The Jammu & Kashmir High Court has ordered the Central Information Commission to improve operational efficiency and address a significant backlog of RTI appeals. While noting the lack of a mandatory legal deadline, the court emphasized that the commission cannot leave cases unresolved for years.
The High Court of Jammu & Kashmir and Ladakh has issued a directive to the Central Information Commission (CIC) to enhance its internal processes to manage the mounting backlog of Right to Information (RTI) appeals. The court's order followed a public interest litigation filed by a resident of Uri-Baramulla, which requested that the commission be compelled to resolve all pending cases from the region within a strict 45-day window.
Court Addresses Regulatory Limitations
A Division Bench consisting of Acting Chief Justice Sanjeev Kumar and Justice Mohd Yousuf Wani observed that the RTI Act of 2005 does not establish a statutory time limit for the disposal of second appeals and complaints. Because of this legal reality, the bench declined to issue a mandatory order fixing a specific 45-day disposal deadline. However, the court clarified that the absence of a fixed timeline does not provide the commission with the authority to delay decisions indefinitely.
The judges noted that leaving appeals unresolved for several years is contrary to the spirit of the transparency law. The commission has been instructed to implement a more robust management system that can effectively process both the existing backlog and the continuous stream of new applications, while considering its current infrastructural and staffing constraints. The court further advised the CIC to evaluate the petitioner's suggestions if they are found to be practical and aligned with the commission's operational needs.
Impact on Transparency and Governance
The RTI Act is a primary mechanism for Indian citizens to hold public authorities accountable, and delays in the appellate process often hinder this objective. When appeals remain pending for extended periods, the effectiveness of the law as a tool for public oversight can be weakened. By addressing these systemic delays, the court aims to ensure that the commission functions more reliably. The matter was concluded with these directions, with legal counsel appearing for both the petitioner and the respondents during the proceedings. Investors and observers of public policy may monitor whether these directives lead to measurable improvements in the disposal rates of RTI appeals in the coming months.