“The use of technology is no longer an option,” says SC while directing SICs to establish a hybrid system for hearing complaints and appeals under the RTI Act

Today, the Supreme Court (SC) bench including Chief Justice of India DY Chandrachud, Justice Manoj Misra, and Justice JB Pardiwala directed all State Information Commissions (SICs) to establish a hybrid system for hearing complaints and appeals under the RTI (Right to Information) Act, 2005. It also ordered them to ensure that e-filing is streamlined for all litigants. The SC bench directed, “All State and Central Ministers 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.” 

While giving the order, CJI remarked, “The use of technology is no longer an option. Properly deployed for the purpose of hybrid or virtual hearing, technology has the potential to ensure access to justice by obviating the need for citizens to travel long distances to secure the right to be heard…Access to justice is a part of the fundamental right under Article 21 and a necessary concomitant to freedom of speech.” He further added, “Properly deployed for the purpose of hybrid or virtual hearing, technology can help in access to justice and negating the right to travel long journeys to attend hearings.” The directions passed by the top Court include:

• To provide hybrid modes (option of both physical and virtual) of hearing to all litigants for hearing complaints and appeals.
• To give a decision on second appeals within a 4-month timeframe.
• To update and establish self-contained portals for filing RTI requests.
• To display the status of pending cases and maintain a list of cases that have been resolved.
• To establish guidelines for the timely resolution of a specific number of cases.
• To ensure the recovery of penalties from information commission officers who have committed errors.
• To prepare annual reports concerning the provisions of the RTI Act and submit them to the state government.
• To have digital portals for displaying case status for matters, uploading cause lists, judgments, uploading annual reports, and other important information.