A Bench consisting of Justice Surya Kant and Justice Ujjal Bhuyan issued directions to ensure the timely appointment of information commissioners in these bodies, which are essential for implementing the Right to Information (RTI) Act.
NEW DELHI: The Supreme Court called for immediate action to address the vacancies in the Central Information Commission (CIC) and various State Information Commissions (SICs).
A Bench consisting of Justice Surya Kant and Justice Ujjal Bhuyan issued directions to ensure the timely appointment of information commissioners in these bodies, which are essential for implementing the Right to Information (RTI) Act.
Advocate Prashant Bhushan represented the Petitioners, while ASG Brijender Chahar and Senior Advocate Arunabh Choudhary appeared for the Respondents. The directions followed the public interest litigation (PIL) petition filed by RTI activist Anjali Bhardwaj and others.
Advocate Bhushan informed the Court about the substantial vacancies based on a status report submitted on November 11.
During a hearing on November 26, the Court noted that eight positions in the CIC remain vacant, with only three Information Commissioners in office. It instructed ASG Brijender Chahar to submit a status report within two weeks, outlining efforts to fill these vacancies. The Court also highlighted significant vacancies in several SICs, including:
- Maharashtra: 7 vacancies
- Karnataka: 8 vacancies
- Chhattisgarh: 2 vacancies
- Bihar: 1 vacancy
- West Bengal: 4 vacancies
- Odisha: 5 vacancies
- Tamil Nadu: 2 vacancies
Additionally, the SICs in Jharkhand, Telangana, and Tripura have been non-functional for years due to a lack of appointments. The Court directed these States to submit status reports within two weeks, detailing timelines for initiating and completing the appointment process. Other States were also asked to provide details on the total number of sanctioned posts in their SICs, current vacancies, and timelines for filling them.
The Court remarked,
“We do not comment on the reasons given by Jharkhand for not appointing an Information Commissioner, but we direct the Chief Secretary of Jharkhand to ensure the appointment process begins within four weeks, with a compliance affidavit filed accordingly.”
Regarding Telangana, the Court noted that the selection process started in June 2024, and directed the State to file a status report detailing the expected timeline for appointments.
Similarly, the Court instructed Tripura to file a status report on its ongoing selection process and timeline for filling the vacancies. All States were directed to submit reports through their respective Chief Secretaries, detailing the number of sanctioned posts, vacancies, and timelines for filling them.
The next hearing is scheduled for December 17, 2024.
The Jharkhand government informed the Court that the state had recently held elections, and until October 2023, the selection panel’s coram was incomplete due to the absence of a leader of the Opposition in the assembly. Both Telangana and Tripura stated that the appointment process had already been initiated.
The Supreme Court has been overseeing the filling of vacancies in the CIC and SICs since its 2019 ruling, where it emphasized that the RTI Act was not only designed to uphold freedom of speech but also had the potential to “bring about good governance, which is a vital component of any vibrant democracy.”
