On Monday, in a development emphasising procedural adherence in the appointment of transparency watchdogs, the Supreme Court recorded the Centre’s submission that the Prime Minister-led selection panel is scheduled to meet on December 10 to recommend names for the Chief Information Commissioner (CIC) and other Information Commissioners of the Central Information Commission. The Bench, comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi, deferred further hearing while seeking detailed reports on vacancies and pendency in the State Information Commissions (SICs), signalling the Court’s insistence on systematic compliance rather than ad hoc intervention.
The case arose from a public-interest litigation highlighting the persistent vacancies in the CIC and various SICs, resulting in a substantial backlog of appeals and complaints under the Right to Information Act, 2005. Petitioners, including activists Anjali Bhardwaj and others, contended that delayed appointments by both the Centre and state governments were undermining the statutory objectives of transparency and accountability. The CIC, at present, remains headless, with eight of its ten Information Commissioner posts vacant, generating a backlog of nearly 30,000 cases.
Advocate Prashant Bhushan, representing the petitioners, submitted that multiple directives from the Supreme Court dating back to 2019, including orders in January 2024 and October 2023, have not been effectively implemented. He argued that some states had made partial appointments and claimed sufficient capacity, while others left commissions virtually defunct. Advocate Bhushan contended that the failure to fill vacancies contravened statutory obligations and impinged on citizens’ right to access information, asserting that the Centre’s inaction was tantamount to “trying to kill the Right to Information Act.”
Additional Solicitor General KM Nataraj informed the Court that the statutory selection committee, chaired by the Prime Minister and comprising the leader of the opposition and a Union Minister, was scheduled to convene on December 10 to recommend appointments. The ASG emphasised that both the Centre and state governments were following established procedures, and that pending appointments would be addressed in due course.
The Apex Court recorded the ASG’s submissions and noted the procedural steps taken, observing that there was “no reason to doubt that the Competent Authority will take the necessary initiative to fill the available vacancies.” The Bench also directed the Chief Secretaries of all states to provide comprehensive details of SIC composition, existing vacancies, and pending appeals and complaints. The Court highlighted that certain states, such as Rajasthan, Uttar Pradesh, West Bengal, and Karnataka, have largely filled their vacancies and are operating at full capacity, while others, including Chhattisgarh, are expected to complete appointments within a specified timeframe.
In light of the submissions, the Top Court deferred further proceedings on the plea, reiterating the necessity of allowing the statutory mechanisms to function. The hearing will resume following the meeting of the PM-led selection committee, with the Court closely monitoring compliance with its previous directions regarding timely appointments.
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