Supreme Court Directs Online RTI Portals To Be Set Up In All HCs In Three Months

The Supreme Court on Monday directed all High Courts to to set up of online RTI Portals within three months, if they have not done so already. The direction was passed by a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala in the plea seeking mechanism to set up an online portal for e-filing Right to Information (RTI) applications and first appeals in High Courts.

At the outset, CJI DY Chandrachud expressed his surprise over High Courts still not having established online RTI portal and highlighted that the Supreme Court had launched its online portal for filing RTI applications in relation to the Court. 

Through the proceedings, it was highlighted that the High Courts of Delhi, Madhya Pradesh, and Orissa had set up online RTI portals. However, no High Court had established the online portals for subordinate judiciary. 

While stating that at present, persons seeking RTI from High Courts or subordinate judiciary had to make physical applications, the petitioner urged that online portals would facilitate Indian citizens in seeking access to information under the RTI, 2005. The bench noted that the Chief Justices of High Courts would be the competent authority and took into account the submission of the petitioners that asserted that the Chief Justices of High Courts shall ensure that portals are formulated.

While dictating the order, CJI DY Chandrachud remarked–

"Section 6(1) of RTI, 2005 states that a person who desires to get information under the act shall do so via an application physically or through electronic means. This provision indicates that RTI applicant has a statutory right to move application by electronic means. Though the RTI Act came in 2005, online web portals are still to be operationalised by some of the High Courts after 17 years. HCs of MP, Delhi, and Orissa have set up web portals. Such portals shall be set up in all High Courts within 3 months. We request the Registrar Generals to take administrative directions from the Chief Justices of High Courts. NIC shall provide all logistical and technical assistance. Petition is disposed of."

The plea in question has been filed by NGO, Pravasi Legal Cell. As per the petition the lack of online filing facilities of RTI applications causes many issues including NRIs having to file physically the applications for any information they required from governments. As per the petition–

"Right to Information Act provides a legal mechanism to enforce and implement the citizen's right to information guaranteed under Article 19(1)(a) and Article 21 of the Constitution of India. The present system of submitting RTI applications and the corresponding reply from the concerned information officer in physical form take more time which in turn reduces the efficiency of the entire RTI mechanism thus defeating the very purpose of the legislation."