The Jammu & Kashmir and Ladakh High Court has stressed that the Central Information Commission (CIC) cannot allow Right to Information (RTI) appeals to remain pending for years, even though the RTI Act does not prescribe a statutory timeline for deciding second appeals and complaints.
While hearing a public interest litigation, the Division Bench refused to direct the CIC to dispose of all second appeals within 45 days, observing that courts cannot impose a timeline that Parliament has not incorporated into the RTI Act. The Bench held that issuing such a direction would effectively amount to judicial legislation rather than interpretation of the law.
However, the Court made it clear that the absence of a statutory deadline does not justify prolonged delays. It observed that appeals should not remain undecided for an unreasonable period and emphasized that the Commission has a responsibility to ensure timely disposal of matters.
Acknowledging the Commission’s submissions regarding heavy caseloads, staffing limitations and infrastructural challenges, the High Court nevertheless said these constraints cannot become a permanent reason for excessive pendency. It called upon the CIC to strengthen its administrative processes and develop an effective mechanism to reduce the backlog while efficiently handling newly filed appeals and complaints.
The Bench also noted that the petitioner had suggested several measures aimed at improving the Commission’s functioning. It observed that the CIC may examine those recommendations and implement any proposals that are practical and capable of enhancing the institution’s efficiency.
Disposing of the PIL, the High Court directed the Central Information Commission to address the issue of mounting pendency by taking appropriate administrative measures within the limits of its available resources. The judgment underscores the importance of ensuring that the objectives of the RTI Act are not undermined by prolonged delays in deciding appeals.
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