Background

The Supreme Court of India has delivered a landmark judgment aimed at improving citizens’ access to justice and information under the Right to Information Act, 2005 (RTI Act). The petition highlighted systemic challenges faced by applicants and appellants in accessing the State Information Commissions (SICs), especially for those residing in remote regions.

It was argued that most SICs conduct only physical hearings, are situated in state capitals, and lack adequate digital infrastructure. This has resulted in prohibitive costs for litigants and impeded the fundamental right to information.

Key Issues

1. Should Information Commissions (SICs) adopt hybrid (physical + virtual) hearings to enhance accessibility?
2. Should SICs create a robust digital infrastructure for e-filing, case tracking, and service of notices?
3. Can access to Information Commissions be interpreted as part of fundamental rights guaranteed under Articles 14, 19(1)(a), and 21 of the Constitution?

Supreme Court’s Observations

The Court held that access to Information Commissions is an integral facet of the constitutional right to information, which itself is a vital component of:

• Article 14 (Equality before Law)
• Article 19(1)(a) (Freedom of Speech and Expression)
• Article 21 (Right to Life and Personal Liberty)

The Court observed:

“Technology is no longer an option; it is a constitutional obligation for adjudicatory institutions to ensure access to justice.”

Key Directions Issued

1. Hybrid Hearings Mandatory:
   • All SICs must provide hybrid hearing facilities (physical + virtual) for complaints and appeals.
   • Litigants can choose their preferred mode of hearing.
   • Links for virtual hearings must be provided in the daily cause lists.
   • Deadline: 31 December 2023.
2. E-Filing and Digital Portals:
   • SICs must ensure seamless e-filing of complaints and appeals.
   • Steps must be taken to enable electronic service of notices on Public Information Officers (PIOs) under Section 26 of the RTI Act.
   • Deadline: 31 December 2023.
3. Compilation of PIO Contact Details:
   • All Central and State Ministries must compile email addresses of their PIOs within one month and share the data with the Central Information Commission (CIC) and SICs.
4. Infrastructure Support:
   • State Governments must ensure necessary funds for SICs to set up infrastructure for virtual hearings.
   • CIC and SICs may use NIC’s S3 WAS platform for enhanced online access.

Why This Judgment Matters

This decision significantly strengthens the RTI framework by addressing logistical hurdles and empowering citizens with virtual access to Information Commissions. By mandating hybrid hearings and e-filing, the Court has reinforced the principles of transparency, accountability, and participative democracy.

Lexcuria Lawyers’ Role

Ms. Madhumita Bhattacharjee, Managing Partner at Lexcuria Lawyers, appeared as an Advocate-on-Record in the matter. Her firm contributed to ensuring that the procedural and technological shortcomings in the functioning of SICs were brought to light and addressed through judicial intervention.

Takeaway

The Supreme Court has set a strong precedent:

• Access to justice and information cannot be compromised by geographical or procedural barriers.
• Adoption of technology is now a constitutional necessity for tribunals, commissions, and courts alike.

This judgment is expected to revolutionize RTI processes across India by making them more inclusive, cost-effective, and citizen-friendly.