The Supreme Court has requested responses from 11 states, including Andhra Pradesh and Jharkhand, regarding a plea that alleges these states have not established Right to Information (RTI) portals as mandated by a 2023 judgment.
In a significant ruling on March 20 last year, the Supreme Court directed all states, Union territories, and high courts to create RTI websites within three months, emphasizing that online access would greatly enhance the effectiveness of the Right to Information Act, 2005.
On Monday, a bench led by Chief Justice D.Y. Chandrachud and Justice J.B. Pardiwala noted the claims made by the petitioner’s lawyer, Anuj Nakade, that 11 states have failed to comply with the court’s directive to set up their RTI portals.
The bench specifically mentioned the states and Union territories that have not yet implemented this requirement: Andhra Pradesh, Jharkhand, Manipur, Nagaland, Sikkim, West Bengal, Andaman and Nicobar Islands, Daman and Diu, Dadra and Nagar Haveli, Jammu and Kashmir, Lakshadweep, and Arunachal Pradesh.
The court also highlighted that in states where RTI portals have been established, many do not meet the necessary accessibility and usability standards set out in the guidelines for Indian government websites and apps. Additionally, it was noted that several public authorities have not been integrated into the RTI portals.
The bench issued a notice to the states and Union territories, requiring a response by October 21. It clarified that personal attendance of state officials is not necessary at this stage.
The 2023 ruling also mandated that all high courts create their own RTI websites within the same three-month timeframe. The judgment, written by the Chief Justice, mentioned that the Supreme Court had set up its own portal for RTI applications to facilitate access to information regarding the court.
The Supreme Court was considering a plea requesting the registrar general of all high courts to establish and operationalize online RTI portals for both the high courts and the district judiciary. The bench instructed the registrar general to follow administrative guidance from the chief justice regarding the district judiciary, which falls under the high courts’ administrative control.
An online RTI portal for the Supreme Court was launched in November 2022, replacing the previous system where RTI applications were submitted only by post.