SC admits mistake, recalls its verdict on Info Commissioners

In a rare action, the Supreme Court today recalled an earlier order admitting that it had committed a "patent error" by directing that only sitting or retired high court chief justices or an apex court judge can head information commissions.

Conceding that its Sep 13, 2012 verdict, directing amendment in Right to Information Act for appointment of judicial members, encroached upon the legislative domain, the apex court said that its judgement "suffers from mistake of law".

A bench of justices A K Patnaik and S K Sikri recalled the slew of directions passed by the apex court last year.

"As the judgement under review suffers from mistake of law, we allow the review petitions, recall the directions and declarations in the judgement under review," the bench said.

"Legislature confers discretion on the rule making authority to make rules. In the judgement under review, therefore, this Court made a patent error in directing the rule making authority to make rules within a period of six months," it said and recalled the verdict which was written by Justice Swatanter Kumar, who has since retired.

The bench said that Information Commissions have many times passed orders which are beyond the provisions of the transparency act , which prompted the apex court to pass direction for appointment of judicial members in the Commissions.

"This experience of the functioning of the Information Commissions prompted this Court to issue the directions in the judgement under review to appoint judicial members in the Information Commissions.

"But it is for Parliament to consider whether appointment of judicial members in the Commissions will improve the functioning of the Information Commissions and as Sections 12(5) and 15(5) of the Act do not provide for appointment of judicial members in the Information Commissions, this direction was an apparent error," the bench said.