Transparent and Merit-based Appointment process for Information Commissioners: SC

Transparent and Merit-based Appointment process for Information Commissioners

Summary of the Judgment

In this case the Supreme Court of India delivered a significant judgment. The case was a public interest litigation (PIL) that was filed by an NGO, seeking the implementation of the Right to Information (RTI) Act, 2005.

The main issue in the case was the appointment of Information Commissioners at the Central Information Commission (CIC) and State Information Commissions (SICs). The petitioner contended that the appointment process lacked transparency and was not in accordance with the RTI Act. The petitioner argued that the appointment process violated the principles of independence, impartiality, and expertise, which were essential for the functioning of the CIC and SICs.

The Supreme Court, in its judgment, directed the Centre and States to strictly adhere to the provisions of the RTI Act in the appointment process of Information Commissioners. The Court held that the appointment process must be transparent, objective, and based on the principle of merit. The Court further directed the Centre and States to make the appointment process public and to disclose the criteria for appointment.

The Court also held that the search and selection committees must comprise of independent persons with impeccable integrity, and that the process of selection must be based on objective criteria. The Court emphasized that the search and selection committees must have a broad-based representation, and that civil society organizations must be included in the selection process.

Furthermore, the Court directed the Centre and States to ensure that the tenure of Information Commissioners is not compromised in any manner, and that they are given adequate resources to carry out their functions effectively. The Court held that the CIC and SICs play a critical role in ensuring transparency and accountability in governance, and that their independence and impartiality must be safeguarded at all times.

In conclusion, the judgment is significant as it lays down important guidelines for the appointment of Information Commissioners at the CIC and SICs. The judgment emphasizes the importance of transparency, independence, and expertise in the appointment process, which are essential for ensuring the effective functioning of these bodies. The judgment reinforces the right to information as a fundamental right and upholds the principles of accountability and transparency in governance.