Key Highlights:
- Central Information Commission operating with only 2 commissioners while 8 posts remain vacant since November 2023
- Supreme Court demands status reports from all states by November 17 on filling Information Commissioner positions
- Massive backlog of nearly 3 lakh RTI appeals pending nationwide due to chronic understaffing
Initial Context: Crisis Deepens in India’s Transparency Regime
The Supreme Court’s intervention on October 26, 2025, highlighted a deepening crisis in India’s Right to Information (RTI) infrastructure, as RTI Central Information Commission vacancies continue to cripple the nation’s transparency framework. The apex court’s direction to the Centre and all state governments to expedite appointments reflects growing concerns that systematic delays in filling commissioner positions are effectively undermining citizens’ fundamental right to information.
Justice Surya Kant, heading the bench with Justice Joymalya Bagchi, expressed serious concerns about the continuing RTI Central Information Commission vacancies that have left the CIC without a chief and operating with severely reduced capacity. The court’s acknowledgment that transparency must be ensured in the appointment process signals judicial recognition that the current situation threatens to render the RTI Act ineffective.
Advocate Prashant Bhushan, representing petitioner Anjali Bhardwaj, argued that the persistent RTI Central Information Commission vacancies represent a deliberate attempt by both central and state governments to “kill RTI” through administrative neglect. The petition highlighted that eight of ten commissioner posts have remained vacant since November 2023, creating an unprecedented crisis in the commission’s functioning.
The Centre’s assurance to complete the appointment process within three weeks came after months of delay, with the search committee having completed its work but the selection committee yet to finalize appointments. This pattern of delays has become a recurring theme, with the RTI Central Information Commission vacancies representing the seventh time in eleven years that the commission has been left without a chief.
“जब सवालों को चुप कराया जाता है, सच अँधेरों में छिप जाता है — पर रोशनी को हमेशा दबाया नहीं जा सकता।”
— CM Faiz (@cm_faiz) October 28, 2025
The Right to Information Act was one of the most empowering laws brought by the UPA Government — it gave ordinary citizens the courage to question power and demand… pic.twitter.com/XrvQs2s5OR
Current State of Information Commissions Nationwide
Vacant Positions and Operational Status:
- Central Information Commission: 8 out of 10 commissioner posts vacant, no Chief Information Commissioner
- State Information Commissions: Jharkhand defunct for over 5 years, Himachal Pradesh non-functional
- Total pending cases: Nearly 4.13 lakh appeals and complaints nationwide as of 2025
The crisis extends far beyond RTI Central Information Commission vacancies, encompassing a systematic breakdown of information commissions across India. According to the latest Report Card on Information Commissions by Satark Nagrik Sangathan, seven out of 29 information commissions were defunct for varying periods in 2023-24, with several others operating at drastically reduced capacity.
Maharashtra leads with the highest backlog of over 95,000 pending cases, followed by Karnataka with 47,825 and Tamil Nadu with 41,059 appeals and complaints awaiting resolution. The RTI Central Information Commission vacancies have contributed to a national crisis where citizens must wait over a year in many states for their RTI appeals to be heard, effectively rendering the information meaningless due to delays.
The Jharkhand State Information Commission exemplifies the severity of the crisis, having been completely non-functional for over five years after the last commissioner’s tenure ended in May 2020. Similarly, Himachal Pradesh’s commission remains dysfunctional, while Chhattisgarh operates with only one commissioner despite handling nearly 35,000 pending appeals and complaints.
These RTI Central Information Commission vacancies and similar gaps in state commissions have created a cascade effect, with the backlog increasing from 3.88 lakh cases in 2024 to 4.13 lakh in 2025. Research indicates that at current disposal rates, new RTI appeals filed in Telangana could take nearly 29 years to resolve, while Tripura faces a 23-year waiting period for case disposal.
Legal Framework and Appointment Challenges
Supreme Court Directions and Government Response:
- Selection committee comprises Prime Minister, Leader of Opposition, and nominated Union Minister
- Court demands transparency in shortlisting process and public disclosure of candidate names
- Government assurance of completing appointments within 2-3 weeks after months of delay
The legal framework for addressing RTI Central Information Commission vacancies involves a three-member selection committee headed by the Prime Minister, including the Leader of Opposition in Lok Sabha and a Union Cabinet Minister nominated by the PM. However, the Supreme Court’s 2019 judgment in Anjali Bhardwaj v. Union of India established clear guidelines requiring transparent and timely appointments to prevent the RTI regime from becoming ineffective.
Additional Solicitor General K.M. Nataraj’s assurance that no appointments have been made without following proper procedures came amid allegations that the government was appointing individuals who had not applied for positions. The RTI Central Information Commission vacancies persist despite repeated Supreme Court directions, with the court having issued five prior orders directing timely filling of positions.
The transparency activists’ demand for public disclosure of applicant names and shortlisting criteria reflects concerns about the appointment process’s credibility. Previous instances of RTI Central Information Commission vacancies have revealed patterns where the government seeks repeated extensions despite knowing well in advance when positions would become vacant due to tenure completion or retirement age.
The court’s observation that sometimes suitable candidates do not apply for these positions highlights structural issues in attracting qualified individuals to information commissioner roles. However, activists argue that the lack of transparency in the current process undermines public confidence and violates the RTI Act’s fundamental principle of openness in governance.
Impact on Citizens and Democratic Governance
Consequences of Prolonged Vacancies:
- Over 3 lakh RTI applications pending disposal across information commissions
- Citizens waiting 1-29 years for appeals resolution depending on state
- Effective denial of fundamental right to information through administrative delays
The RTI Central Information Commission vacancies have created a situation where an estimated 4 to 6 million RTI applications filed annually across India face unprecedented delays in processing. The commission’s reduced capacity has resulted in a backlog where the CIC alone has over 20,000 pending cases, with disposal times extending to nine months for new appeals.
Citizens seeking information from government authorities now face waiting periods that can extend beyond the useful life of the requested information. Research shows that 14 information commissions across India would require more than one year to dispose of a fresh appeal or complaint, effectively transforming the right to information into a right to delayed or meaningless information.
The RTI Central Information Commission vacancies particularly impact marginalized communities who depend most heavily on government services and therefore require timely access to information. These delays have broader implications for democratic governance, as they inhibit citizens’ ability to hold authorities accountable for corruption, policy failures, or service delivery lapses.
The penalty mechanism under the RTI Act has also been severely undermined by staffing shortages, with commissions imposing penalties in only 5% of cases where violations were recorded. This creates a culture of impunity among public information officers, who face minimal consequences for denying or delaying information disclosure, further exacerbating the crisis created by RTI Central Information Commission vacancies.
Closing Assessment: Systemic Reforms Needed for RTI Revival
The Supreme Court’s latest intervention represents a critical juncture in addressing the RTI Central Information Commission vacancies that threaten to render India’s transparency law ineffective. The directive for all state governments to file status reports by November 17 signals judicial recognition that this crisis extends beyond the central commission to encompass a nationwide breakdown of information infrastructure.
The Centre’s commitment to complete appointments within three weeks offers hope for immediate relief, but the recurring pattern of RTI Central Information Commission vacancies suggests that systemic reforms are necessary to prevent future breakdowns. The court’s emphasis on transparency in the appointment process addresses activists’ concerns about the credibility of the selection mechanism, potentially setting new standards for future appointments.
However, addressing RTI Central Information Commission vacancies alone will not resolve the broader crisis facing India’s RTI regime, which requires sustained commitment to maintaining adequate staffing, ensuring timely appointments, and strengthening the institutional framework. The success of these measures will ultimately determine whether India’s fundamental right to information remains a meaningful democratic tool or becomes another casualized constitutional promise.
