KISHAN CHAND JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner invokes the jurisdiction of this Court under Article 32 of the Constitution seeking directions for the better functioning of the State Information Commissions[1] under the Right to Information Act, 2005[2]. It is stated that the SICs, along with the Central Information Commission[3], play a pivotal role in the proper implementation of the RTI Act. However, most of the SICs are located in the capital cities of the States and conduct proceedings physically. The petitioner asserts that this imposes prohibitive costs on applicants and appellants, especially those living in the remote areas, as they have to travel long distances to approach the SICs. Such bottlenecks in the functioning of the SICs deprive applicants and appellants from effectively exercising their right to information. Therefore, the petitioner urges that the SICs should allow the option of virtual hearings along with physical hearings.

(2.) The petitioner asserts that it is the legislative intention of Parliament in enacting the RTI Act to provide information to applicants at a reasonable expense. Virtual hearings further this legislative intention as they provide access to information to an applicant in a cost-effective manner. It has been further asserted that most SICs do not have the facility of online filing of RTI appeals and complaints similar to the CIC. Moreover, the petitioner urged that the SICs should adopt a user-friendly digital portal to make the functioning of the SICs more effective and productive.

(3.) On the basis of the averments, the petitioner has sought the reliefs as summarized below