The Ministry of Personnel on Friday invited applications from ‘eligible’ candidates’ (last date to apply is October 3) to fill up the vacancies for two posts of Information Commissioners in the Central Information Commission (CIC).
Two of the ten Information Commissioners in the present CIC are due for retirement over the course of the next five months — M.A. Khan Yusufi (due for retirement on December 31) is an Indian Legal Service cadre officer of the 1988 batch, who served as Chairperson, Airport Appellate Tribunal in 2012-13 before joining the Commission, and Basant Seth (due to demit office in February 2017), is a Chartered Accountant with over 37 years experience in the areas of banking, finance, corporate and taxation laws, accounting standards, audit, compliance, and administration.
Ever since the Right to Information (RTI) Act became a potent instrument of change for civil society, the posts of Information Commissioners have been coveted by serving and retired senior bureaucrats, and eminent persons from various walks of life. In fact, the salary and allowances payable to the Information Commissioner match that of the Election Commissioner (a Constitutional post).
The Act prescribes that the Information Commissioner shall be a person of eminence in public life, with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media, or administration and governance.
An Information Commissioner cannot be a Member of Parliament or a Member of the Legislature of any State or Union Territory, or hold any other office of profit, or be connected with any political party, or be engaged in any business enterprise, or pursue any profession.
The Supreme Court, while dealing with a review petition in 2013, addressed the question of qualifications and eligibility for candidates to the post of Information Commissioner.
While upholding the sections of the RTI dealing with eligibility for holding the office of Information Commissioner, the apex court had directed that committees making recommendations to the President must indicate against the name of the candidate recommended his or her eminence in public life, knowledge and experience in a particular field, and this must be accessible to citizens.
“We also direct that wherever the Chief Information Commissioner is of the opinion that intricate questions of law will have to be decided in a matter coming up before the Information Commission, he will ensure that the matter is heard by an Information Commissioner who has wide knowledge and experience in the field of law,” the SC had said.
The Information Commissioner holds office for a term of five years from the date on which he takes up the office, or till he attains the age of 65 years, whichever is earlier.
RTI activists have been making a strong case that the government should consider applicants from civil society also.
