The Supreme Court of India in Writ Petition (Civil) No. 1040 of 2019, along with connected petitions, delivered a landmark order on 20th March 2023, mandating all High Courts and State Governments to establish and operationalize online Right to Information (RTI) portals. This judgment represents a significant step in ensuring greater transparency and accessibility of information for citizens under the Right to Information Act, 2005.
Background of the Case
The petitions invoked Article 32 of the Constitution of India, seeking directions for the establishment of online RTI portals for both the High Courts and the district judiciary under their administrative control.
The petitioners highlighted that while the Union Government had already developed an online RTI portal for its ministries and departments, many High Courts and State authorities still required applicants to file physical RTI applications with postal orders or demand drafts. This outdated process was seen as a hurdle to citizens exercising their statutory right under Section 6(1) of the RTI Act, which explicitly permits filing applications through electronic means.
The Supreme Court’s Observations
The Bench comprising Chief Justice Dr. D.Y. Chandrachud, Justice Pamidighantam Sri Narasimha, and Justice J.B. Pardiwala emphasized that:
- Online RTI portals are critical for facilitating transparency and accountability in the judicial system.
- Section 6(1) of the RTI Act expressly recognizes electronic applications, giving citizens a statutory right to use digital platforms.
- Although the RTI Act was enacted in 2005, several High Courts had not yet implemented online facilities even after 17 years.
- Some High Courts (Delhi, Madhya Pradesh, Odisha, and Karnataka) had operationalized such systems, showing feasibility and effectiveness.
Accordingly, the Court directed:
- All High Courts must operationalize online RTI portals within three months, with the support of the National Informatics Centre (NIC).
- All State Governments/Union Territories must establish online RTI portals for every public authority under their jurisdiction within three months.
- The Registrar (Judicial) of the Supreme Court must circulate the order to Registrars General of all High Courts for compliance.
Role of Madhumita Bhattacharjee
In this matter, Madhumita Bhattacharjee, Managing Partner of Lexcuria Lawyers, appeared as counsel before the Hon’ble Supreme Court.
Her contribution was pivotal in presenting the State’s stance on digital facilitation while aligning with the broader constitutional mandate of transparency and accessibility. By participating in this matter of national importance, Madhumita reinforced Lexcuria’s commitment to promoting citizen-centric reforms in governance and justice delivery.
Significance of the Judgment
This order is a milestone in India’s journey towards Digital Justice. With the Supreme Court itself already operationalizing its RTI portal, the extension of such facilities to all High Courts, district judiciaries, and State authorities marks a uniform step forward.
For citizens, this means:
- Simplified RTI filing without geographical barriers.
- Digital payment mechanisms replacing cumbersome postal orders.
- Faster redressal of RTI queries and appeals.
For the judicial and administrative system, it means embracing efficiency, transparency, and accountability—values central to the Constitution.
Conclusion
The Supreme Court’s directives in this case stand as a reminder that rights must evolve with technology. By ensuring online access to RTI mechanisms across the judiciary and government, the Court has empowered citizens to hold institutions accountable more effectively.
For Lexcuria Lawyers, and particularly for Madhumita Bhattacharjee, this matter reflects our unwavering dedication to advancing digital governance reforms and ensuring that the justice system remains accessible, transparent, and people-centric.
