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2013 Supreme(SC) 818

A.K.PATNAIK, A.K.SIKRI
Union of India – Appellant
Versus
Namit Sharma – Respondent


Judgment :-

A.K. Patnaik, J.

These are petitions filed under Article 137 of the Constitution of India for review of the judgment dated 13.09.2012 of this Court in Writ Petition (C) No.210 of 2012 (hereinafter referred to as ‘the judgment under review’).

Background Facts:

2. In Writ Petition (C) No.210 of 2012 filed under Article 32 of the Constitution of India, Namit Sharma, the respondent herein, had prayed for declaring the provisions of Sections 12(5), 12(6), 15(5) and 15(6) of the Right to Information Act, 2005 (for short ‘the Act’) as ultra vires the Constitution. Sections 12(5), 12(6), 15(5) and 15(6) of the Act are extracted hereinbelow:

“12(5) The Chief Information Commissioner and 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.”

“12(6) The Chief Information Commissioner or an Information Commissioner shall not be a Member of Parliament or Member of the Legislature of any State or Union Territory, as the case may be, or hold any other office of profit or connected with any political party or carrying on any b
















































































































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