Case Note & Summary
This Public Interest Litigation was filed under Article 32 of the Constitution of India seeking effective implementation of the Right to Information Act, 2005 (RTI Act). The petitioners, Anjali Bhardwaj and others, highlighted that the Central Information Commission (CIC) and State Information Commissions (SICs), which are statutory bodies created to decide appeals and complaints under the RTI Act, were suffering from large numbers of vacancies. This led to significant backlogs of appeals and complaints, with some commissions having a waiting time of over one year. The petitioners argued that the RTI Act is a time-bound legislation, with Sections 7 and 19 prescribing statutory timelines for providing information and disposing of appeals. The failure to fill vacancies in a timely manner was frustrating the very purpose of the Act, as citizens were unable to access information promptly. The petition sought directions to the Union of India and various state governments to fill vacancies in the CIC and SICs in a transparent and time-bound manner, and to evolve a transparent selection process. The Supreme Court, in its analysis, emphasized that the right to information is a fundamental right under Article 19(1)(a) of the Constitution, as established in earlier judgments such as State of Uttar Pradesh v. Raj Narain and S.P. Gupta v. President of India. The Court noted that the RTI Act is designed to enforce this fundamental right and that the Information Commissions are the guardians of the Act. The Court examined the vacancy position and backlog in the CIC and SICs of the respondent states, and directed the Union of India and state governments to take immediate steps to fill vacancies, commence the selection process at least three months prior to the occurrence of a vacancy, and ensure transparency in the selection process by publishing advertisements, disclosing eligibility criteria, and making public the minutes of selection committee meetings. The Court also directed that all records of deliberations and rational criteria related to shortlisting and selection be properly recorded and made available to citizens under the RTI Act.
Headnote
A) Constitutional Law - Right to Information - Fundamental Right - Article 19(1)(a) of the Constitution of India - The right to information is a fundamental right flowing from Article 19(1)(a) and Article 21 of the Constitution, essential for transparency and accountability in a democracy (Paras 10-12). B) Right to Information Act, 2005 - Time-Bound Legislation - Sections 7 and 19 - The RTI Act prescribes statutory timelines for providing information and disposing of appeals, making it a time-bound legislation to enforce the fundamental right to information (Para 2). C) Information Commissions - Vacancies and Backlog - Central Information Commission and State Information Commissions - The failure to fill vacancies in a timely manner leads to huge backlogs of appeals and complaints, frustrating the purpose of the RTI Act (Paras 1-6). D) Appointment of Information Commissioners - Transparency - Right to Information Act, 2005 - The selection process for Information Commissioners must be transparent, including public advertisement, disclosure of eligibility criteria, and publication of minutes of selection committee meetings (Paras 7-8).
Issue of Consideration
Whether the Union of India and State Governments are obligated to fill vacancies in the Central Information Commission and State Information Commissions in a timely and transparent manner to ensure effective implementation of the Right to Information Act, 2005
Final Decision
The Supreme Court directed the Union of India and state governments to take immediate steps to fill vacancies in the Central Information Commission and State Information Commissions in a transparent and time-bound manner. The Court also directed that the selection process for Information Commissioners should commence at least three months prior to the occurrence of a vacancy, and that all records of deliberations and rational criteria related to shortlisting and selection be properly recorded and made available to citizens under the RTI Act.
Law Points
- Right to information is a fundamental right under Article 19(1)(a) of the Constitution
- RTI Act is a time-bound legislation
- vacancies in Information Commissions must be filled promptly to prevent backlogs
- transparency in appointment of Information Commissioners is essential
