The Supreme Court has directed the Union Government and ten States and Union Territories to fill vacant posts of Chief Commissioner, Additional Commissioners and State Commissioners for Persons with Disabilities within four weeks, while emphasising that the draft accessibility rules under the Rights of Persons with Disabilities (RPwD) Act, 2016 should be finalised only after meaningfully considering stakeholders’ suggestions.
A Bench of Justice J.B. Pardiwala and Justice K.V. Viswanathan was hearing a batch of petitions concerning the implementation of the RPwD Act and compliance with the Court’s November 8, 2024 judgment on accessibility. The Court noted that the Union had filed a fresh status report detailing progress made since its earlier order dated February 11, 2026.
The Union informed the Court that the final gazette notification relating to accessibility in the built environment was ready and awaiting approval, while draft rules concerning Information and Communication Technology (ICT) had already been published. It further stated that a draft report on assistive technologies, services and products had also been prepared.
Counsel appearing for the petitioners urged that their suggestions be considered before the draft rules are notified to ensure that no deficiencies remain in the implementation framework. Accepting the concern, the Court observed that the Union should ensure the rules effectively serve the objectives of the RPwD Act and urged it to examine the recommendations submitted by the petitioners and other stakeholders before finalising the rules. The Bench also directed that copies of the status report and draft rules be supplied to all stakeholders to enable them to respond.
On the issue of vacancies, the Court noted submissions that several States had not appointed State Commissioners under Section 79 of the RPwD Act. It directed Delhi, Haryana, Rajasthan, Himachal Pradesh, Karnataka, Andaman & Nicobar Islands, Nagaland, Puducherry, Sikkim and Tamil Nadu to appoint independent State Commissioners within four weeks, clarifying that the posts should not be filled through officers holding additional charge.
Also Read Lok Sabha Passes Bill Increasing Supreme Court Judge Strength to 37 Without Debate
The Bench also took note of the submission that the post of Chief Commissioner for Persons with Disabilities has remained without a full-time appointee since 2019, with the Secretary of the Department of Empowerment of Persons with Disabilities holding additional charge. Directing strict compliance with Section 74 of the RPwD Act, the Court ordered the Union Government to appoint the Chief Commissioner and two Additional Commissioners within four weeks.
Additionally, the Court urged the Union to address a legislative gap relating to enforcement of penalties under Section 89 of the RPwD Act by incorporating an effective mechanism for recovery of fines while finalising the rules. It also directed that the issuance of the proposed non-negotiable accessibility norms be completed within six months and posted the matter for reporting compliance on January 20, 2027.
