ANJALI BHARDWAJ AND OTHERS versus UNION OF INDIA AND OTHERS

Citation: [2019] 2 S.C.R. 199 · Decided: 15-02-2019 · Supreme Court of India · Bench: A.K. SIKRI · Disposal: Disposed off

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Judgment (excerpt)

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ANJALI BHARDWAJ AND OTHERS
v.
UNION OF INDIA AND OTHERS
(Writ Petition (Civil) No. 436 of  2018)
FEBRUARY 15, 2019
[A. K. SIKRI AND S. ABDUL NAZEER, JJ.]
Right to Information Act, 2005:
ss. 7, 19, 12(5) and 13(5) –  Effective implementation of the
Act – Sought by filing writ petition u/Art. 32 of Constitution –
Alleging that non-filling of vacancies  of Information Commissioners
in timely manner in Central Information Commission (CIC) and State
Information Commissions (SICs) stifles the functioning of the Act,
resulting in huge backlog of appeals and complaints – It was also
alleged that there was lack of transparency in appointment of
Information Commissioners – It was sought that terms and conditions
on which the appointments are to be made, should be clearly stated
– Held: Right to information is a fundamental right which flows
from Arts. 19(1)(a) and 21 –  There is a definite link between right
to information and good governance – Transparency is the key for
functioning of a healthy democracy – There has been undue delays
in filling up of the vacancies – The respondents are directed to fill
up the vacancies without any delay – Insofar as transparency in
appointment is concerned, all the States are directed to follow the
system adopted by the Central Government, of placing all necessary
information on the website – Though terms and conditions of
appointment are provided in s. 13(5), it would be appropriate to
specify the terms and conditions of appointment in the advertisement
and also put the same on the website – Information Commissioners
should be appointed also from other streams as mentioned in the
Act and should not be limited only to the Government employees/ex
Government employees.
Disposing of the petition, the Court
HELD:  1. The right to information is a fundamental right
and flows from Article 19(1)(a), which guarantees right to speech.
This right has also been traced to Article 21 which concerns about
right to life and liberty.  Transparency is the key for functioning
of a healthy democracy.  [Para 10][210-G-H, 211-A]
[2019] 2 S.C.R. 199
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200                    SUPREME COURT REPORTS            [2019] 2 S.C.R.
State of Uttar Pradesh v. Raj Narain (1975) 4 SCC
428: [1975]  3  SCR  333 ; S.P. Gupta v. President of
India and Others (1981) Supp SCC 87 : (1982)
 SCR 365 –  followed.
Reliance Petrochemicals Ltd. v. Proprietors of Indian
Express Newspaper, Bombay Private Limited and others
(1988) 4 SCC 592 :  [1988] 3  Suppl.  SCR  212; Union
of India and Another v. Association of Democratic
Reforms (2002) 5 SCC 294 : [2002]  3 SCR 696;
Reserve Bank of India v. Jayantilal N. Mistry (2016) 3
SCC 525 : [ 2015] 14  SCR 505  –  relied on
Article by Alwin Toffler titled “What will our future be
like?”  –  referred to
2. The right to information, is not only a constitutional
right of the citizens but there is a legislation in the form of Right
to Information Act (RTI) which provides a legal regime for
people to exercise their fundamental right to information and to
access information from public authorities.  The very preamble
of the Act captures the importance of this democratic right.
[Para 19] [215-B]
3. There is a definite link between right to information
and good governance.  In fact, the RTI Act itself lays emphasis
on good governance and recognises that it is one of the objectives
which the said Act seeks to achieve.  The RTI Act would reveal
that four major elements/objectives required to ensure good
governance are: (i)  greater transparency in functioning of public
authorities; (ii)  informed citizenry for promotion of partnership
between citizens and the Government in decision making process;
(iii)  improvement in accountability and performance of the
Government; and (iv)  reduction in corruption in the Government
departments. [Para 18][214-G-H, 215-A]
4. There are various provisions in this RTI Act which are
incorporated in order to ensure that right to information becomes
a reality. It is a self-contained legislation, providing a
comprehensive framework in this behalf. [Para 20][215-D]
5. It is correct that there have been undue delays in filling
up of the vacancies.  It is expected that the vacancies shall be
filled up, in future, well in time. [Para 34][226-F]
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6.1 From the status report of Union of India it becomes
clear that the procedure is now adequately transparent.  The
Department of Personnel and Training has put on website
information 

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