Live Law: New Delhi: Saturday, 27 September 2025.
The Supreme Court will hear on October 27 the PIL assailing non-fulfilment of vacancies in Information Commissions set up under the Right to Information Act.
The matter was mentioned
today before a bench of Justices Surya Kant and Joymalya Bagchi by Advocate
Prashant Bhushan (for petitioners). Bhushan informed the Court that the post of
Chief Information Commissioner is currently unfilled and out of 10 information
commissioner posts, 8 are lying vacant.
It may be recalled that in January, the Supreme Court called on the Union and states to furnish data regarding appointments and selection process for the Information Commissions (including proposed timelines) as well as total pendency of cases/appeals before them.
In its counter, the Union indicated that the appointment process will be completed within 3 months, that is, by April, 2025. However, as on date, the appointments have still not been made and the CIC is functioning with only 2 Information Commissioners. Infact, according to the petitioners, there are over 26,800 appeals/complaints pending before the Commission.
Today, Bhushan further pointed out that the State Information Commission of Jharkhand, which has been defunct since May, 2020, remains non-functional. In this regard, it is apposite to mention that in January, the Supreme Court found from an affidavit that advertisement was issued in June, 2024 seeking applications for appointment to the post of CIC and 6 ICs in the state information commission. However, selection process could not commence as since the completion of Legislative Assembly elections (in November, 2024), an LoP (Vidhan Sabha) - who is a member of the Selection Committee - had not been announced and thus meeting could not be convened.
Accordingly, to expedite the selection process, the Court directed largest opposition party in Vidhan Sabha to nominate one of its elected members as member of the Selection Committee for the limited purpose of selection to the post of CIC and ICs. Needful was directed to be done in 2 weeks.
Appearance: Advocates Prashant Bhushan and Rahul Gupta (for petitioners)
The Supreme Court will hear on October 27 the PIL assailing non-fulfilment of vacancies in Information Commissions set up under the Right to Information Act.
It may be recalled that in January, the Supreme Court called on the Union and states to furnish data regarding appointments and selection process for the Information Commissions (including proposed timelines) as well as total pendency of cases/appeals before them.
In its counter, the Union indicated that the appointment process will be completed within 3 months, that is, by April, 2025. However, as on date, the appointments have still not been made and the CIC is functioning with only 2 Information Commissioners. Infact, according to the petitioners, there are over 26,800 appeals/complaints pending before the Commission.
Today, Bhushan further pointed out that the State Information Commission of Jharkhand, which has been defunct since May, 2020, remains non-functional. In this regard, it is apposite to mention that in January, the Supreme Court found from an affidavit that advertisement was issued in June, 2024 seeking applications for appointment to the post of CIC and 6 ICs in the state information commission. However, selection process could not commence as since the completion of Legislative Assembly elections (in November, 2024), an LoP (Vidhan Sabha) - who is a member of the Selection Committee - had not been announced and thus meeting could not be convened.
Accordingly, to expedite the selection process, the Court directed largest opposition party in Vidhan Sabha to nominate one of its elected members as member of the Selection Committee for the limited purpose of selection to the post of CIC and ICs. Needful was directed to be done in 2 weeks.
Appearance: Advocates Prashant Bhushan and Rahul Gupta (for petitioners)
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