Allied Laws

Right to Information Act, 2005

Salient Features

Right to Information Act (RTI) is an act of the Parliament of India which sets out the rules and procedures regarding citizens’ right to information. It provides for an independent machinery for enabling the citizens to obtain information about the functioning of various Government bodies

The basic objective is to empower the citizens, promote transparency and accountability in the working of the Government, control corruption and make democracy work for the people in real sense. The same is achieved through setting the easy and inexpensive procedure by way of which one can apply for the required information and receive it in a time bound frame. It is codification of citizen’s right to information, which existed since the time India became a republic, but was difficult to enforce without going to the Court. With a separate Act and rules made thereunder, the same is now a reality.

The Act lays down the contents of the obligation to furnish information as also has made distinction as to the matters to which the obligation is not attached. It also lists down the matters which are exempted for being furnished as and by way of information to the applicant.

The Act bars jurisdiction of Civil Courts.

Main Points

When the Act became applicable and to whom the same is applicable?

RTI Act came into force on the 12th October, 2005.
The Act extends to the whole of India including the State of Jammu and Kashmir, post revocation of Article 370.
Only citizens of India are entitled for right to information. An NRI is eligible to apply if he is holding Indian passport, but not otherwise. Bodies like companies, trusts, firms, etc. have no right to information. However, CIC in some cases have allowed application from such entities.

Who are covered under the RTI Act, 2005?

All public authorities are covered under the RTI Act, 2005. A public authority (PA) is any authority or body or institution of self- Government established or constituted:
1. by or under the Constitution
2. by any other law made by Parliament
3. by any other law made by State Legislature
4. by notification issued or order made by the appropriate Government and includes any—
  1. Body owned, controlled or substantially financed.
  2. Any non-government organisation substantially financed directly or indirectly by the appropriate Government.

The RTI Act, 2005 covers a wide spectrum of bodies, institutions etc. of the Central Government and the State Governments, Panchayat Raj institutions, Local Bodies and also all bodies, and NGOs that are owned, controlled or substantially financed by the Government, directly or indirectly.

Who are exempted from the application of the RTI Act, 2005?

A total of 25 Central Intelligence and Security agencies as specified in the Second Schedule have been excluded from the application of this Act. The list includes Directorate of Revenue Intelligence, Intelligence Bureau, Directorate General of Income-tax (Investigation), Central Bureau of Investigation and Agencies specified by the State Governments through exemption notification. The exclusion, however, is not absolute and these organisations have an obligation to provide information pertaining to allegations of corruption and human rights violations.

What is the implementing structure of the RTI Act?

The Public Information Officer (PIO) is at the first rung.
The officer who is senior in rank in the same Public Authority, is the First Appellate Authority (FAA).
Central Information Commission (CIC) or State Information Commission (SIC) as the case maybe, is the second Appellate Authority.

Who are Public Information Officers (PIOs)?

The PIO is an officer designated by a public authority in each of its administrative units or offices to provide information to the citizens requesting for information under the Act. Any officer, whose assistance has been sought by the PIO for the proper discharge of his duties, shall render all assistance and for the purpose of contraventions of the provisions of this Act, such other officer shall be treated as a PIO.

What does Right to Information mean?

It means the right to information accessible under the Act which is held by or under the control of any public authority and includes the right to -

inspect works, documents, records.
take notes, extracts or certified copies of documents or records.
take certified samples of material,
obtain information in form of printouts or in any other electronic mode such as video, tapes etc.

What does information mean under the Act?

Information means any material already available with the public authority in physical or electronic form and also includes information relating to any private body which can be accessed by a public authority under any other law for the time being in force. Information may be in any form including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material etc. The PIO is not required to generate/create information. The PIO is not expected to give any explanation or interpretation of the available data.

Can information be denied?

The PIO can deny information if there is some error in the application process or if the fees have not been paid, or if the information being sought is not held, or if the authority to which the application is made is not a ‘public authority’. The RTI Act overrides all other Acts and Rules so the PIO cannot withhold information citing another Act.

What kind of information is not open to disclosure?

The following information is exempt from disclosure

information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence;
information which has been expressly forbidden to be published by any Court of law or Tribunal or the disclosure of which may constitute contempt of Court;
information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;
information including commercial confidential trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;
information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;
information received in confidence from foreign Government;
information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;
information which would impede the process of investigation or apprehension or prosecution of offenders;
cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers;
information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual.

Notwithstanding anything in the Official Secrets Act, 1923 nor any of the exemptions permissible in accordance with sub- section (1) a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.

Subject to the provisions of clauses (a), (c) and (i) as stated above, any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made shall be provided to any person making a request under that section:

A PIO may reject a request for information where such a request for providing access would involve an infringement of copyright subsisting in a person other than the State.

Is partial disclosure of information allowed?

Only that part of the record which does not contain any information which is exempt from disclosure and which can reasonably be severed from any part that contains exempt information, may be provided.

When do you file an RTI?

An RTI may be filed when:

One needs information on some activity of the Government, or reasons recorded (if any) for certain decisions.
One knows or suspects corruption or wrong doing in some department or activity.
When bribes are sought by Government official for performing his duties, such as issue of ration card or water connection or an authority refuses to act on a complaint or a FIR.
One feels one could suggest improvements, if one has the information.

What is the application procedure for requesting information?

A RTI application needs clarity of the issue, a single sheet of paper and payment of prescribed RTI fees (₹ 10 for State of Maharashtra). A step-by-step process for filing a RTI application can be as follows:

Gather facts for which information is sought.
Draft the RTI application.
Locate your “Public Information Officer” (PIO).
File the application
Pay the prescribed fees (BPL exempted from such payment)
Receive the acknowledgement

There is no need to mention applicant’s address in the RTI application. One may just mention operational PO Box number. Though it is not mandatory, it is advisable to mention your contact number and/or e-mail to facilitate communication. Hand written applications are also permitted. It can also be filed electronically through e-mail.

Though there is no specified form to be filed, many States including Maharashtra and Gujarat, do have a prescribed format for filing an RTI application.

What is the process of RTI application to PA in Central Government?

For application and for filing an appeal to any PA in Central Government departments, the Department of Posts has designated 629 postal office at the national level. The designated offices in these post offices work as Assistant PIOs and collect the application to forward to the concerned PIO. Same is done without charging you the cost of forwarding. A list is available on http://www. indiapost.gov.in/rticontents.html.

What is the time limit for you to get the information?

The information should be received

30 days from the receipt of the request.
48 hours if the information is concerning the life and liberty of a person.
5 days shall be added to the above response time, in case the application for information is given to Assistant Public Information Officer.
If the interests of a third party are involved then time limit will be 40 days. 10 days are added to the 30 days for the third party to make representation.

What happens if the information asked is denied by the PIO giving reasons mentioned in the exclusion clauses?

If no answer is received within prescribed time, it is ‘deemed refusal’. If there is a justifiable reason for withholding the information, one will not get the information. If one feels the reason is unjustified, one can appeal to a higher officer in the relevant PA.

What is the system of appeal?

If the application has not been answered, or the information is incomplete, or incorrect, one can appeal against the PIO to the First Appellate Authority (FAA). If the PIO rejects the application for information, he has to inform the applicant the particulars of the Appellate Authority and the reasons for rejection. If no reply is received, or the PIO has not mentioned the name of the Appellate Authority, one can address the appeal to the Head of the Office/PIO. While filing the appeal, it is recommended that all relevant documents be attached.

FAA shall dispose of the application within 30 days of the receipt of the appeal or within such extended period not exceeding a total of 45 days from the date thereof, as the case may be, for reasons to be recorded in writing.

The Appellate Authority though belonging to the same department as the PIO is actually conducting a quasi-judicial proceeding and expected to give a fair and unbiased order based on your submissions in the appeal. The actual outcome may be:

One gets an order directing the PIO to give the information (reasonable chance);
One may get an order rejecting the appeal and refusing to give the information;
One may get no reply at all. This is deemed rejection, once the period of 30/45 days is over.

If one is not satisfied with the outcome, one can file Second Appeal with the Information Commission within 90 days. There are separate Information Commissions for the State and for Central Government organisations. The power to penalise PIOs is only with the Information Commission.

Can a penalty be imposed on the PIO? When is it imposed on the PIO?

RTI is one Act in India which imposes penalty on bureaucrats named as PIO in the Act.

A penalty is imposed when a PIO commits any of the following defaults without any reasonable cause:

has refused without any reasonable cause to receive an application for information,
has not furnished information within the time specified under s. 7(1);
malafidely denied the request for information;
knowingly given incorrect, incomplete or misleading information;
destroyed information which was the subject of the request;
obstructed in any manner in furnishing the information.

The Act provides penalty on PIO at ₹ 250 per day for the period of delay i.e., until he gives the information, subject to maximum of ₹ 25,000.

This penalty is payable by the PIO from his salary and he is also liable for disciplinary action.

The penal provisions on PIO are the real teeth of the Act. It ensures that PIO does not take citizen’s right to demand information in casual manner.

Recent Developments

Focus on the Centre, Maharashtra and Gujarat

In 2012, some amendments in the Rules of the Central Government and Maharashtra Government were made to limit the number of words in the application and restricting application to one subject only.

Similar amendments have been made in the Rules of Karnataka, Bihar and Chhattisgarh, same can be viewed on the relevant State’s website as provided in Chapter 11.

RTI Online

Department of Personnel & Training has launched a web portal on 21st August, 2013, namely RTI online with URL www.rtionline.gov.in for all Central Ministries/Departments. This is a facility for the Indian citizens to file RTI applications and First Appeals online to all Central Ministries/Departments. The prescribed RTI fees can also be paid online. Reply to the RTI applications and First Appeals received online can also be given online by the respective PIOs/FAAs.

The year 2015 brought cheers to the RTI applicants of Maharashtra as the State Government has decided to permit online filing of RTI applications. All the departments of the State Government have started receiving online RTI application since April 1, 2015.

However, RTI Amendment Act 2019 passed on July 25 2019 modified the terms and conditions of service of the CIC and Information Commissioners at the Centre and in States. It had been strongly criticized as watering down the independence of the information commissions.

Links to relevant websites

Some of the websites listed below are dedicated solely to providing information on RTI. Others have RTI as one of its contents. These websites provide lot of information and answers to our queries on RTI. Please check the updation on these websites as many of these websites are not updating regularly.