RTI portal – Supreme Court issues contempt notice to the States and UTs

Supreme Court Judgment on Online Right to Information Portals: A Landmark Step Towards Transparency

On September 23, 2024 the Apex Court has issued notice seeking response from all the States and Union Territories in a contempt petition alleging non-compliance with the directions in judgment dated March 20, 2023 in the case of Pravasi Legal Cell v Union of India & Ors. for establishing online RTI Portals within a period of 3 months. Let us look into the judgment passed nearly one and a half year ago and its implications.

On March 20, 2023, the Supreme Court of India had delivered a significant judgment in the case of Writ Petition (Civil) No. 1040 of 2019, initiated by the Pravasi Legal Cell. The court ordered all High Courts and the district judiciary across the country to establish and operationalize online Right to Information (RTI) portals within a three-month timeframe. This decision aims to enhance transparency and facilitate easier access to information for Indian citizens, aligning with the objectives of the Right to Information Act, 2005.

Background of the Case

The petitioner highlighted a critical gap in the implementation of the RTI Act: while the Union Government and several state governments had already set up online RTI portals, the High Courts and district courts had not followed suit. Currently, citizens seeking information from these judicial bodies had to submit physical applications, which required cumbersome processes such as obtaining postal orders or bank drafts. The lack of digital platforms was seen as a barrier to accessing vital information, undermining the fundamental purpose of the RTI Act. Under Article 32 of the Constitution, the petitioners sought a direction to all the Registrars General of the High Courts to establish and operationalise online right to information portals, both for the High Court and the district judiciary under their administrative control. It was submitted that:

• The Chief Justice of every High Court is the competent authority under Section 2(e)(iii) and has the power to make rules under Section 28 of the RTI Act. Therefore, the Chief Justice of the High Courts can ensure that rules are formulated for setting up online portals for RTI applications and appeals arising from them.
• Section 6(1) of the Right to Information Act 2005 stipulates that a person who desires to obtain any information under the Act shall make a request in writing “or through electronic means” specifying the particulars of the information sought. This provision indicates that an RTI applicant has a statutory right to move an application through electronic means.
• The Supreme Court of India has recently set up an online portal facilitating requests for the supply of information.
• The High Courts of Madhya Pradesh, Odisha and Delhi have set up web portals for the purpose. Further, the High Court of Karnataka, utilizes the web portal which has been set up by the State government.

Key Provisions of the Judgment

1. Establishment of Online Portals: The Supreme Court directed all High Courts to create online RTI portals, allowing citizens to submit applications electronically. The Chief Justice of each High Court has been designated as the competent authority to formulate rules for these portals under the provisions of the RTI Act.
2. Timeline for Implementation: The court mandated that these online systems be operational within three months, marking a significant shift towards digital governance in the judiciary.
3. Support from the National Informatics Centre (NIC): The court encouraged High Courts to collaborate with the NIC for logistical and technical support in implementing these portals.
4. Disposal of Pending Applications: The judgment concluded by disposing of any pending applications related to the case, emphasizing a swift move towards the implementation of these provisions.

Implications of the Judgment

1. Enhancing Access to Justice - By mandating the creation of online portals, the Supreme Court has taken a crucial step in making the judicial system more accessible. This initiative will not only reduce the bureaucratic burden on citizens but also empower them to seek information effortlessly.
2. Strengthening Transparency - The establishment of these portals is expected to foster greater transparency within the judiciary. With easy access to information, citizens can hold public authorities accountable, thus promoting a culture of openness in governance.
3. Aligning with Digital India Initiatives - This judgment is in line with the broader Digital India initiative, aimed at transforming India into a digitally empowered society. By integrating technology into the RTI framework, the judiciary is embracing modernization, which is essential for effective governance in the 21st century.

Conclusion

The Supreme Court's ruling on the establishment of online RTI portals marks a pivotal moment in India's journey towards transparency and accountability in governance. By bridging the gap between citizens and the judiciary, this judgment not only upholds the spirit of the RTI Act but also reinforces the fundamental rights of individuals to access information. As High Courts across the country work to implement these changes, the expectation is that this will lead to a more informed citizenry and a stronger democracy. The Supreme Court had given a strict time limit holding that “...such an exercise should be carried out by all the High Courts in the country no later than within a period of three months from the date of this order.” However, the order still remains on paper and is yet to be implemented.

How much more time would be required to implement the Supreme Court decision? Is establishing a RTI portal such a difficult job? Point to ponder.