Supreme Court has yesterday passed a sweeping order about the Information Commissions without given proper time to the Govt. for the transformation from the old system to new. The new Commissioners with legal knowledge like Justices and Chief Justice cannot be appointed overnight without following some system and till then, the will of the Commission may come to the standstill.
It would have been better if the SC should have given time as the govt. will require time to fill the existing and forthcoming vacancies with the persons of legal background. Govt. reaction to this decision is not known so far and it may object to the advice given by the Court to the govt. for amending the rules governing the appointment of Information Commissioners. It will not be a surprise if the govt. apply for the review of this decision terming the same as in interference in its work governing the policy. It may also say that the decision is erroneous as it implicitly issue direction to the Parliament to amend an Act passed by it.
The Apex Court should pay its attention towards this and should grant some time for the smooth transformation from old to new. It may issue directions that till the 50% Commissioners are appointed with possessing legal knowledge, no new Commissioner will be appointed without legal knowledge so that the Info Commissioners with legal background are made available for constituting two members benches.
Without this, the order in effect will work to the detriment of the appellant and immediate death of the system of hearing and passing orders on second appeal till an alternative start working.
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