ANJALI BHARDWAJ AND OTHERS versus UNION OF INDIA AND OTHERS

ANJALI BHARDWAJ AND OTHERS versus UNION OF INDIA AND OTHERS

The RTI is a fundamental right tied to Articles 19(1)(a) and 21; undue delays in filling vacancies impair the RTI regime and must be remedied. The Court directed respondents to fill vacancies without delay, ordered States to adopt the Central Government’s transparency measures (placing application and selection information on websites), required terms and conditions of appointment to be specified in advertisements and on websites, and directed that Information Commissioners be appointed from diverse streams as envisaged in the Act; it also gave specific timelines and recommendations to various States to create and fill additional posts to reduce pendency.

Parties
Petitioners: Anjali Bhardwaj and Others; Respondents: Union of India and Others (States of West Bengal, Andhra Pradesh, Maharashtra, Kerala, Odisha, Karnataka, Gujarat and Telangana, Nagaland)
Jurisdiction
India
Judgment Date
15 February 2019
Procedural Posture
Writ Petition (civil) / Disposed
Outcome
Writ petition disposed of
Legal Topics
Appointments of Information Commissioners, Vacancies and Pendency, Transparency in Public Appointments, Fundamental Right to Information, State Information Commissions, Central Information Commission, Good Governance
Right to Information Act, 2005 Constitutional Law Administrative Law Public Interest Litigation Appointments of Information Commissioners Vacancies and Pendency Transparency in Public Appointments Fundamental Right to Information +3 more

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Parties

Anjali Bhardwaj and Others

Petitioners

Union of India and Others (States of West Bengal, Andhra Pradesh, Maharashtra, Kerala, Odisha, Karnataka, Gujarat and Telangana, Nagaland)

Respondents

Procedural Posture

Writ Petition (civil) / Disposed

Legal Issues

  1. 1 Whether undue delays and non-filling of vacancies in CIC and SICs frustrate effective implementation of the RTI Act and the fundamental right to information
  2. 2 Whether the appointment process for Information Commissioners is sufficiently transparent and whether terms and conditions of appointment should be specified in advertisements and on websites
  3. 3 Whether Information Commissioners should be appointed from diverse streams as envisaged in the RTI Act and whether States should create additional posts to deal with pendency

Ratio Decidendi

The RTI is a fundamental right tied to Articles 19(1)(a) and 21; undue delays in filling vacancies impair the RTI regime and must be remedied. The Court directed respondents to fill vacancies without delay, ordered States to adopt the Central Government’s transparency measures (placing application and selection information on websites), required terms and conditions of appointment to be specified in advertisements and on websites, and directed that Information Commissioners be appointed from diverse streams as envisaged in the Act; it also gave specific timelines and recommendations to various States to create and fill additional posts to reduce pendency.

Court Disposition

Writ petition disposed of

Orders

  • Respondents directed to fill up vacancies of Information Commissioners without delay
  • All States directed to follow Central Government practice of placing application, Search Committee composition, agenda and minutes and other selection information on their websites