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2012 Supreme(SC) 614

A.K.PATNAIK, SWATANTER KUMAR
NAMIT SHARMA – Appellant
Versus
UNION OF INDIA – Respondent


Judgement Key Points

Key Points: - The Supreme Court holds Sections 12(5) and 15(5) constitutionally valid with a reading down to include a basic degree and post-qualification experience in the relevant field (!) (!) . - It reads Sections 12(6) and 15(6) as applicable post-appointment restrictions (cessation of prior offices/business/profession) to ensure eligibility, rather than pre-appointment disqualification, to some extent reinterpreting the provisions to maintain equality (!) . - The Act is a judicial/ quasi-judicial framework; Information Commissioners possess adjudicatory powers and must operate with a judicial mind, necessitating legally trained personnel (!) (!) (!) (!) . - Appointments should involve consultation with judiciary and a fair, transparent process, including a High Powered Committee, with benching (one judicial member and one expert) and consultation requirements as outlined (!) (!) (!) . - The proceedings and orders of Information Commissions are subject to judicial review, preserving supremacy of Article 141 precedents and High Court/Supreme Court oversight (!) (!) . - The judgment directs procedural rules to be framed within six months to implement these constitutional interpretations and appointment processes (!) .

How to determine the constitutionality of Sections 12(5) and 15(5) of the Right to Information Act, 2005?

What is the appropriate interpretation of the eligibility criteria in Sections 12(5) and 15(5) to satisfy Article 14?

What is the proper method for appointing Central and State Information Commissioners to ensure judicial independence and public confidence?


JUDGMENT

Swatanter Kumar, J.-The value of any freedom is determined by the extent to which the citizens are able to enjoy such freedom. Ours is a constitutional democracy and it is axiomatic that citizens have the right to know about the affairs of the Government which, having been elected by them, seeks to formulate some policies of governance aimed at their welfare. However, like any other freedom, this freedom also has limitations. It is a settled proposition that the Right to Freedom of Speech and Expression enshrined under Article 19(1)(a) of the Constitution of India (for short ‘the Constitution’) encompasses the right to impart and receive information. The Right to Information has been stated to be one of the important facets of proper governance. With the passage of time, this concept has not only developed in the field of law, but also has attained new dimensions in its application. This court while highlighting the need for the society and its entitlement to know has observed that public interest is better served by effective application of the right to information. This freedom has been accepted in one form or the other in various parts of the world. This Court, in absen



































































































































































































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