Professional Documents
Culture Documents
Exemptions under RTI Act: S.8: Exemption from disclosure of certain Info. (i) S.8(1):
Info. that would prejudicially affect sovereignty, integrity, security, strategic, scientific,
or economic interests of d country. CASE:Adarsh Cooperative Housing Society Ltd. v.
Union of India-S.8(1) upheld d exemption of Info. that could prejudice d country's
sovereignty, integrity, security, strategic, scientific, or economic interests. 2-S.8 (ii):
Info. that has been expressly forbidden to be published by a court of law or tribunal
CASE: Sahara India Real Estate Corporation Ltd. v. SEBI upheld S. 8(2) of d RTI Act,
emphasizing d need to balance right to Info. with court orders prohibiting
publication.iii)-S.8(3): Info. received in confidence from foreign governments. CASE:
R. K. Jain v. Union of India: S.8(3) exempts Info. received from foreign governments.
Upheld by SC. 4-S.8(iv):Trade secrets, commercial confidence, or intellectual property.
CASE: R. Balakrishnan Pillai v. Kerala State Road Transport Corporation, S.8(4) of d
RTI Act safeguards trade secrets, commercial confidence,& intellectual property rights.
(v)S.9: Disclosure of Info. affecting copyright& intellectual property rights. CASE:
University of Delhi v. Info. Commissioner, S.9 of d RTI Act protects d disclosure of
Info. that may affect copyright& intellectual property rights.(vi)S.11:Third-party Info..
6a-S.11(1): Info. provided by a third party& treated as confidential. 6b-S.11(2): Giving
d third party an opportunity to make submissions against disclosure. CASE: Girish
Ramchandra Deshpande v. Central Info. Commission & Ors., S.11 of d RTI Act ensures
d protection of third-party Info.& provides an opportunity for d third party to make
submissions against its disclosure.(vii)S.24:Exemption of certain org. fromRTI Act's
application: Intelligence& security organizations specified in Second Schedule of Act.
CASE: Union of India v. Association for Democratic Reforms (ADR) & Anr., S.24 of
RTI Act exempts certain intelligence& security organizations specified in d Second
Schedule from its application, ensuring d protection of sensitive Info. related to national
security. Note: RTI Act provides certain exemptions for disclosure of Info.toprotect
national security, commercial interests, intellectual property rights &3rd-party
confidentiality. It also exempts certain intelligence& security organizations from its
application.
Central Info.Commission: statutory body est. under RTI, serves as the highest
appellate authority for matters related to the right to information. CIC
Cases decided Hon. S.C. on RTI: RTI A has been subject to several landmark
judgments by d HonorableS.C.of India, which have significantly shaped d
interpretation& implementation of d Act. Some of d leading cases are: 1. St.of
U.P. v. Raj Narain, 1975: Although predating RTI Act, this case is often cited as
a foundation for d right to Info.. dS.C.held that citizens have a right to know
about d affairs of d government, emphasizing d importance of transparency in a
democratic society. 2. CBSE v. Aditya Bandopadhyay 2011: S.C. clarified that
examination answer sheets fall under d definition of "information" under d RTI
Act. d judgment emphasized d public's right to access evaluated answer sheets,
promoting transp.& fairness in evaluation process.3.Chief Info. Commissioner v.
St.ofManipur2012:This case dealt with d issue of appointment& tenure of Info.
Commissioners. D S.C.held that d tenure of Info. Commissioners at d central&
state levels should be fixed for a term of five years or until d age of 65,
whichever is earlier. This judgment ensured independence& stability in d
functioning of Info. Commissions. 4.Union of India v. Association for
Democratic Reforms2002: This case addressed d disclosure of criminal
antecedents& financial details of candidates contesting elections. dS.C.ruled that
voters have d right to know about d background& assets of candidates, leading to
increased transparency in d electoral process. 5. St.of Pnjb v. S.K.
Sharma2016:S.C. clarified scope ofSec.24 of RTI A, which exempts certain
intelligence& security organizations from purview of Act. Court held that
exemption would apply only to organizations directly involved in intelligence
gathering& not to organizations engaged in other administrative or regulatory
functions. 6.Central Public Info. Officer, S.C.of India v.Subhash Chandra
Agarwal2019:dealt with disclosure of Info.Related2 appoint. of judges. of
S.C.reiterated importance of judicial transparency& held that RTI Act applies to
judiciary, subject 2certain limitations to safeguard judicial independence
Third-Party Info:Under RTI A, 3-prty Info. is addressed. Ley points regarding third
party Info.& its availability: 1. Definition: Third party Info. is defined underSec.2(n) of
d RTI Act as any Info. that is held by a public auth. but has been provided by a third
party.
2.Availability: Yes, third party Info. can be obtained under d RTI Act, subject to certain
conditions& grounds for disclosure. 3.Grounds for Disclosure: S.11 RTI A outlines d
grounds for disclosing third party Info.. These grounds include: a. Consent of d third
party: If d third party gives written consent for d disclosure of their Info., it can be
provided underSec.11(1) of d Act. b. Opportunity to be heard: d PIO must give d third
party a reasonable opportunity to make representations against d disclosure of their Info.
underSec.11(2) of d Act. c. Public interest: If d PIO determines that there is an
overriding public interest in disclosing d third party Info., it can be provided
underSec.11(3) of d Act. 4.Procedure: When an RTI application seeks third party Info.,
d PIO is required to follow d procedure outlined inSec.11 of d Act. This includes
issuing notice to d third party, providing them with an opportunity to present their
case,& considering their objections before making a decision on disclosure.
5.Confidentiality: d RTI Act emphasizes maintaining d confidentiality of third party
Info.,& d PIO is obligated to take necessary measures to protect d interests of d third
party while balancing d right to Info. of d applicant. *It is important to note that while
third party Info. can be obtained under d RTI Act, d disclosure is subject to d
provisions& grounds mentioned above. d Act aims to strike a balance between
transparency& protecting d rights& interests of third parties, ensuring that d Info.
sought is disclosed in a manner that respects privacy& confidentiality.*Immunities of
Journalists in legal reporting: derived from principles of freedom of press& d fair
reporting of court proceedings; Journalists enjoy privileges such as protection of
sources, fair reporting of proceedings,& freedom from contempt of court charges; These
immunities enable journalists to perform their professional duties effectively&
contribute to transparency in legal proceedings.
Right to know: is a Fundamental Right under Ind.Const. Now secrecy is an exception&
Info. is d general rule" can be explained with d help of decided cases. Here are d key
points: 1.Fundamental Right: right to Info. is derived from d fundamental right to
freedom of speech& expression guaranteed under Article 19(1)(a) of d Indian
Constitution. 2. Secrecy as an Exception : d general principle is that Info. should be
accessible to d public,& any restriction on this right must be justified. Secrecy or
withholding of Info. is considered an exception& should be limited to specific
circumstances. 3.Decided Cases: Several cases have emphasized d importance of d right
to Info.. Notable cases include: a. *St.of U.P. v. Raj Narain (1975)*: dS.C.held that
citizens have a right to know about d activities of public Auth.,& this right is essential
for a functioning democracy. b. *Secretary, Ministry of Info. & Broadcasting v. Cricket
Association of Bengal (1995)*: d court held that d right to Info. is an integral part of d
freedom of speech& expression,& it includes d right to know d functioning of
Gov.departments. c. *CBSEv. Aditya Bandopadhyay (2011)*: dS.C.emphasized that d
right to Info. is a constitutional right,& public Auth.have a duty to provide Info. unless
it falls within d exceptions prescribed by law. 4. Balancing Test: d courts have
recognized that while d right to Info. is important, it must be balanced with other
considerations such as national security, privacy,& protection of confidential Info..5.
Transparency& Accountability: right to Info. promotes transparency& accountability in
governance, enabling citizens to participate in decision-making processes& hold public
Auth.accountable. Conclusion: d right to know is considered a fundamental right under
d Indian Constitution, with secrecy being an exception. d courts have consistently
emphasized d significance of this right& its role in ensuring transparency&
accountability in governance. Decided cases have further clarified d scope& importance
of d right to Info., affirming that it is d general rule& any restriction on access to Info.
should be justified.
Fundamental Right to Freedom
of Speech& Expression
(Article 19(1)(a))
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Right to Know Secrecy as Exception
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Transparency Access to Restrictions and
& Accountability Info. Exceptions under Law
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| Decided Cases
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| Importance of Balancing Test
Right to Info. & Public Interest
*Voter's Right to Know: refers to d entitlement of citizens to have access to Info. about
political candidates, their backgrounds, qualifications,& their policy positions;- It
enables voters to make informed decisions during elections& enhances d democratic
process;-While there is no specific provision in d Indian Constitution regarding d voter's
right to know, it is closely linked to d fundamental rights of freedom of speech&
expression (Article 19)& d right to Info. (Article 19(1)(a)).**Role of Civil
Society:refers to d collective action of citizens& organizations outside of d Gov.that
work towards promoting social& political change; Civil society plays a crucial role in a
democracy by advocating for d rights& interests of citizens, monitoring Gov.actions,&
providing a platform for public participation;-It acts as a watchdog, promoting
transparency, accountability,& good governance in society.
State Information Commission:est under RTIA at state level to ensure implementation &
enforcement of Act. S.15: Constitution of State Information Commission; S.16:
Appointment of Chief Information Commissioner and Information Commissioners;
S.17: Qualifications and terms of office; S.18: Functions and powers of the State
Information Commission; S.20: Removal of Chief Information Commissioner and
Information Commissioners. Composition: Consists of a Chief Information
Commissioner and Information Commissioners. *Appointment: Appointed by the
Governor on the recommendation of committee comprising C.M., Leader of Opposition
in the Legislative Assembly, and a Cabinet Minister nominated by the Chief Minister..
*Qualifications: Commissioners must have relevant knowledge and experience in law,
journalism, public administration, social service, or management. *Term of Office: Five
years or until the age of 65, not eligible for reappointment. Functions: 1-Adjudication of
Appeals and Complaints; 2- Investigation of Non-compliance Complaints; 3-Guiding
Public Authorities; 4-Monitoring Implementation; 5-Promotion of Transparency and
Accountability *Removal of Chief Commissioner: Grounds of misbehavior or
incapacity, similar to a judge's removal *Removal Grounds: 1-Action by the President;
2- Reference by the Governor or Legislative Assembly *Removal Process: 1:Inquiry by
the Supreme Court; 2: Decision by the President. **Scope of Decisions by Commission
in RTI Appeals (Section 19): S19 of RTI Act deals with appeal process for rejected
requests.
- Commission's decisions cover: - Granting access to information - Rejecting appeals
- Imposing penalties on non-compliant authorities - Directing proactive disclosure-
Commission must provide reasons for decisions.- Appeals must be filed within 90
days.- Commission has power to summon witnesses and examine evidence.- Timely
disposal of appeals expected. - Commission's decisions are binding on authorities. -
Aims to uphold transparency and accountability.
(a) Info.:
-Sec.2(f) of d Right to Info. Act, 2005 defines Info. as any material in any form, including records, Docs.,
memos, emails, opinions, etc.
- Info. is accessible to citizens under d Act, subject to certain exceptions& conditions.
- It plays a crucial role in promoting transparency, accountability,& good governance.
(b) Records:
-Sec.2(i) of d Right to Info. Act, 2005 defines records as any document, manuscript, file, microfilm, or
any other material where Info. is recorded, preserved, or stored.
- Records are essential for documenting decisions, actions, policies,& transactions of public Auth..
- d Act emphasizes d maintenance& easy accessibility of records by public Auth..
Ques. 1. Objective, Scope, and Nature of RTI Act. Critically analyze the contribution of this law towards
achieving these objectives.
Ques:2: Exemptions under RTI Act. Which categories of information are exempted from disclosure under
RTI Act?
Ques.3. (a) Explain privilege to withhold documents and the law in India. Discuss it in the context of (i)
the Official Secret Act, 1923 (ii) Indian Evidence Act, 1872.
Ques.3. (b) In what situations is the Government allowed to withhold disclosure of documents? Discuss
this privilege with special reference to England and USA.
Ques.4: Explain the Powers and functions of Central Information Commission under RTI Act, 2005.
Ques.5: What do you understand by the disposal of information requests? Describe the procedure
followed under the Right to Information Act for the disposal of requested information.
Ques.8. Explain third party information under the RTI Act. Can we get third party information? What are
grounds, discuss it?
Ques.9 Right to know is a Fundamental Right under Indian Constitution. Now Secrecy is an exception
and information is the general rule. Explain the above statement with the help of decided cases.
Diagram:
Fundamental Right to Freedom
of Speech and Expression
(Article 19(1)(a))
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Right to Know Secrecy as Exception
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Transparency Access to Restrictions and
and Accountability Information Exceptions under Law
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| Decided Cases |
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| Importance of Balancing Test
Right to Information and Public Interest
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