Supreme Court Directs All States, UTs, HCs to Set up On-line RTI portals in Three Months
(Judicial Quest News Network)
Hyderabad, March 26,2023: The Supreme Court has recently directed the States and all Union Territories to set up and operationalise on line Right to Information (RTI) portals within three months to ensure transparency in governance.
The direction was passed by a bench comprising Chief Justice of India DY Chandrachud, Justice PS Narsimha and Justice JB Pardiwala in the plea seeking mechanism to set up an online portal for e-filing Right to Information (RTI) application and first appeals in High Courts.
The Apex Court three months’ time to all Registrar Generals of State High Courts to establish and run-on-line RTI portals, in their respective High Courts and District Courts.
the petitioner has highlighted that the Union Government has already established an online RTI portal in terms of which information can be sought under the Right to Information Act from each ministry/department. Moreover, some State governments are stated to have also operationalized the RTI portals.
The petition filed by Pravasi Legal Cell, represented by Advocate Jose Abraham.
It was argued that Section 6 (1), of the Right to Information Act,2005 stipulated that an information seeker had a statutory right to move an application through electronic means. However several High Courts and District Court entertain only physical RTI Applications.
Through the proceedings, it was mentioned that High Courts of Delhi, Madhya Pradesh and Orissa had set up online RTI portals. However no High Court had established the on-line portals for sub-ordinate judiciary.
The petitioner further submitted that the Right to Information Act is a powerful tool in the hands of Indian Citizens and true objective of the legislation can only be achieved by making the entire applications as well as appeal process online.
CJI DY Chandrachud, while dictating the order said that “Section 6(1) of the Right to Information Act 2005 stipulates that a person WPC 1040/2019 3 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.”
During the course of hearing, this Court has been apprised of the fact that the High Courts of Madhya Pradesh, Odisha and Delhi have set up web portals for the purpose. Likewise, it has been stated that in the State of Karnataka, the High Court utilizes the web portal which has been set up by the State government.
We are of the view 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.
The order further said that The High Courts shall make adequate provisions to facilitate the supply of information through online web portals and for all incidental purposes connected with the implementation of the Right to Information Act 2005. As regards the district judiciary, which is under the administrative control of the High Courts, we request all the Registrars General to take administrative directions from the Chief Justices. The High Courts may utilize the support of the National Informatics Centre for the purpose. NIC shall provide all logistical and technical assistance in that regard to the High Courts.
Though the Act was enacted in 2005, after a lapse of 17 years, online web portals are still to be operationalised by some of the High Courts, the Apex Court recorded in the recent order.
