Petition challenges right to seek information from court Chandigarh, October 5 The Punjab and Haryana High Court has issued notices to Union Law Ministry on a Public Interest Litigation (PIL) challenging the powers of various Information Commissioners in seeking information (under
RTI Act) from High Courts and the Supreme Court. Filed by an advocate, the PIL has challenged the powers of even the Chief Information Commissioners at state and central level, as such power interferes with the independence of the Judiciary, which is part of the basic structure of the Indian Constituion.
The petitioner argued that no such power can be conferred on information commissioners under the
RTI Act, without bringing an amendment to the Constitution of India.
He also challenged the criteria and procedure used in appointing information commissioners at the state and central level by relying on a judgment of Constitution Bench in N Sampath Kumar’s case (1987), wherein it was held that no appointment to the post of chairman and administrative member of the Central Administrative Tribunal can be made by the central or state governments alone, as those members have to decide cases filed by employees against the government.
The petitioner further argued that the SC had given two options to the Union Government, viz. (i) Consult the Chief Justice of India (CJI) before making such appointments or constitute a committee headed by the CJI or some other Judge for recommending the names. The central or state governments therefore cannot make appointments to the post of Information Commissioners without consultation in this manner, argued the advocate.
He also argued the fact that since no specific qualifications have been prescribed for appointment to these posts, arbitrary powers conferred on the governments to make such appointments lowers the constitutional status of Judges of the High Courts, including Chief Justices of the High Courts and Supreme Courts Judges, argued the advocate.
He called for a procedure that was somewhat comparable to that of the appointment of High Court and Supreme Court Judges.
Petition challenges right to seek information from court