The Supreme Court Today (Jan 7) instructed the Central and State governments to provide clear timelines for filling vacant positions in the Central Information Commission (CIC) and State Information Commissions (SICs). Emphasizing the importance of the Right to Information (RTI) Act, the Court ordered specific steps to expedite appointments and directed Chief Secretaries to file compliance affidavits. The delays, especially in States like Jharkhand, were addressed, with interim measures proposed to ensure timely appointments. These actions aim to resolve long-standing issues that threaten the effectiveness of the RTI framework.
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NEW DELHI: The Supreme Court today directed the Department of Personnel and Training (DoPT) to provide a clear timeline for filling pending vacancies in the Central Information Commission (CIC) and State Information Commissions (SICs).
This decision came during a hearing before a Bench of Justices Surya Kant and NK Singh.
“We direct Secretary, DoPT to file an affidavit detailing timeline within which selection process will be completed and timeline within which appointments shall be notified. Let the list also be notified in terms of the Anjali Bhardwaj judgment. Let the requisite affidavit be filed in two weeks,”
-the Court stated.
The Court emphasized that filling SIC vacancies must be done promptly and ordered specific steps for State governments to follow:
- Notify the list of applicants within one week.
- Notify the search committee within one week.
- Provide a timeline for completing interviews, which must be within two weeks after candidates are finalized by the search committee.
- Appoint selected members within two weeks after interviews.
“Let the Chief Secretaries also inform about the number of vacancies which remain at the present,”
-the Court added, directing all State Chief Secretaries to file affidavits confirming compliance with these orders.
The case arose from a Public Interest Litigation (PIL) filed by RTI activist Anjali Bhardwaj and others, highlighting vacant positions in the CIC and SICs. The Court had previously issued similar orders, including one in November 2024, noting delays in filling positions and emphasizing the importance of the Right to Information (RTI) Act.
“It takes more than one year for a case to be listed today. This is the scenario and also this is how RTI is being made defunct … Jharkhand has stopped entertaining appeals to information commissions saying that it is defunct,”
-advocate Prashant Bhushan told the Bench during the hearing.
In 2023, the Court had stressed that persistent vacancies would undermine the objectives of the RTI Act. In November 2024, the Court noted specific SIC vacancies, such as seven in Maharashtra, eight in Karnataka, two in Chhattisgarh, one in Bihar, four in West Bengal, five in Odisha, and two in Tamil Nadu. Additionally, it observed that States like Jharkhand, Telangana, and Tripura had non-functional SICs for several years.
Regarding Jharkhand, the Court addressed delays in SIC member appointments due to a delay in naming the Leader of the Opposition (LoP) after the June 2024 Assembly Elections. The LoP is a key committee member in appointing SIC members.
“It is directed that largest opposition party in the Vidhan Sabha (should) nominate one of its elected members as LoP for the purpose of appointing … Information Commissioner. The needful shall be done in two weeks. Selection committee shall commence the selection process immediately thereafter … Let Jharkhand chief secretary file a compliance affidavit,”
-the Court ordered.
The Supreme Court has made it clear that the selection and appointment processes must adhere to previous judgments, warning of further action if procedures are not followed.
This marks another effort by the judiciary to safeguard the RTI framework and ensure its effective functioning.
CASE TITLE:
Anjali Bhardwaj & Ors. v. Union of India & Ors.
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