The exclusion of certain categories in the provisions of the Right to Information Act, 2005 was found to be reasonable and in line with the purpose of the Act, thus not violating the Constitution.

( 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 :

" (3) The Chief Information Commission and Information Commissioners shall be appointed by the President on the recommendation of a committee consisting of - (i) the Prime Minister, who shall be the chairperson of the Committee; (ii) the Leader of Opposition in the Lok sabha; and (iii) a Union Cabinet Minister to be nominated by the Prime Minister. Explanation :- For the purposes of removal of doubts, it is hereby declared that where the Leader of Opposition in the House of the People has not been recognised as such the Leader of the single largest group in opposition of the Government in the house of the People shall be deemed to be the Leader of Opposition. "

( 4 ) SUB-SECTION (4) of Section 12 deals with general superintendence. Sub-sections (5) and (6) of Section 12 which are the sub-ject-matter of assail on the constitutional anvil read as under :

" (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. (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 business or pursuing any profession. "

( 5 ) SUB-SECTION (5) and (6) of Section 15 which are under attack are reproduced below :

" (5) The State Chief Information Commissioner and the State 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. (6) The State Chief Information Commissioner or a State 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 business or pursuing any profession. "

( 6 ) IT is contended that sub-section (6) of section 12 is inconsistent with the objects of the Act ina