SC directs State Information Commissions to implement hybrid system for complaints under RTI Act, 2005

SC directs State Information Commissions to implement hybrid system for complaints under RTI Act, 2005

Today, the Supreme Court issued a directive to all State Information Commissions (SICs), instructing them to implement a hybrid system for handling complaints and appeals under the Right to Information Act, 2005 (RTI Act).

The Supreme Court further said that, SICs must provide parties the choice to opt for hybrid hearings and share video links on the cause list.

"All State and Central Ministries shall take steps within a period of one month to compile the email addresses of the Central and State PIOs which shall be furnished to all the SICs and the CIC. For implementation of this order, DoPT shall convene a meeting of all State and Central Information Commissioners to prepare a timeline to adhere to the above directive. State to provide funds wherever required," the top court further directed.

The division bench of Chief Justice DY Chandrachud and Justice JB Pardiwala and Manoj Misra also observed that access to justice is a fundamental right under Article 21 of the Constitution and an essential component of the freedom of speech.
 
Additionally, the Court stressed that utilizing technology is no longer optional but imperative. It pointed out that the Central Information Commission (CIC) conducts its proceedings in a hybrid fashion, facilitating easier access for citizens.
 
"Properly deployed for the purpose of hybrid or virtual hearing, technology can help in access to justice and negating the right to travel log journeys to attend hearings," the Court added.
 
The Supreme Court was reviewing a Public Interest Litigation (PIL) with the objective of enhancing the functionality of the State Information Commissions (SICs). The plea had prayed for the following remedies -
  • to provide the option for both physical and virtual hearings for handling complaints and second appeals;

  • update and establish self-contained portals for filing RTI requests;

  • display the status of pending cases and maintain a list of cases that have been resolved;

  • decision on second appeals within a four-month timeframe;

  • establish guidelines for the timely resolution of a specific number of cases;

  • prepare annual reports concerning the provisions of the RTI Act and submit them to the state government;

  • ensure the recovery of penalties from information commission officers who have committed errors.

The top court has now concluded the plea after issuing an order for all State Information Commissions (SICs) to implement hybrid hearings and electronic filing of cases.

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