7 months ago
2
The Centre connected Monday (December 1, 2025) informed the Supreme Court that Prime Minister Narendra Modi-led sheet is apt to conscionable connected December 10 to prime and urge names for the station of Chief Information Commissioner and accusation commissioners of the Central Information Commission (CIC).
A Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi, which was proceeding a plea seeking filling of vacant posts of CIC and authorities accusation commissions (SICs), was told by Additional Solicitor General KM Nataraj, appearing for the Centre, that the gathering has been fixed and announcement for it has been sent to the members of the panel.
Under Section 12 (3) of the Right to Information Act, the Prime Minister is the chairperson of the committee, which besides comprises the person of Opposition and a Union Minister nominated by the Prime Minister, that selects and recommends the names for assignment arsenic Chief Information Commissioner and Information Commissioners.
The apical tribunal recorded the submission of the ASG and deferred the proceeding connected the plea.
It asked the main secretaries of each the states to taxable details of the full spot of SICs, vacant posts successful SICs and fig of appeals and complaints pending earlier the commissions.
Advocate Prashant Bhushan, appearing for petitioners including Anjali Bhardwaj and others, said that the authorities has not filled the vacant posts, which is resulting successful piling of cases earlier the commissions.
He said that immoderate States person made 2 to 3 appointments and are saying they don’t request to capable each the posts arsenic they person capable spot of members to woody with the pendency of cases.
Mr. Bhushan said determination are astatine slightest 7 broad orders of the tribunal successful which it had directed the Centre to expeditiously capable up the vacancies successful the CIC and SICs.
On November 27, the apical tribunal deferred the substance aft it was informed by Nataraj that the enactment committee was scheduled to conscionable connected October 28, 2025, but the gathering could not instrumentality spot owed to different engagements of the members.
The apical tribunal had asked Nataraj to talk to the Department of Personnel and Training (DoPT) caput and apprise it of the full vacancies, observing that "we person nary crushed to uncertainty that the Competent Authority volition instrumentality the indispensable inaugural to capable the disposable vacancies".
It had noted that states similar Rajasthan, Uttar Pradesh, West Bengal and Karnataka person broadly filled each vacancies and their Information Commissions are moving astatine afloat capacity, portion successful Chhattisgarh, the vacancies volition beryllium filled successful six weeks.
On October 27, the apical tribunal refused to contented a directive for nationalist disclosure of the names of candidates shortlisted for the station of main accusation commissioner and accusation commissioners successful the CIC.
It had directed the states, including Jharkhand and Himachal Pradesh, to instantly effort to capable the vacant posts successful the authorities accusation commissions.
Backlog of cases
Mr. Bhushan had alleged that governments were "trying to termination the Right to Information Act" by making accusation commissions defunct.
He had submitted that the CIC is presently without its chief, and 8 retired of 10 posts of accusation commissioners are vacant.
"The backlog of cases successful the CIC is astir 30,000," helium had submitted, and pointed retired the usurpation of earlier orders of the apex court, wherever it was directed that each vacant posts should beryllium filled up directly.
On January 7, the apical tribunal took a dim presumption of the vacancies successful the CIC and authorities accusation commissions arsenic it directed the Centre to instantly capable the posts.
Seeking an expeditious enactment of accusation commissioners successful the CIC, the apex tribunal had told the Centre that these posts request to beryllium filled astatine the earliest.
It had criticised the appointments being made lone from a peculiar class of candidates successful the CIC and SICs, and mulled taking a judicial enactment of the information that lone bureaucrats are considered for the assignment successful these commissions alternatively of radical from each walks of life.
Delayed enactment process
Activist Bhardwaj and others person submitted that successful 2019, the apex tribunal issued seminal directions for filling the posts successful the CIC and SICs, but states delayed the enactment process and virtually killed the Right to Information Act.
On November 26, 2024, the apical tribunal took a stern presumption connected the substance and asked the Centre and states to apprise it of the steps taken to capable the posts.
Since February 2019, the apex tribunal has passed respective directions connected the request for timely appointments to the transparency watchdog by the Centre and states. It observed that successful Jharkhand, Tripura and Telangana, the SICs had go virtually defunct, arsenic determination were nary accusation commissioners.
On October 30, 2023, the apical tribunal issued a akin directive, noting the 2005 Right to Information instrumentality would go a "dead letter" otherwise.
Ms. Bhardwaj's plea said the Centre and states did not travel the apex court's 2019 judgement connected the issues, including timely filling posts successful CIC and SICs.
The apical tribunal successful December 2019 directed the Centre and authorities governments to name accusation commissioners successful CIC and SICs wrong 3 months and asked authorities acrophobic to people the names of members of the committee connected the enactment sheet and assignment of accusation commissioners astatine the CIC connected their websites.
The apex tribunal said accusation officers should see radical of eminence from varied fields.
