Kishan Chand Jain vs Union of India & Ors.
Background
The petitioner filed a writ petition under Article 32 seeking directions for the better functioning of State Information Commissions (SICs) under the Right to Information Act, 2005. He pointed out that most SICs are located only in state capitals and conduct hearings physically, forcing applicants and appellants from remote areas to travel long distances and bear heavy costs to pursue RTI complaints and appeals. He sought directions for SICs to offer virtual hearings, adopt user-friendly digital portals for filing and tracking cases, dispose of complaints within a fixed time frame, and ensure timely publication of annual reports and imposition of penalties on erring officials.
Decision Breakdown
The Court held that access to Information Commissions is integral to the right to information, which flows from the right to equality (Article 14), free speech (Article 19(1)(a)), and the right to life (Article 21), and that access to justice itself is a constitutional right recognised under these provisions. Tracing the evolution of virtual hearings as a tool to overcome geographic and cost barriers, the Court directed that all SICs across the country must offer litigants the option of a hybrid (virtual or physical) mode of hearing, with the option link published in daily cause lists, to be implemented by 31 December 2023. It also directed that SICs must provide streamlined e-filing facilities and electronic service of process on Public Information Officers by the same deadline, that Central and State Ministries compile PIOs' email addresses within a month, and that the Department of Personnel and Training convene a coordination meeting of all Information Commissioners to implement these directions, with State Governments to provide necessary funding.
Lesson Learnt
The right to information is not just a statutory entitlement but is rooted in constitutional guarantees, and the courts can direct administrative bodies like Information Commissions to modernise their processes (virtual hearings, e-filing) so that citizens, especially those in remote areas, are not effectively denied access to justice by logistical or infrastructural barriers.