Why can’t Human Rights Commission become ‘ad hoc’ Information Commission in States with few RTI appeals, asks Supreme Court

The Supreme Court on Tuesday (February 10, 2026) mooted whether or not the Chairpersons of Human Rights Commissions of States with low visitors of Proper to Information (RTI) appeals might be given extra accountability of appearing as Chief Information Commissioners (CICs) until there is a rise in workload.

“Suppose it’s simply 100 appeals pending in a State Information Commission… Any establishment you create is a burden on the general public exchequer. Taxpayers’ cash have to be spent on growth actions or one thing… Why not in such States, as an ad-hoc mechanism, the ability of the Information Commissions be given to the State Human Rights Commissions?” Chief Justice of India Surya Kant, heading a three-judge Bench, requested advocates Prashant Bhushan and Rahul Gupta for the petitioners.

The courtroom was listening to a petition filed by petitioners Anjali Bhardwaj, Commodore Lokesh Batra (retired) and Amrita Johri, looking for well timed and clear appointments to the Information Commissions underneath the RTI Act.

Chief Justice Kant remarked that State Human Rights Commissions (SHRCs) had been headed by former judges, if not retired Chief Justices of the Excessive Courts.

The Chief Justice mentioned the “ad-hoc mechanism” might proceed until the variety of RTI appeals will increase in “due course of time” and “justifies the creation of an unbiased Information Commission”.

The CJI mentioned, in the in the meantime, for the interregnum when the overall and general pendency of RTI appeals was low, the “creation of a separate establishment” will not be justified.

Mr. Bhushan mentioned Information Commissions act as unbiased establishments imposing the folks’s elementary proper to know. These Commissions maintain governments and its businesses accountable and demand transparency.

Information Commissions have been made defunct by means of vacancies in the submit of Information Commissioners for years collectively. The variety of RTI appeals have been lowered to a trickle, and in some States, to nothing as they aren’t being accepted. Individuals have stopped submitting appeals as there was no functioning Information Commission in their State, he submitted.

“When folks see that their appeals can’t be determined, they naturally cease submitting appeals,” Mr. Bhushan submitted.

A chart produced by the petitioners confirmed that State Information Commissions like in Jharkhand and Himachal Pradesh have become “defunct” with neither Information Commissioners appointed nor any appeals being filed.

In the meantime, the Supreme Court ordered the Union authorities to file a standing report on the current appointments made to the Central Information Commission (CIC).

Nonetheless, Mr. Bhushan identified that information just like the minutes of assembly of the high-powered choice committee chaired by the Prime Minister and the dissent observe of the Chief of Opposition of the Lok Sabha weren’t positioned in the general public area.