The Supreme Court highlighted the critical vacancies in the Central Information Commission and state information commissions, warning that delays in appointments jeopardize the effectiveness of the RTI Act. Justices directed timely actions from the Centre and states, demanding that vacant posts be filled, and emphasized transparency in the appointment process to uphold citizens’ right to information and democratic principles.
New Delhi: The Supreme Court on Tuesday took serious note of the persisting vacancies in the Central Information Commission (CIC) and state information commissions (SICs), warning that delays in appointments could render the Right to Information (RTI) Act, 2005, ineffective.
A bench comprising Justices Surya Kant and Ujjal Bhuyan directed the Centre and states to apprise the court of steps taken to fill the posts, underscoring the need for swift action. “Where states have initiated the process, it should be completed within four weeks,” the bench said.
Highlighting the alarming state of vacancies, the bench pointed out that eight out of 11 sanctioned posts in the CIC, including the Chief Information Commissioner’s post, remain vacant. The court directed Additional Solicitor General Brijender Chahar, representing the Centre, to file an affidavit within two weeks detailing the measures undertaken to address these vacancies.
The bench also noted that SICs in Jharkhand, Tripura, and Telangana are virtually defunct due to the absence of information commissioners. It instructed the chief secretaries of these states to immediately initiate and expedite the appointment process.
State-Specific Updates
- Jharkhand: Advocate Arunabh Chowdhury explained that vacancies persisted due to the lack of a Leader of Opposition in the Assembly. “The quorum could not be completed. The new House will be sworn in on Wednesday, and thereafter the process will be initiated within four weeks,” he assured.
- Tripura: The state’s counsel informed the court that the process had begun in June, with appointments expected soon.
Advocate Prashant Bhushan, representing petitioner Anjali Bhardwaj, criticized the Centre and states for failing to comply with previous directives from the apex court. He argued, “They are virtually destroying the Right to Information Act. They are not filling the vacancies.”
The petitioner provided a chart detailing the vacancies across states, which include:
- Chhattisgarh: Two posts vacant.
- Bihar: One post vacant.
- West Bengal: Four posts vacant.
- Odisha: Five posts vacant.
- Tamil Nadu: Two posts vacant.
The Supreme Court has consistently pressed for timely appointments to safeguard the RTI Act. On October 30, 2022, it directed authorities to prevent the law from becoming a “dead letter” by ensuring vacancies were filled promptly. The court had previously emphasized that appointments be made within three months in compliance with its December 2019 judgment.
The court has also mandated transparency in the appointment process, including publicizing the names of search committee members on official websites and encouraging the inclusion of professionals from diverse fields, not just bureaucrats.
The Supreme Court’s firm stance reiterates the importance of transparency and accountability enshrined in the RTI Act. With mounting vacancies undermining the efficacy of information commissions, timely compliance by the Centre and states is critical to preserving the citizen’s right to information and upholding the principles of democracy.
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