A Committee comprising PM and the Leader of Opposition, recommends CICs names. Since, at present there is no Leader of Opposition, a recently-retired CIC has not been replaced. How to get around it?
There is some discussion about the fact that the replacement for the Chief Information Commissioner who retired last week cannot be appointed since the Leader of Opposition is missing. This is flawed since Section 12 (3) of the RTI Act clearly says :
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(Shailesh Gandhi served as Central Information Commissioner under the RTI Act, 2005, during 18 September 2008 to 6 July 2012. He is a graduate in Civil Engineering from IIT-Bombay. Before becoming a full time RTI activist in 2003, he sold his packaging business. In 2008, he was conferred the Nani Palkhivala Memorial Award for civil liberties.)
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As per Sc. 12(3) of RTI act 2005 the members of the recommending committee are PM, Leader of opposition and a Union Cabinet minister to be nominated by PM.
It is also incorrect to say that the replacement for the Chief Information Commissioner (CIC), who retired last week cannot be appointed since the Leader of Opposition (LoP) is missing. RTI Act by way of explanation to above section clarifies that for the purposes of removal of doubts, it is hereby declared that where the Leader of Opposition in the House of the People has not been recognised as such, the Leader of the single largest group in opposition of the Government in the House of the People shall be deemed to be the Leader of Opposition. So in so far as appointment of CIC/ICs is concerned there is no difficulty .