[HumJanenge] Court cannot frame rules for appointment of CIC chief: HC
vishalkudchadkar
http://news.in.msn.com/national/article.aspx?cp-documentid=4490278
The Delhi High Court has refused to frame guidelines for appointment of Chief Information Commissioner saying it cannot "restrict" the discretionary power of a committee headed by the Prime Minister to decide a suitable person for the post."We cannot restrict the discretionary power of the high- powered committee headed by the Prime Minister to decide on the appointment of the Chief Information Commissioner,a bench comprising Chief Justice Dipak Misra and Justice Manmohan said.The Chief Information Commissioner is chosen by a committee comprising the Prime Minister, the Leader of the Opposition and a minister of the Union Cabinet.The court dismissed the plea of RTI activist Arvind Kejriwal who sought the court''s intervention in framing rules for the appointment of Chief Information Commissioner and other members of the Commission.He alleged there was manipulation by the Department of Personnel and Training, which recommends the name for the post to the committee, in the appointment Information Commissioner A N Tiwari as the CIC chief.The court, however, refused to entertain the plea and dismissed it, saying "we cannot legislate of frame rules".
Sundeep Jalan
The Learneds have failed to understand the fine delicacies of Judiciary and the functioning behavour of Judges. It has become a fashion to criticize govt nevertheless they deserve vehemently.
It is wholly misconceived to seek such a Relief from Court.
There is a doctrine called Separation of Powers.
In our scheme of Constitution, the Separation of powers is recognized as a basic feature of our functional democracy. The Separation of powers implies the exercise of powers by three organs of the 'State' in mutual restraint.
It is suffice to argue before Courts that every act of Govt must pass the test of Constitutionality and Court to decide "whether the present fashion & practice of Appointments satisfy the mandate of Article 16(1)."
If not, the Govt shall be directed to do such positive act which satisfy the mandate of Article 16(1).
We can win without whispering a word of criticism of the govt.
Sandeep Jalan (advocate)
Mumbai.
--- On Sat, 23/10/10, vishalkudchadkar <v_k...@yahoo.com> wrote:
From: vishalkudchadkar <v_k...@yahoo.com>
Subject: [HumJanenge] Court cannot frame rules for appointment of CIC chief: HC
To: HumJa...@yahoogroups.co.in
Date: Saturday, 23 October, 2010, 4:50 AM
http://news.in.msn.com/national/article.aspx?cp-documentid=4490278
The Delhi High Court has refused to frame guidelines for appointment of Chief Information Commissioner saying it cannot "restrict" the discretionary power of a committee headed by the Prime Minister to decide a suitable person for the post."We cannot restrict the
