Read Time: 07 minutes

Supreme Court today, while hearing a plea seeking filling up of vacancies at Information Commissions and devising a transparent method of appointments, granted 3 weeks to all appearing States to file fresh Status Report, including pendency of Cases at Information Commissions.

A Division Bench of Justice S. Abdul Nazeer and Justice Krishna Murari, while hearing the matter today, pulled up States for non-compliance of Anjali Bhardwaj v. Union of India, decided in 2019 and further warned to issue notice to Chief Secretaries if the mandate for each State is not followed.

Detailed Submission By Each State and Directions Issued

Maharashtra

Adv. Prashant Bhushan, appearing for the Petitioner submitted that only 4 Information Commissioners inclusive of Chief Information Commissioner are working - As per Para 57 of the Judgment 1+10 should be the sanctioned strength.

Counsel for the State of Maharashtra sought time. The bench categorically said that the directions issued by Judgement dated Feb 15, 2019 has to be followed unequivocally - 3 weeks granted to respond.

Karnataka

Adv. VN Raghupati appeared for State of Karnataka – informed that 1+7 is the ongoing strength. As per the judgment, the State was advised to fill 3 vacancies.

The bench directs to file a Status Report within 3 weeks.

Odisha

Counsel appearing for Odisha, Mr. Ankit Agarwal informed the bench that sanctioned strength is 1+5 – "we have been suggested by the Supreme Court to create 3 posts, we have created 2 posts."

"Three is the minimum strength indicated by us - It can be more than that but not less," Court said.

Recording submissions of the Ld. Counsel, the bench said, "As of now, 4 information commissioners are working and they have advertised for the post of Chief Information Commissioner and 4 Information Commissioners – However, in view of the Court observation of creating at least 3 posts, Counsel seeks time to respond – 3 weeks to file Status report”

Telangana

Counsel appearing for State of Telangana, Shri Venkat Reddy informed about the sanctioned strength and working strength – cited COVID for non-filling up of posts

“COVID is there for all States not for your State Alone,” Court expressing displeasure, said.

Kerala, West Bengal and Nagaland were issued 3 weeks to file similar reports.

Jharkhand

Advocate Prashant Bhushan informed that the State of Jharkhand, in terms of Information Commissioners, is "defunct officially" 

State of Jharkhand was not impleaded and a fresh WP was filed in that respect - Court, while taking into consideration that notice was issued in that connected plea back in January, 2021 and no steps have been taken yet, granted 3 weeks time to file Status Report and warned of issuing notice to the State Chief Secretary.

Brief Background

The present PIL seeks to ensure filling up of vacancies at Central Information Commission as well as the various State Information Commissions, on the ground that RTI is a time-bound legislation and prescribes statutory timelines for providing information – In such a case, the authorities not running in full strength jeopardizes the interest of Citizens, thereby infringing their Right to Information, a facet to Article 19 & 21.

It has also been alleged by the Petitioners that there is lack of transparency in appointment of Information Commissioners in as there is no defined procedure or transparency, in shortlisting, selection and appointment of Information Commissioners.

By judgment dated February 15, 2019, the Top Court laid the following three aspects, for the respondents to answer:

(a) Timely filling up of the vacancies to ensure that the work of the Information Commissioners does not suffer.

(b) Transparency in the mode of appointments.

(c) Terms and conditions on which these appointments are to be made should be clearly stated.

Case Title: Anjali Bhardwaj v. Union of India