New Delhi: In a significant push for transparency, the Supreme Court of India on Tuesday scrutinized the persistent vacuum in Information Commissions across the country, warning that the “defunct” status of several state bodies is crippling the Right to Information (RTI) framework.
The matter was heard by a high-powered bench led by Chief Justice of India Surya Kant, alongside Justices Joymalya Bagchi and NV Anjaria.
Transparency Beyond Headcount
While the bench noted with some satisfaction that the Central Information Commission (CIC) is finally at full strength following judicial intervention, the proceedings took a sharp turn regarding the manner of these appointments.
Advocate Prashant Bhushan, appearing for the petitioners, argued that the government remains in “technical contempt” of the 2019 landmark judgment. He pointed out that while seats are filled, the “process” remains shrouded in secrecy. The Union of India (UOI) has yet to publicize:
- Minutes of the selection committee deliberations.
- Specific short-listing criteria used for candidates.
- The formal dissent notes submitted by the Leader of the Opposition (LoP).
The bench has consequently directed the UOI to submit a detailed status report addressing these procedural lapses.
The Crisis in the States
The Court expressed grave concern over the “total paralysis” of transparency in Jharkhand and Himachal Pradesh. Both State Information Commissions (SICs) are currently non-functional, with every single post—including that of the Chief Information Commissioner—lying vacant.
“The Right to Information cannot be reduced to a dead letter due to administrative apathy,” the Court observed, directing that appointments in these states be completed in a time-bound manner.
Tackling the Backlog
Recognizing that a filled vacancy does not automatically equate to efficiency, the Court further directed commissions burdened by massive case pendency to expand their benches. The bench emphasized that the sanctioned strength of a commission must be commensurate with its workload to ensure that the RTI Act remains a functional tool for the citizenry.
Data Snapshot: The Vacancy Crisis
The following table highlights the critical gaps in commission staffing as discussed during today’s hearing:
| Jurisdiction | Sanctioned Posts | Vacancies | Functional Status |
| Central (CIC) | 11 | 0 | Fully Operational |
| Jharkhand | 11 | 11 | Defunct |
| Himachal Pradesh | 3 | 3 | Defunct |
| Other States | Varies | Significant | Backlog Critical |
The petitioners were represented by senior counsel Prashant Bhushan and Rahul Gupta. The matter is expected to be taken up again following the submission of the government’s status report.
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