Should RTI Is A Judicial Body Or Administration Wing?
CIC JUDICIAL BODY OR ADMINISTRATION WING?
Central Information Commission (CIC) set up under RTI (Right to Information) Act, 2005 is an authorized body to provide information to the individuals, by acting on the complaints from them who hasn’t received the information from the public authority. There has been a Quaeitur (Question raised) that whether this authorized body is a judicial body or administrative. It was a perplexing stage for the Supreme Court once when SC expressed diversified views in two cases and reversing its own judgment.
In 2013, Supreme Court held that the “functions of Information Commissions are administrative, not the Judicial functions, because a person has a right to information and commission ensures that the information …show more content…
It empowers the functions and powers as adjudicatory in character and legal in nature. The various provisions of the RTI Act are clear indicators that Commission is a Judicial Tribunal and not a ministerial tribunal which is more influenced and performs functions similar to that of the machinery of administration.” This decision of Supreme Court was criticised because it has almost redrafted the provisions of the RTI Act, regarding the qualifications of IC. SC said there is an absolute need to amend the provisions of Sec. 12(5), 12(6), 15(5) and 15(6) of the Act. SC further stated that it is an indubitable proposition of law to state that Commission is a ‘Judicial Tribunal’ performing functions of both Judicial and Quasi-Judicial Nature. It is also a part of a system of Administration of …show more content…
Namit Sharma where all those errors which arose were removed and restored the original intent. In this case decided by Judges A K Sikri and A K Patnaik, they reviewed and reversed the conclusions which were laid down in an earlier case. They directed the committees that while making recommendations to the President or Governor for an appointment of Chief Information Commissioner and Information Commissioners under Sec 12(3) and 15(3) of the Act; they must ensure that the recommended candidates have knowledge and experience in the particular
Central Information Commission (CIC) set up under RTI (Right to Information) Act, 2005 is an authorized body to provide information to the individuals, by acting on the complaints from them who hasn’t received the information from the public authority. There has been a Quaeitur (Question raised) that whether this authorized body is a judicial body or administrative. It was a perplexing stage for the Supreme Court once when SC expressed diversified views in two cases and reversing its own judgment.
In 2013, Supreme Court held that the “functions of Information Commissions are administrative, not the Judicial functions, because a person has a right to information and commission ensures that the information …show more content…
It empowers the functions and powers as adjudicatory in character and legal in nature. The various provisions of the RTI Act are clear indicators that Commission is a Judicial Tribunal and not a ministerial tribunal which is more influenced and performs functions similar to that of the machinery of administration.” This decision of Supreme Court was criticised because it has almost redrafted the provisions of the RTI Act, regarding the qualifications of IC. SC said there is an absolute need to amend the provisions of Sec. 12(5), 12(6), 15(5) and 15(6) of the Act. SC further stated that it is an indubitable proposition of law to state that Commission is a ‘Judicial Tribunal’ performing functions of both Judicial and Quasi-Judicial Nature. It is also a part of a system of Administration of …show more content…
Namit Sharma where all those errors which arose were removed and restored the original intent. In this case decided by Judges A K Sikri and A K Patnaik, they reviewed and reversed the conclusions which were laid down in an earlier case. They directed the committees that while making recommendations to the President or Governor for an appointment of Chief Information Commissioner and Information Commissioners under Sec 12(3) and 15(3) of the Act; they must ensure that the recommended candidates have knowledge and experience in the particular