SC Orders Centre, States To Expedite Steps To Fill Vacancies In CIC, SICs

Supreme Court of India

The Supreme Court on Tuesday has voiced serious concerns over delays in filling vacancies at the Central Information Commission (CIC) and State Information Commissions (SICs).

On Tuesday, a bench comprising Justices Surya Kant and Ujjal Bhuyan directed the Centre and state governments to expedite the appointment process and provide updates on their efforts.

Highlighting the critical issue, the bench noted that the CIC currently has eight vacancies out of 11 sanctioned posts, including the Chief Information Commissioner’s position. Additional Solicitor General Brijender Chahar, representing the Centre, was instructed to submit an affidavit within two weeks detailing the steps being taken to address these gaps.

The court stressed that SICs in Jharkhand, Tripura, and Telangana are effectively non-functional due to the absence of information commissioners. It instructed the chief secretaries of these states to complete the appointment process within four weeks.

During the hearing, senior advocate Arunabh Chowdhury, representing Jharkhand, cited the lack of a Leader of Opposition in the state assembly as a reason for delays, adding that the process would begin after the new House is sworn in. Similarly, counsel for Tripura informed the court that appointments initiated in June are underway.

Advocate Prashant Bhushan, appearing for petitioner Anjali Bhardwaj, criticized the inaction, warning that such delays threaten to undermine the Right to Information (RTI) Act, 2005. He presented data showing vacancies across states, including two in Chhattisgarh, one in Bihar, four in West Bengal, five in Odisha, and two in Tamil Nadu.

The bench reiterated its previous directives from October 2022 and December 2019, emphasizing that timely appointments are essential to uphold the RTI Act. The court also reminded authorities to ensure transparency in the selection process by involving eminent individuals from diverse fields, not just bureaucrats, and publishing details about the search committees involved in the appointments.

Failure to comply, the bench cautioned, could result in contempt proceedings.