Central Information Commissioner
Context:
- The Supreme Court directed the Central government to place on record the latest information on the appointment of Information Commissioners, vacancies and pendency of cases in the Central Information Commission (CIC).
Allegations on the government:
- “party acolytes” and bureaucrats have been shortlisted and appointed to the CIC in an opaque manner.
- the dissent note was not put on record.
- more than 300 people had applied for Information Commissioner posts. But, the appointed person hasn’t even applied for the post.
- pendency of the cases in the CIC has grown to 36000. The RTI Act is being destroyed.
Court guideline on appointment:
- Court had directed in 2019 that the criteria for selection should be formulated and made public.
- the appointment process should be transparent and has to be put in the public domain.
About Central Information Commissioner
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Members |
headed by the Chief Information Commissioner and not more than ten Information Commissioners
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Tenure |
shall hold office for such term as prescribed by the Central Government or until they attain the age of 65 years |
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Appointment |
by the President on the recommendation of a committee consisting of the Prime Minister as Chairperson, the Leader of Opposition in the Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister. |
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Reappointment |
Not eligible |
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Functions |
Order enquiry into any matter on reasonable grounds only (suo-moto power). Secure compliance of its decision power to examine any record under the control of the public authority. Has the power of civil court to summon any authority
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Recusal of Judges
Context:
- Justice Chanda has recused himself from hearing the petition filed in the Calcutta High Court by West Bengal Chief Minister Mamata Banerjee challenging the Assembly poll result in Nandigram but imposed a fine of Rs 5 lakh on her.
About Judges Recusal:
- Judges recusal is the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative officer.
General Grounds for Recusal:
- Interest in the subject matter, or relationship with someone who is interested in it.
- Background or experience, such as the judge’s prior work as a lawyer.
- Personal knowledge about the parties or the facts of the case.
- Ex parte communications with lawyers or non-lawyers.
- Rulings, comments or conduct.
- No person should be a judge in her own cause.
- In some cases, prejudice is presumed.
Reasons behind Recusal:
- Free from disabling conflicts of interest
- To dispense justice fairly and fearlessly
- Deliver justice, “without fear or favour, affection or ill-will”.
- It underpins twin pillars of independence and impartiality.
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