JAGTIV · Previous Year Questions

UPPSC

GENERAL KNOWLEDGE · 2015

Previous Year Question

Which of the following is related to Right to Information Act, 2005?

A.

Lily Thomas v/s Union of India

B.

Nandini Sundar v/s State of Chhattisgarh

C.

Namit Sharma v/s Union of India

D.

None of the above

Correct Answer: C

Detailed Solution

Namit Sharma v. Union of India was an important Supreme Court case directly concerning the Right to Information Act, 2005.

The petitioner challenged Sections 12(5), 12(6), 15(5) and 15(6) of the RTI Act. These provisions principally concern the eligibility and appointment of the Chief Information Commissioner and Information Commissioners in the Central and State Information Commissions.

In its original judgment dated 13 September 2012, the Supreme Court issued several directions concerning the nature of Information Commissions and the appointment of Information Commissioners, including directions relating to judicial members.

Important Legal Update

On 3 September 2013, while deciding review petitions, the Supreme Court recalled several directions contained in its 2012 judgment. It clarified that Information Commissions do not exercise judicial powers like courts or tribunals but perform administrative functions under the RTI Act. Consequently, the earlier direction requiring mandatory judicial members was withdrawn.

The Court also declared that Sections 12(5) and 15(5) are not unconstitutional and stated that persons considered for appointment should possess wide knowledge and experience in fields specified by the Act, including law, science and technology, social service, management, journalism, mass media, administration and governance.

It is also useful to distinguish the other options—

Lily Thomas v. Union of India is primarily associated with disqualification of convicted legislators and the Representation of the People Act.

Nandini Sundar v. State of Chhattisgarh principally concerned Salwa Judum/Special Police Officers and human-rights issues in Chhattisgarh.

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