Summary
The Supreme Court directed all State Information Commissions to offer hybrid hearings at the applicant’s or appellant’s choice and provide streamlined electronic filing of complaints and appeals. Access to the commissions was integral to constitutional rights to information and justice. The Court prescribed implementation deadlines, electronic-service measures, compilation of information officers’ email addresses and coordination and funding responsibilities.
Issues
- Whether effective access to information commissions required hybrid hearings and electronic filing.
- What implementation measures should secure accessible complaint and appellate processes.
Provisions considered
- Articles 14, 19(1)(a), 21 and 39A, Constitution of IndiaAccess to information and justice required accessible institutions and consistent use of technology to overcome distance and expense. (¶¶ 16, 17, 18, 19, 20, 21, 22, 23)
- Sections 18 and 19, Right to Information Act, 2005The commissions’ complaint and appellate functions formed the statutory redress mechanism for which hybrid hearings and electronic filing were directed. (¶¶ 9, 10, 11, 12, 18, 23, 24)
- Section 26, including Section 26(3)(b), Right to Information Act, 2005The Court directed electronic service measures and compilation of public information officers’ email addresses to support effective access. (¶¶ 13, 24, 25)
Held
- Effective access to information commissions secures the right to information and access to justice. Adjudicatory institutions have a constitutional duty to deploy video conferencing consistently to reduce geographical and financial barriers. (¶¶ 16, 17, 18, 19, 20, 21, 22, 23)
- All State Information Commissions must offer hybrid hearings for complaints and appeals at the applicant’s or appellant’s discretion, with access links in daily cause lists. The facility was to be operational by 31 December 2023. (¶ 23)
- Streamlined electronic filing of complaints and appeals, together with steps for electronic service on information officers, was also required by 31 December 2023. Ministries were to compile the relevant email addresses within one month. (¶¶ 24, 25)
- The Personnel and Training Secretary was to convene an implementation meeting of Central and State Information Commissioners within one month. States must cooperate and supply necessary infrastructure funds; NIC website facilities could be used. (¶¶ 26, 27)
Result
Writ petition disposed of with nationwide directions for State Information Commissions’ hybrid hearings and electronic filing, operational by 31 December 2023, and associated service, coordination and infrastructure measures.