The Hindu: New Delhi: Tuesday, December 02, 2025.
Seeking an expeditious selection of information commissioners in the CIC, the court had told the Centre that these posts need to be filled at the earliest.
The Centre on Monday (December 1, 2025) informed the Supreme Court that Prime Minister Narendra Modi-led panel is likely to meet on December 10 to select and recommend names for the post of Chief Information Commissioner and information commissioners of the Central Information Commission (CIC).
A Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi, which was hearing a plea seeking filling of vacant posts of CIC and state information commissions (SICs), was told by Additional Solicitor General KM Nataraj, appearing for the Centre, that the meeting has been fixed and notice 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 also comprises the leader of Opposition and a Union Minister nominated by the Prime Minister, that selects and recommends the names for appointment as Chief Information Commissioner and Information Commissioners.
The top court recorded the submission of the ASG and deferred the hearing on the plea.
It asked the chief secretaries of all the states to submit details of the total strength of SICs, vacant posts in SICs and number of appeals and complaints pending before the commissions.
Advocate Prashant Bhushan, appearing for petitioners including Anjali Bhardwaj and others, said that the government has not filled the vacant posts, which is resulting in piling of cases before the commissions.
He said that some States have made two to three appointments and are saying they don’t need to fill all the posts as they have sufficient strength of members to deal with the pendency of cases.
Mr. Bhushan said there are at least seven comprehensive orders of the court in which it had directed the Centre to expeditiously fill up the vacancies in the CIC and SICs.
On November 27, the top court deferred the matter after it was informed by Nataraj that the selection committee was scheduled to meet on October 28, 2025, but the meeting could not take place due to other engagements of the members.
The top court had asked Nataraj to speak to the Department of Personnel and Training (DoPT) secretary and apprise it of the total vacancies, observing that "we have no reason to doubt that the Competent Authority will take the necessary initiative to fill the available vacancies".
It had noted that states like Rajasthan, Uttar Pradesh, West Bengal and Karnataka have broadly filled all vacancies and their Information Commissions are working at full capacity, while in Chhattisgarh, the vacancies will be filled in six weeks.
On October 27, the top court refused to issue a directive for public disclosure of the names of candidates shortlisted for the post of chief information commissioner and information commissioners in the CIC.
It had directed the states, including Jharkhand and Himachal Pradesh, to immediately try to fill the vacant posts in the state information commissions.
Backlog of cases
Mr. Bhushan had alleged that governments were "trying to kill the Right to Information Act" by making information commissions defunct.
He had submitted that the CIC is currently without its chief, and eight out of 10 posts of information commissioners are vacant.
"The backlog of cases in the CIC is nearly 30,000," he had submitted, and pointed out the violation of earlier orders of the apex court, where it was directed that all vacant posts should be filled up directly.
On January 7, the top court took a dim view of the vacancies in the CIC and state information commissions as it directed the Centre to immediately fill the posts.
Seeking an expeditious selection of information commissioners in the CIC, the apex court had told the Centre that these posts need to be filled at the earliest.
It had criticised the appointments being made only from a particular category of candidates in the CIC and SICs, and mulled taking a judicial note of the fact that only bureaucrats are considered for the appointment in these commissions instead of people from all walks of life.
Delayed selection process
Activist Bhardwaj and others have submitted that in 2019, the apex court issued seminal directions for filling the posts in the CIC and SICs, but states delayed the selection process and virtually killed the Right to Information Act.
On November 26, 2024, the top court took a stern view on the matter and asked the Centre and states to apprise it of the steps taken to fill the posts.
Since February 2019, the apex court has passed several directions on the need for timely appointments to the transparency watchdog by the Centre and states. It observed that in Jharkhand, Tripura and Telangana, the SICs had become virtually defunct, as there were no information commissioners.
On October 30, 2023, the top court issued a similar directive, noting the 2005 Right to Information law would become a "dead letter" otherwise. Ms. Bhardwaj's plea said the Centre and states did not follow the apex court's 2019 judgement on the issues, including timely filling posts in CIC and SICs.
The top court in December 2019 directed the Centre and state governments to appoint information commissioners in CIC and SICs within three months and asked authorities concerned to publish the names of members of the committee on the selection panel and appointment of information commissioners at the CIC on their websites.
The apex court said information officers should include people of eminence from varied fields
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