SC seeks status report on vacancies in central, state information commissions

Advocate Prashant Bhushan questioned the practice of selection of bureaucrats, either to run the commission or to be on the selection committee

The Supreme Court on Wednesday asked the Centre and state governments to file a status report indicating vacancy positions in the Central Information Commission (CIC) and State Information Commissions (SICs).

A bench of Justices S Abdul Nazeer and Krishna Murari gave four weeks to the Centre and state governments to file the latest status report in the matter.

The order came on a PIL filed by activist Anjali Bhardwaj and others, seeking directions to government authorities to implement top court's directions regarding appointment of information commissioners within a stipulated time and also in a transparent manner.

The bench also gave time to the petitioner to file an additional affidavit in the matter.

Advocate Prashant Bhushan, appearing for petitioners, submitted before the bench that in 2019, directions were issued to fill up the vacancies.

He questioned the practice of selection of bureaucrats, either to run the commission or to be on the selection committee.

"What they have done is quite shocking. They have not placed either the names of the candidates or the selection criteria on record. More than 300 people applied, but they shortlisted seven people," he said, claiming there was nothing on record on the details of the criteria adopted.

He also said despite the court's direction to fill up all posts within three months, vacancies continue to exist.

For example, he pointed out, there is a pendency of 36,000 in CIC and nearly 75,000 in Maharashtra state information commission, which was destroying the purpose of the RTI Act.

Additional Solicitor General Madhavi Divan, representing the Centre, argued that the process of compliance has been carried out by the government and appointments were made in March 2020.

She added that a compliance affidavit was filed on April 24, 2020. Divan added that the maximum strength is up to 10 members and right now, there are 7 members in CIC.

Bhushan said vacancies in Maharashtra, Karnataka, Orissa still continued.