HC asks state govt to fill vacancies of information commissioners

In its counter affidavit,the UP government said that certain provisions of the Right to Information Act,2005,which is a Central act,were under challenge before the apex court in the case of Namit Sharma Vs. Union of India and the apex court by its judgment dated September 13,2012,had issued a number of directions in order to make the Act constitutionally valid as well as workable.

According to the stand of the state of UP,these directions include directions to the concerned legislature to reword or amend the provisions of sub-sections 12 (5),12 (6),15 (5) and 15 (6) of the Act. The counter affidavit also disclosed that soon after the judgment,the Union of India preferred a review application.

The apex court had held that henceforth,as the respective level,that is Central or State,the information commission shall work in benches of two members each – one of them being a “judicial member” and the other “expert member”. It has also prescribed qualifications for judicial members and and the chief information commissioner.

In its order,the high court said that the directions of the apex court must be worked out by the authorities concerned without waiting for the legislature to reward or amend the relevant provisions as indicated in that judgment.

The HC observed that no doubt,legislature has been given freedom to reward or amend the provisions to avoid any ambiguity or impracticability,but such direction could not be construed as a hindrance in the working of the Act till the legislative amendments are carried out.

The court said that the exercise should be completed and vacant posts should be filled up at an early date,preferably within three months. It stated that its order and direction shall be subject to any order or direction which may be passed by the Supreme Court in the pending review application filed in connection with the judgment in the case of Namit Sharma.

Incidentally,the day after the high court passed this order,the Supreme Court stayed its own order which the state had quoted for not making the appointments.