Supreme Court Directs States to Appoint Disability Commissioners Within Four Weeks, Warns Against Delay

"This direction shall be strictly complied with and none of the States should exhibit any laxity." — Supreme Court

Supreme Court Orders States and UTs to Appoint Disability Commissioners

The Supreme Court of India on July 29, 2026, directed several States and Union Territories that have not yet appointed State Commissioners for Persons with Disabilities under Section 79 of the Rights of Persons with Disabilities (RPWD) Act, 2016, to complete the appointments within four weeks.

The Court warned that any delay or laxity in complying with its direction would be viewed very strictly.

A Bench comprising Justice J.B. Pardiwala and Justice K.V. Viswanathan passed the directions while hearing a batch of petitions, including Rajive Raturi v. Union of India, concerning accessibility and the implementation of disability rights across the country.

States and UTs Yet to Appoint Disability Commissioners

Appearing for the petitioner, Advocate Rahul Bajaj informed the Court that several States and Union Territories had failed to appoint State Commissioners despite the statutory requirement under Section 79 of the RPWD Act.

The States and Union Territories identified before the Court include:

• Delhi

• Haryana

• Rajasthan

• Himachal Pradesh

• Karnataka

• Tamil Nadu

• Nagaland

• Sikkim

• Puducherry

• Andaman and Nicobar Islands

The Supreme Court directed all these governments to complete the appointments within four weeks.

Supreme Court Warns Against Non-Compliance

While issuing directions, Justice J.B. Pardiwala emphasized the importance of strict compliance.

The Court observed:

"This direction shall be strictly complied with and none of the States should exhibit any laxity. Laxity, if any, shall be viewed very strictly."

The Bench further directed that the appointed Commissioners must hold the office with independent charge, ensuring effective implementation of disability rights.

Supreme Court Also Directs Centre to Appoint Chief Commissioner

During the hearing, Advocate Rahul Bajaj also pointed out that the Chief Commissioner for Persons with Disabilities at the Centre is presently not serving full-time.

Instead, the Secretary of the Department of Empowerment of Persons with Disabilities is holding the post as an additional charge, which, according to the petitioner, violates Rule 30(3) of the Rights of Persons with Disabilities Rules, 2017, requiring an officer to relinquish other responsibilities upon assuming the office.

Taking note of the submission, the Supreme Court directed the Union Government to appoint:

• Chief Commissioner for Persons with Disabilities

• Two Additional Commissioners

within four weeks, as required under Section 74 of the RPWD Act, 2016.

Accessibility Rules Under Preparation

Additional Solicitor General Aishwarya Bhati informed the Court about the progress made in framing accessibility rules since February 2026.

According to the Union Government, work is progressing on rules relating to:

• Built Environment

• Information and Communication Technology (ICT)

• Assistive Technology

The Court was informed that the draft notification relating to the Built Environment is ready and will be notified after receiving the necessary approvals.

Supreme Court Asks Centre to Consider Stakeholders' Suggestions

Counsel appearing for the petitioners requested the Court that their suggestions should be considered before the accessibility rules are finalized.

The Bench agreed and urged the Union Government to carefully examine the recommendations.

The Court observed:

"We urge the Union to look into the suggestions given by the petitioners and try to understand the same. We say so because once the rules are notified, it should not happen later that some shortcomings are highlighted in the same."

The Court further directed the Centre to consult domain experts and remove any deficiencies before finalizing the rules so that they effectively improve accessibility for persons with disabilities.

Court Raises Concern Over Recovery of Penalties

The petitioners also highlighted an issue relating to Section 89 of the RPWD Act, which provides punishment for violations of the Act.

It was pointed out that although penalties can be imposed, no mechanism currently exists for recovering the fines.

The Supreme Court asked the Union Government to examine this issue while finalizing the rules and ensure that an effective recovery mechanism is incorporated.

Six-Month Deadline for Rule-Making

While directing appointments of Commissioners within four weeks, the Supreme Court also instructed the Union Government to complete the entire rule-making exercise within six months.

The directions aim to strengthen the implementation of the Rights of Persons with Disabilities Act and improve accessibility across India.

Key Highlights

• Supreme Court directed States and UTs to appoint State Commissioners for Persons with Disabilities within four weeks.

• Court warned that any delay would be viewed very strictly.

• Delhi, Haryana, Rajasthan, Karnataka, Tamil Nadu and several other States/UTs are yet to appoint Commissioners.

• Centre directed to appoint the Chief Commissioner and two Additional Commissioners within four weeks.

• Accessibility rules covering Built Environment, ICT and Assistive Technology are under preparation.

• Supreme Court asked the Union Government to consider stakeholders' suggestions before finalizing the rules.

• Court also asked the Centre to create a mechanism for recovering fines imposed under the RPWD Act.

• Rule-making process must be completed within six months.

Case Details

Case Title: Rajive Raturi v. Union of India and Connected Matters

Diary Number: 9321 of 2005

Court: Supreme Court of India

Bench: Justice J.B. Pardiwala and Justice K.V. Viswanathan