86 The RTI Act, 2005
86.1 Background and Purpose
The Right to Information Act, 2005 (RTI Act) gives every Indian citizen the right to seek information from any public authority — making government transparent and accountable. The Act was passed by Parliament on 15 June 2005 and came into force on 12 October 2005 (kapoor2023?).
The RTI Act replaced the older Freedom of Information Act, 2002 (which had not been brought into force).
86.2 Constitutional Basis
The right to information is implicit in Article 19(1)(a) — Freedom of Speech and Expression — which the Supreme Court has interpreted to include the right to know. Notable judgements: State of UP v. Raj Narain (1975), S.P. Gupta v. UoI (1981).
86.3 Objectives
| Objective | Working content |
|---|---|
| Empower citizens | To seek information from government |
| Promote transparency and accountability | In the working of public authorities |
| Combat corruption | By exposing irregularities |
| Make democracy work | By informed citizenry |
86.4 Scope — Public Authorities
A public authority (Sec. 2(h)) means any authority, body or institution constituted:
- By the Constitution.
- By a law made by Parliament or State Legislature.
- By Notification issued or order made by appropriate Government — including bodies owned, controlled or substantially financed by Government.
- Non-government organisations substantially financed (directly or indirectly) by Government.
86.5 What is “Information” (Sec. 2(f))
Information means “any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form…”.
The right (Sec. 2(j)) includes:
| Right | Working content |
|---|---|
| Inspection of work, documents, records | View originals |
| Taking notes, extracts or certified copies | Make copies |
| Taking certified samples of material | Of any inspection |
| Information in printed, diskette, floppy, electronic form | Modern form |
86.6 Procedure for Filing RTI
| Step | Action |
|---|---|
| 1 | Identify the public authority |
| 2 | Submit written application to Public Information Officer (PIO) |
| 3 | Pay prescribed fee (₹10 for Centre; varies by State) |
| 4 | PIO must respond within 30 days (48 hours for life and liberty) |
| 5 | If unsatisfied, first appeal within 30 days to First Appellate Authority |
| 6 | Second appeal within 90 days to Information Commission (CIC / SIC) |
A citizen need not give reasons for seeking information (Sec. 6(2)).
86.7 Exemptions (Sec. 8 and 9)
Section 8 lists categories of information that may be withheld:
| Exemption | Working content |
|---|---|
| Sovereignty / integrity / security / strategic / scientific / economic interests | (a) |
| Forbidden by court | (b) |
| Breach of parliamentary privilege | (c) |
| Commercial confidence / trade secrets / IP | (d) |
| Information held in fiduciary relationship | (e) |
| Foreign government information | (f) |
| Endangerment of life or physical safety | (g) |
| Impeding investigation, apprehension, prosecution | (h) |
| Cabinet papers (until completion) | (i) |
| Personal information not connected with public activity / privacy | (j) |
A public-interest override (Sec. 8(2)) allows disclosure if public interest outweighs harm.
86.8 Suo Motu Disclosure (Sec. 4)
Section 4 requires every public authority to suo motu (proactively) publish:
- Particulars of organisation, functions, duties.
- Powers and duties of officers.
- Decision-making procedures.
- Norms for discharge of functions.
- Rules, regulations, instructions, manuals.
- Categories of documents held.
- Public consultation arrangements.
- Boards, councils, committees.
- Directory of officers and employees.
- Monthly remuneration.
- Budget allocated.
- Subsidy programmes.
- Permits, concessions granted.
- Information available in electronic form.
- Names of PIOs.
Every public authority must update this every year and publish on its website.
86.9 Information Commissions
| Body | Mandate |
|---|---|
| Central Information Commission (CIC) | Central public authorities; Chief IC + max 10 ICs |
| State Information Commission (SIC) | State public authorities |
| Term and salary | Fixed by Centre under RTI (Amendment) Act 2019 (earlier 5 years / equivalent to EC) |
| Appointment | President / Governor on PM/CM committee recommendation |
86.10 Penalty (Sec. 20)
A PIO who without reasonable cause refuses to receive an application, fails to provide information, or knowingly gives wrong information faces a penalty of ₹250 per day, up to a maximum of ₹25,000.
86.11 Achievements and Limitations
| Achievements | Limitations |
|---|---|
| Transparency in government functioning | Pendency in Information Commissions |
| Citizen empowerment | Threats to RTI activists |
| Exposure of scams (CWG, 2G) | Wide exemption clauses |
| Pro-active disclosure under Sec. 4 | Quality of officials’ responses uneven |
| Decline in arbitrary administration | RTI (Amendment) 2019 reduced IC autonomy |
86.12 Comparison — RTI in Indian States
Some States — Tamil Nadu, Goa, Rajasthan, Karnataka — had earlier State RTI Acts before the central law. The central RTI Act now applies uniformly with State Information Commissions.
86.13 Exam-Pattern MCQs
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| Provision | Content | ||
| (i) | Sec. 2(h) | (a) | Definition of information |
| (ii) | Sec. 2(f) | (b) | Public authority |
| (iii) | Sec. 4 | (c) | Suo motu disclosure |
| (iv) | Sec. 8 | (d) | Exemptions |
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| Step | Time-limit | ||
| (i) | First appeal | (a) | 90 days |
| (ii) | Second appeal | (b) | 30 days |
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| Category | Sub-section | ||
| (i) | National security | (a) | Sec. 8(j) |
| (ii) | Cabinet papers | (b) | Sec. 8(a) |
| (iii) | Personal information violating privacy | (c) | Sec. 8(d) |
| (iv) | Trade secrets / commercial confidence | (d) | Sec. 8(i) |
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- RTI Act 2005 — effective 12 October 2005. Replaced the unimplemented Freedom of Information Act 2002.
- Constitutional basis: Article 19(1)(a).
- Public authority (Sec. 2(h)): authorities established by Constitution / law / notification, including bodies substantially financed by Government.
- Information (Sec. 2(f)): any material in any form.
- Procedure: PIO → respond in 30 days (48 hours for life/liberty); first appeal in 30 days; second appeal in 90 days to CIC / SIC.
- No reasons needed (Sec. 6(2)).
- Sec. 8 exemptions: security, court restrictions, parliamentary privilege, commercial confidence, fiduciary, foreign govt, life endangerment, investigation, cabinet papers, personal privacy.
- Public-interest override (Sec. 8(2)).
- Sec. 4 — suo motu disclosure.
- CIC + max 10 ICs; SIC at State level.
- Penalty (Sec. 20): ₹250/day, max ₹25,000.
- RTI Amendment 2019 — Centre fixes salary, term and conditions of ICs.