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CS Executive · Jurisprudence, Interpretation and General Laws · Right to Information Law

Mr. Raghav Iyer, a practising advocate in Chennai, is proposed for appointment as an Information Commissioner of the Central Information Commission. He wishes to continue his legal practice alongside the post. What is the legal position under the RTI Act, 2005?

He cannot continue legal practice while serving as Information Commissioner. The Act disqualifies a Commissioner from carrying on any business or pursuing any profession, and it provides no exception for presidential permission, civil-only work or avoiding appearances before the Commission.

  1. AHe may continue practice if he does not appear before the Commission
  2. BHe may continue practice with the President's written permission
  3. CHe cannot hold the post while pursuing any professionCorrect
  4. DHe may continue practice if it is limited to civil matters

Explanation

Section 12(6) bars the Chief Information Commissioner or an Information Commissioner from being an MP or legislator, holding any other office of profit or one connected with a political party, carrying on any business or pursuing any profession. No exception for permission or limited practice exists, so the continued practice options are wrong.

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