The failure of governments to appoint information commissioners was undermining the public’s Right to Information, warns the apex court
NEW DELHI – The Supreme Court on Monday expressed serious concern over the large number of vacancies in the Central and State Information Commissions. The court warned that the failure of governments to appoint information commissioners was undermining the public’s Right to Information (RTI).
The bench of Justice Surya Kant and Justice Bagchi issued firm directions to several states to expedite pending appointments and restore the functioning of defunct commissions.
The court was hearing a petition filed by RTI activists Anjali Bhardwaj, Commodore Lokesh Batra (Retd), and Amrita Johri, represented by advocates Prashant Bhushan and Rahul Gupta. During the hearing, Bhushan drew the court’s attention to the “alarming collapse” of the transparency framework due to vacancies that have crippled both the Central Information Commission (CIC) and multiple State Information Commissions (SICs).
The petitioners informed the court that the CIC was currently functioning without a Chief Information Commissioner for over two months. Out of 10 sanctioned posts for information commissioners, eight remain vacant, leaving the body severely understaffed despite a backlog of nearly 30,000 pending appeals and complaints.
States in Crisis
Jharkhand and Himachal Commissions were defunct.
The bench was apprised of an equally troubling situation across states.
Jharkhand: The SIC has been completely defunct for over five years and recently stopped even registering new cases.
Himachal Pradesh: The SIC has remained non-functional for more than four months.
Chhattisgarh: Only one commissioner is handling nearly 35,000 pending matters.
Maharashtra: With three vacancies and one of the highest backlogs in the country, the SIC is struggling under the weight of nearly a lakh pending cases.
Tamil Nadu: Though facing 41,000 pending appeals, the government has sanctioned only seven commissioner posts, far below the requirement.
Madhya Pradesh: The SIC has just four commissioners for 20,000 pending cases.
Petitioners argued that despite massive backlogs, governments have shown “complete disregard” for statutory responsibilities, resulting in delays exceeding one year in the disposal of RTI appeals.
Taking note of the widespread vacancies, the Supreme Court issued specific directions to the state governments:
Himachal Pradesh: Fill all vacancies within two months.
Jharkhand: Complete the appointment process within one month.
Union Government: Expedite the selection committee meeting and finish the appointment process for the CIC “at the earliest”.
The bench noted that timely appointments were critical to uphold the spirit of the 2019 Anjali Bhardwaj judgment, which mandated transparency and openness in the selection process for information commissioners.
Karnataka’s ‘Significant Progress’
Since the previous hearing on October 27, Karnataka’s Congress government under Congress has filled all vacancies in its commission. The court recognised this as “significant progress,” with the SIC now operating at full strength with 11 commissioners.
Concluding the proceedings, the Supreme Court said it would take up the matter again in the coming days to review compliance.
The petitioners urged that unless governments adhere to their statutory duties and ensure transparent, timely appointments, the RTI Act will continue to be weakened, depriving citizens of a key democratic tool to demand accountability.
