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Constitutional · Reportable judgment

Case Details Kishan Chand Jain vs Union of India & Ors.

Court
Supreme Court of India
Date
9 October 2023
Case No.
Writ Petition (Civil) No. 360 of 2021
Result
Disposed
Bench
D.Y. Chandrachud, J.B. Pardiwala, Manoj Misra
Citation
[2023] 14 S.C.R. 477 : 2023 INSC 915
Supreme Court Reports [2023] 14 S.C.R. 477 : 2023 INSC 915
Issue for consideration
The petitioner urges that the State Information Commissions should allow the option of virtual hearings along with physical hearings.
Headnote

Constitution of India – Art. 21 – Access to justice: Held: Access to justice is a right of constitutional purport which signifies that individuals have effective means to approach legal institutions to seek appropriate legal remedies – The ability to access legal institutions empowers individuals to understand and exercise their legal and constitutional rights – Access to justice enhances the quality of human life and, therefore, is an important facet of right to life u/Art. 21. [Para 19] Constitution of India – Arts. 14, 21, 39A – Constitutional duty of the organs of the State to provide with means for access to justice: Held: Art. 39A of the Constitution recognizes the rights of citizens to equal justice and free legal aid – Reading Arts. 14, 21, and 39A harmoniously, it is evident that is the constitutional duty of the organs of the state to provide individuals with the means of access to justice in an effective and efficient manner – Particularly, it is duty of the Government to raise the standards of infrastructure by adopting technology to make institutional processes accessible and inclusive. [Para 20]

Information Technology – Technological advancements – Virtual Courts – Video-conferencing – Expansion of courtroom area beyond the walls of the courtroom:

Held: The recent technological advancements in terms of videoconferencing must be used to promote inclusion of people living in remote areas within the fold of the justice delivery mechanism – Physical courts require the litigants and parties living in remote areas to travel long distances to appear before the court – With increasing costs of travel and other related expenses, video-conferencing solutions provide a cost-effective and efficient alternative to the physical courts – Technology allows to create and use a “virtual courtroom” which is as real as any physical courtroom – In more than one-way, virtual courts democratize legal processes by expanding the courtroom area beyond the walls of the courtroom. [Para 21] Constitution of India – Constitutional duty of every adjudicatory institution to adopt technological solutions:

Read the full headnote (7 more paragraphs)

Held: It is a constitutional duty of every adjudicatory institution, may it be courts, tribunals, or commissions, to adopt technological solutions such as video-conferencing and make them available to litigants and the members of the Bar on a regular and consistent basis – The use of technology is no longer an option – Properly deployed for the purpose of conducting hybrid or virtual hearings, technology has the potential to ensure access to justice by obviating the need for citizens to travel long distances to secure the right of being heard. [Para 22]

Right to Information Act, 2005 – State Information Commissions directed to provide hybrid mode of hearing:

Held: Access to the Information Commissions is integral to securing the right to information, which is a necessary concomitant of right to equality u/Art. 14, the freedom of speech and expression u/Art. 19(1)(a) of the Constitution, and the right to life under Art. 21 – It was directed that all SICs across the country must provide hybrid modes of hearing to all litigants for the hearing of complaints as well as appeals – All SICs must provide an option for availing of a hybrid mode of hearing which shall be at the discretion of the applicant, or as the case may be, the appellant – The links for availing of the option must be stipulated in the daily cause list of the Information Commissions across the country – Apart from that, SICs directed to ensure that e-filing of complaints and appeals is provided in a streamlined manner to every litigant – Steps should also be taken having regard to the provisions of s.26 of the RTI Act to ensure that service is effected on the Public Information Officers through the electronic mode. [Paras 23, 24]

LIST OF CITATIONS AND OTHER REFERENCES

Chief Information Commissioner v. State of Manipur (2011) 15 SCC 1 : [2011] 13 SCR 505; Union of India v. Namit Sharma, (2013) 10 SCC 359 : [2013] 13 SCR 96; State of U.P. v. Raj Narain (1975) 4 SCC 428 : [1975]

3 SCR 333; S.P. Gupta v. Union of India 1981 Supp SCC 87 : [1982] SCR 365; Dinesh Trivedi v. Union of India (1997) 4 SCC 306 : [1997] 3 SCR 93; Secretary, Ministry of Information and Broadcasting, Government of India v. Cricket Association of Bengal (1995) 2 SCC 161 : [1995] 1 SCR 1036; Reliance Petrochemicals Ltd v. Proprietors of Indian Express Newspapers, Bombay Pvt Ltd (1988) 4 SCC 592 : [1988] 3 Suppl. SCR 212; Anjali Bharadwaj v. Union of India (2019) 18 SCC 246, Kishan Chand Jain v. Union of India 2023 SCC OnLine SC 1021; Anita Kushwaha v. Pushap Sadan (2016) 8 SCC 509 : [2016] 9 SCR 560; Brij Mohan Lal v. Union of India (2012) 6 SCC 502 : [2012] 5 SCR 305; Swapnil Tripathi v. Supreme Court of India (2018) 10 SCC 639 : [2018] 11 SCR 57; M P High Court Bar v. Union of India, 2023 SCC OnLine SC 365 – referred to. OTHER CASE DETAILS INCLUDING IMPUGNED

ORDER AND APPEARANCES

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

JUDGMENT / ORDER OF THE SUPREME COURT ORDER 1. The petitioner invokes the jurisdiction of this Court under Article 32 of the Constitution seeking directions for the better functioning of the State Information Commissions1 under the Right to Information Act, 2005.2 It is stated that the SICs, along with the Central Information Commission,3 play a pivotal role in the proper implementation of the RTI Act. However, most of the SICs are located in the capital cities of the States and conduct proceedings physically. The petitioner asserts that this imposes prohibitive costs on applicants and appe
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