87  The RTI Act, 2005: Objectives and main provisions

87.1 Background and Purpose

The Right to Information Act, 2005 is a transformative transparency law that gives every citizen the right to access information held by public authorities. It replaced the earlier Freedom of Information Act 2002 (which had never been notified). The Act received Presidential assent on 15 June 2005 and came into force fully on 12 October 2005. RTI is rooted in Article 19(1)(a) of the Constitution (freedom of speech and expression includes the right to know — S.P. Gupta v Union of India 1981; Raj Narain v UP 1975). It is administered by the Central Information Commission (CIC) at the Union level and State Information Commissions (SICs) at the State level.

87.2 Objectives (Preamble)

TipObjectives of RTI
  • Promote transparency and accountability in the working of every public authority.
  • Contain corruption.
  • Empower citizens with information.
  • Make democracy work for the people in real sense.
  • Harmonise conflicting interests of efficient operation, financial resources, and security.

87.3 Key Definitions

TipRTI Definitions
  • § 2(f) — Information — any material in any form (records, documents, memos, emails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data in electronic form).
  • § 2(h) — Public Authority — any authority/body of self-government established under (a) Constitution, (b) Parliament/State legislation, (c) any other law/notification — includes bodies owned, controlled or substantially financed by appropriate government and non-government organisations substantially financed by Government.
  • § 2(j) — Right to Information — right to inspect, take notes, take certified copies, take samples, obtain information in electronic form.
  • § 2(c) — CPIO / SPIO — Central / State Public Information Officer.
  • § 2(I) — Appellate Authority within the public authority.

87.4 Scope and Application

Applies to the whole of India. Earlier excluded Jammu & Kashmir; after Article 370 abrogation (2019), applies to J&K too. Covers all legislative, executive, judicial bodies (with some exemptions) and includes PSUs, NGOs substantially financed, regulators, etc.

87.5 Suo-Motu Disclosure — § 4

“Every public authority shall maintain all its records duly catalogued and indexed in a manner and form which facilitates the right to information”. 17 items to be proactively published: organisation structure, functions, powers and duties, decision-making procedure, norms for discharging functions, rules, directories of officers and employees, salaries, budget, subsidies, recipients of concessions, public information facilities, particulars of public-private partnerships, and e-governance etc.

87.6 Process of Filing RTI (§§ 6-7)

TipFiling & Reply Timelines
  • Application in writing/electronic; in Hindi/English/Official language; fee ₹10 for Central Government (varies for State); to the CPIO/SPIO of public authority.
  • Reply — within 30 days (47 days max in CPIO not directly holding info).
  • Life & Liberty matters — within 48 hours.
  • Third-party information — within 40 days.
  • Information refused / no reply → appeal.
  • Fees: ₹2 / page; ₹5 inspection > 1 hour; ₹50 floppy; ₹100 CD/DVD; BPL — exempted.

87.7 Appellate Mechanism (§§ 19-20)

TipThree-Tier Appellate Mechanism
  • First Appeal — to officer senior to CPIO/SPIO; within 30 days of denial/deemed denial; decided within 30-45 days.
  • Second Appeal — to Central Information Commission (CIC) / State Information Commission (SIC); within 90 days.
  • Penalty — CIC/SIC may impose penalty of ₹250/day, max ₹25,000 on CPIO for unjustified delay; also disciplinary action.

87.8 Information Commissions

TipCIC and SIC
  • CIC — Chief Information Commissioner + up to 10 Information Commissioners.
  • Appointed by the President on recommendation of a committee (PM as Chair, Leader of Opposition, Cabinet Minister nominated by PM).
  • Tenure & service: amended by RTI (Amendment) Act 2019 — Central Govt determines tenure (earlier fixed 5 yrs or 65 yrs), salary and conditions; 5-year cap removed for CIC/SIC.
  • Powers: powers of a civil court — summons, examine on oath, requisition records, etc.

87.9 Exemptions — § 8 (10 grounds)

Tip§ 8 Exemptions from Disclosure
  • (a) Sovereignty, security, strategic, scientific or economic interest.
  • (b) Contempt of court — express prohibition.
  • (c) Breach of privilege of Parliament/Legislature.
  • (d) Commercial confidence, trade secrets, IP (unless larger public interest justifies disclosure).
  • (e) Information held in fiduciary capacity.
  • (f) Information received in confidence from a foreign government.
  • (g) Endangerment to physical safety of a person.
  • (h) Impeding investigation / prosecution.
  • (i) Cabinet papers (released after decision is taken).
  • (j) Personal information with no public interest (privacy).

87.9.2 § 24 — Excluded Organisations

Second Schedule lists 26 intelligence/security organisations exempted (RAW, IB, NTRO, BSF, CRPF, etc.). But information regarding allegations of corruption / human rights violations is NOT exempted (proviso).

87.10 Public-Interest Override

§ 8(2): Notwithstanding the Official Secrets Act 1923 or any exemption above, a public authority may allow access if public interest in disclosure outweighs harm to protected interests.

87.11 Penalties (§ 20)

For malafide refusal, delay, false information, destruction of records — penalty up to ₹25,000 and disciplinary action recommended.

87.12 Major Landmark RTI Decisions

TipNotable Cases / Episodes
  • S.P. Gupta v Union of India 1981 — judicial recognition of right to know.
  • People’s Union for Civil Liberties (PUCL) v UoI 2003 — voter right to candidate info (Form 26).
  • CIC orders on PM’s office, Supreme Court Judges’ assets, PMO files.
  • Subhash Chandra Agrawal v CPIO Supreme Court (2019) — CJI is under RTI.
  • 2019 Amendment — controversial change in service conditions of ICs.

flowchart TB
  R[RTI Act 2005] --> Ob[Objective<br/>Transparency · Accountability]
  R --> S[Suo-motu §4<br/>17 items]
  R --> P[Process §§6-7<br/>30 days · 48 hrs life]
  R --> A[Appeals §§19-20<br/>FAA · CIC/SIC · ₹25,000 penalty]
  R --> E[Exemptions §§8, 9, 24<br/>10 grounds + 2nd Schedule]
    classDef default fill:#003366,color:#ffffff,stroke:#ffcc00,stroke-width:3px,rx:10px,ry:10px;

NoteDistractor warning

PYQ trap: RTI Act assent 15 June 2005; effective 12 Oct 2005. Response time 30 days; life-liberty 48 hours; third-party 40 days. Penalty ₹250/day, max ₹25,000. §8 has 10 exemptions; §24 — Second Schedule security agencies.

87.13 Practice Questions

Q 01YearEasy

RTI Act came into force on:

  • A15 June 2005
  • B12 October 2005
  • C1 January 2006
  • D26 January 2005
View solution
Correct Option: B
**12 October 2005** in force; assent 15 June 2005.
Q 02TimeEasy

Standard response time for RTI:

  • A15 days
  • B30 days
  • C45 days
  • D60 days
View solution
Correct Option: B
**30 days**.
Q 03LifeMedium

For matters affecting life or liberty, info must be furnished within:

  • A24 hours
  • B48 hours
  • C7 days
  • D15 days
View solution
Correct Option: B
**48 hours**.
Q 04PenaltyMedium

Max penalty on PIO for delay/wrong info:

  • A₹5,000
  • B₹10,000
  • C₹25,000
  • D₹50,000
View solution
Correct Option: C
**₹250/day, max ₹25,000** (§ 20).
Q 05FeeEasy

Central Govt RTI application fee:

  • A₹10
  • B₹50
  • C₹100
  • D₹500
View solution
Correct Option: A
**₹10**; BPL exempt.
Q 06CICMedium

Chief Information Commissioner is appointed by:

  • ACJI
  • BPM-led committee, by President
  • CParliament
  • DCabinet Secretary
View solution
Correct Option: B
**By President on recommendation of PM-led committee** (PM + LoP + Cabinet Minister).
Q 07§4Hard

Suo-motu disclosure obligation is in:

  • A§ 4
  • B§ 6
  • C§ 8
  • D§ 19
View solution
Correct Option: A
**§ 4** — 17 items proactively disclosed.
Q 08ExemptMedium

Exemptions from disclosure are in:

  • A§ 4
  • B§ 6
  • C§ 8
  • D§ 19
View solution
Correct Option: C
**§ 8** (with §9 copyright; §24 security agencies).
Q 092019Hard

RTI Amendment Act 2019 affected:

  • AExemptions
  • BTenure & service conditions of ICs
  • CFee
  • DSuo-motu §4
View solution
Correct Option: B
**Govt empowered to decide tenure/salary**, earlier fixed.
Q 10Second SchHard

Security/intelligence agencies exempted under:

  • A§ 24 (Second Schedule)
  • B§ 8
  • C§ 9
  • D§ 4
View solution
Correct Option: A
**§ 24** — 26 organisations excluded.
Q 11ThirdMedium

Third-party information must be furnished within:

  • A25 days
  • B30 days
  • C40 days
  • D60 days
View solution
Correct Option: C
**40 days** (after consultation with TP).
Q 12First appealMedium

First appeal must be filed within:

  • A15 days
  • B30 days
  • C60 days
  • D90 days
View solution
Correct Option: B
**30 days** of denial.
Q 13Second appealMedium

Second appeal to CIC/SIC must be filed within:

  • A30 days
  • B60 days
  • C90 days
  • D180 days
View solution
Correct Option: C
**90 days**.
Q 14Public AuthMedium

Definition of public authority is in:

  • A§ 2(f)
  • B§ 2(h)
  • C§ 2(j)
  • D§ 2(c)
View solution
Correct Option: B
**§ 2(h)**.
Q 15PredecessorHard

RTI 2005 replaced:

  • AInformation Act 1923
  • BFreedom of Information Act 2002
  • COfficial Secrets Act 1923
  • DWhistle-blowers Act
View solution
Correct Option: B
**FOI Act 2002** (never notified).
Q 16ArticleMedium

RTI is judicially traced to which Article?

  • AArt 19(1)(a)
  • BArt 21
  • CArt 14
  • DArt 32
View solution
Correct Option: A
**Art 19(1)(a)** — freedom of speech includes right to know.
Q 17CJIHard

CJI's office was held to be under RTI in:

  • ASubhash Chandra Agrawal v CPIO SC (2019)
  • BShreya Singhal
  • CPuttaswamy
  • DVishaka
View solution
Correct Option: A
**Subhash Chandra Agrawal 2019** — Supreme Court Constitution Bench.
Q 18PUCLHard

"Right to know candidates' background" was upheld in:

  • APUCL v UoI 2003
  • BSP Gupta
  • CRaj Narain
  • DADM Jabalpur
View solution
Correct Option: A
**PUCL 2003** — affidavit Form 26.
Q 1910Hard

Number of exemptions in § 8(1):

  • A5
  • B8
  • C10
  • D15
View solution
Correct Option: C
**10 grounds** in §8(1)(a)-(j).
Q 20MatchMedium

Match section with provision:

Section Provision
(i) § 4 (a) Exemptions
(ii) § 6 (b) Penalty
(iii) § 8 (c) Suo-motu
(iv) § 20 (d) Application
  • A(i)-(c), (ii)-(d), (iii)-(a), (iv)-(b)
  • B(i)-(a), (ii)-(b), (iii)-(c), (iv)-(d)
  • C(i)-(b), (ii)-(a), (iii)-(d), (iv)-(c)
  • D(i)-(d), (ii)-(c), (iii)-(b), (iv)-(a)
View solution
Correct Option: A
4-Suo-motu, 6-Application, 8-Exemptions, 20-Penalty.

87.14 Quick Recall

ImportantQuick recall
  • Assent 15 June 2005; effective 12 Oct 2005; replaced FOI 2002.
  • Suo-motu §4 — 17 items proactively published.
  • Application §6 — fee ₹10; written/electronic; in any official language.
  • Reply §7 — 30 days; 48 hrs life/liberty; 40 days for TP info.
  • Appeals: 1st (30 d) → 2nd to CIC/SIC (90 d). Penalty ₹250/day, max ₹25,000 (§20).
  • Exemptions — §8 (10 grounds); §9 copyright; §24 Second Schedule (26 security agencies; corruption/HR violations not exempt).
  • Public interest override §8(2).
  • CIC — PM + LoP + Cabinet Minister committee, appointed by President; RTI Amendment 2019 changed tenure/salary.
  • Roots: Art 19(1)(a); SP Gupta 1981, Raj Narain 1975, PUCL 2003, Subhash Chandra Agrawal 2019.