Sohan Singh, aged sixty-two, was working as an Information Commissioner. In the midst of his tenure, after serving one year as an Information Commissioner, he was appointed as the Chief Information Commissioner. Discuss

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2025
Sohan Singh, aged sixty-two, was working as an Information Commissioner. In the midst of his tenure, after serving one year as an Information Commissioner, he was appointed as the Chief Information Commissioner. Discuss in detail, whether he can be appointed as the Chief Information Commissioner, and explain the terms of office of the Central Information Commission under the Right to Information Act, 2005.

Answer & Explanation:

According to Right to Information Act, 2005 the term of office of Central Information Commission as follows- The Chief Information Commissioner shall hold office for such term as may be prescribed by the Central Government and shall not be eligible for reappointment: Provided that no Chief Information Commissioner shall hold office as such after he has attained the age of sixty-five years. Every Information Commissioner shall hold office for such term as may be prescribed by the Central Government or till he attains the age of sixty-five years, whichever is earlier, and shall not be eligible for reappointment as such Information Commissioner: Provided that every Information Commissioner shall, on vacating his office under this sub-section be eligible for appointment as the Chief Information Commissioner in the manner specified in section 12: Provided further that where the Information Commissioner is appointed as the Chief Information Commissioner, his term of office shall not be more than five years in aggregate as the Information Commissioner and the Chief Information Commissioner. The Chief Information Commissioner or an Information Commissioner shall before he enters upon his office make and subscribe before the President or some other person appointed by him in that behalf, an oath or affirmation according to the form set out for the purpose in the First Schedule. The Chief Information Commissioner or an Information Commissioner may, at any time, by writing under his hand addressed to the President, resign from his office: Provided that the Chief Information Commissioner or an Information Commissioner may be removed in the manner specified under section 14. The salaries and allowances payable to and other terms and conditions of service of the Chief Information Commissioner and the Information Commissioners shall be such as may be prescribed by the Central Government: Provided that the salaries, allowances and other conditions of service of the Chief Information Commissioner or the Information Commissioners shall not be varied to their disadvantage after their appointment. The Central Government shall provide the Chief Information Commissioner and the Information Commissioners with such officers and employees as may be necessary for the efficient performance of their functions under this Act, and the salaries and allowances payable to, and the terms and conditions of service of the officers and other employees appointed for the purpose of this Act shall be such as may be prescribed. In the given situation, Sohan Singh aged sixty-two who was working as Information Commissioner (IC) was appointed as the Chief Information Commissioner (CIC) in the midst of his tenure, after one year of his appointment as Information Commissioner. He is eligible for appointment as CIC under the second proviso to Section 13(2). However, since he has already served one year as Information Commissioner, and the aggregate tenure in both positions cannot exceed five years, his remaining tenure as CIC will be limited to four years. Moreover, as he is already sixty-two, he can serve only up to the age of sixty-five.

Topics: Right to Information Act, 2005

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