restricting the posts to judges “was an apparent error,” it admitted.