Right To Information Act, 2005: Preliminary

RIGHT TO INFORMATION ACT, 2005
Preliminary
Short Title, Extent and Commencement
1. This Act may be called the Right to Information Act, 2005.
2. It extends to the whole of India except the State of Jammu and Kashmir.
3. This Act came into force on the 12th October, 2005.
India is a democratic country and democracy requires informed citizenry and transparency
of information which are vital to its functioning and also to contain corruption and to hold
Governments and their instrumentaries accountable to the governed. The right to
information is implicitly guaranteed by the Constitution. However, with a view to set out a
practical regime for securing information, the Indian Parliament enacted the Right to
Information Act, 2005 and thus gave a powerful tool to the citizens to get information from
the Government as a matter of right. The law is very comprehensive and covers almost all
matters of governance and has the widest possible reach being applicable to Government at
all levels – Union, State and Local as well as recipients of government grants. The Act
mandates to provide information available with the Government in a time-bound manner by
charging a certain fee, barring the one covered under section 8, 9, 11, 24 which provide for
some exceptions.
The Right to Information Bill was introduced in the Lok Sabha in December 2004. It was
passed by both houses of Parliament with major amendments in May 2005. The assent of
the President was received on June 15 and the Act was notified in the Gazette on June 21.
The law will become operational by mid-October 2005.
This law was passed by Parliament to enable citizens to exercise their fundamental right to
information held by public authorities all over the country (except Jammu and Kashmir).
The RTI Act aims to bring about transparency in the functioning of public autorities, contain
corruption and hold Governments and their instrumentalities accountable to people. It
creates a process for providing information to people. The RTI Act places a duty on officers
to provide information to people both proactively and upon request. It provides for a two-
tier appeals mechanism to deal with complaints of unreasonable denial of information by
public authorities. This law will have an overriding effect vis-vis the Official Secrets Act,
1923 and all other laws and orders passed by Governments that restrict information flow to
people.
Geographical: Covers all of India except Jammu and Kashmir (Jammu and Kashmir passed
its own Freedom of Information Act in 2004)
Jurisdictional: Covers offices of Public Authorities established, owned or substantially
financed by the Central Government, the State Governments and the Administration of the
Union Territories (will include, Panchayats, municipalities and other local bodies). Any body
owned, controlled or substantially financially by these governments is also included. This
law will be applicable to all non-government organisations substantially financed directly or
indirectly by these governments.
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Other Bodies: Information relating to a private body that can be accessed by a public
authority under any law in force is also covered by the RTI Act.
Meaning of Right to Information

Right to Information means the statutory right of a citizen of India to seek information from
Government and Public Sector offices, institutions and non-government organizations which
are situated in India and are owned, controlled or substantially financed by funds provided
directly or indirectly by the Central Government or State Government, regarding their
functions and activities. It also includes the right to –
I. Inspect works, documents, records,
II. Take notes, extracts or certified copies of documents or records,
III.Take certified samples of material,
IV. Obtain information in the form of disketters floppies, tapes, video cassettes or in any
other electronic mode or through printouts where such information is stored in a computer
or in any other device.
Objectives of Right to Information Act
The basic objective of Right to Information Act is to empower the citizens promote
transparency and accountability in the working of the Government, contain corruption and
make the democracy work for the people in real sense. Thus, this Act was passed with the
following objectives:
1. To provide for setting out practical regime of right to Information for citizens to secure
access to Information under the control of public authorities.
2. To promote transparency accountability in the working of every public authority.
3. To set up Central Information Commission and State Information Commission for the
matters concerned therewith.
4. To contain corruption and to hold governments and their instrumentalities accountable
to the governed.
5. To harmonise revelation of information with public interests including efficient operations
of the governments, optimum use of limited fiscal resources and the preservation of
confidentiality of sensitized information.
Procedure to be followed by Commission in Appeal
The Information Commission may initiate an enquiry where it is satisfied that there are
reasonable grounds to inquire into the matter. The Information Commission while enquiring
into any matter have the same powers as are vested in a civil court while trying a suit
under the code of Civil Procedure, 1908, in respect of the following matters:
1. Summoning and enforcing the attendance of persons and compel them to give oral or
written evidence on both and to produce the documents or things.
2. Requiring the discovery and inspection of documents.
3. Receiving evidence on affidavit.
4. Requisitioning any public record or copies thereof from any court or office.
5. Issuing summons for examination of witnesses or documents, and
6. Any other matter which may be prescribed.
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The Information Commission may during the enquiry of any complaint under this Act,
examine any record to which this act applies which is under the control of the public
authority and no such record may be withheld from it on any grounds.
Non-disclosure of information
Section- 8 (1): Notwithstanding anything contained in this Act, there shall be no obligation
to give any citizen,
(i) 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;
(ii) 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;
(iii) Information, the disclosure of which would cause a breach of privilege of Parliament or
the State Legislature;
(iv) Information including commercial confidence, 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;
(v) 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;
(vi) Information received in confidence from foreign Government;
(vii) 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;
(viii) Information which would impede the process of investigation or apprehension or
prosecution of offenders;
(ix) Cabinet papers including records of deliberations of the Council of Ministers, Secretaries
and other officers.
Provided that the decisions of Council of Ministers, the reasons thereof, and the material on
the basis of which the decisions were taken shall be made public after the decision has been
taken, and the matter is complete, or over.
Those matters which come under the exemptions specified in this section shall not be
disclosed.
(x) Information which relates to personal information and 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 unless the Central Public Information Officer or the State Public
Information Officer or the Appellate Authority, as the case may be, is satisfied that the
larger public interest justifies the disclosure of such information.
The information which cannot be denied to the Parliament or a State Legislature shall not be
denied to any person.
Who is excluded?
3
Central Intelligence agencies and security agencies like the IB, RAW, Directorate of Revenue
Intelligence, Central Economic Intelligence Bureau, Enforcement Directorate, Narcotics
Control Bureau, Aviation Research Centre, Special Frontier Force, BSF, CRPF, ITBP, CISF,
NSG, Assam Rifles, Special Service Bureau, CID Special Branch of Andaman and Nicobar
Islands, CID Crime Branch of Dadra Nagar Haveli and Special Branch, Lakshadweep Police.
Similar agencies established by the State Governments will also be included.
But information relating to corruption and human rights must be given but only with the
approval of the Central or State Information Commission ñ as the case may be.
Time bar on information covered by exemptions
Upon completion of 20 years, information about any occurrence, event or matter will be
given irrespective of exemptions. But information relating to sovereignty, integrity, security,
strategic, scientific and economic interests, information which would lead to incitement to
commit an offence, Cabinet papers including records of deliberations of the Council of
Ministers, Secretaries and other officers and matters relating to the privileges and
immunities of legislators and MPs will not be given even after 20 years. Decision of the
Central Government is final as regards computation of the time period.
Penalty Provisions: Section 20
Every PIO will be liable for fine of Rs. 250 per day up to a maximum of Rs. 25,000/- for
i) not accepting an application;
ii) delaying information release without reasonable cause;
iii) malafidely denying information;
iv) knowingly giving incomplete, incorrect, misleading information;
v) destroying information that has been requested and
vi) obstructing furnishing of information in any manner.
The Information Commission (IC) at the Centre and the State levels will have the power to
impose this penalty. The Information Commission can also recommend disciplinary action
for persistent violation of the law against an erring PIO.
Jurisdiction of Courts: Section 21
Courts are barred from entertaining suits or applications against any order made under this
Act except by way of an appeal. Appeals will lie only in the High Court and the Supreme
Court as this is an enabling law for exercising a fundamental right.
2004- Congress Govt. (Manmohan Singh) UPA Govt.

ꜜ ꜜ
2014 Biggest Achivement
4
Data
11th May
2005
12th May
2005
15th June
2005
12th Oct.
2005
5
Act
Empower
Indian
Citizen
Information
Public
Authority
Objective
Transparency Accountabiltiy
RTI: An information held under P.A. include

Right to Inspection → Work, Record
Right to taking Notes → Extract copies.
Right to information → Disk, floppy, videos.
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2005 RTI
Before 2005
Constitution of
India
Article 19(a) Article 21
Right to freedom
of speech & Right to Life
Expression
Right to Receive
Right to know
Information
7
RTI
Sec. 3 Sec 5 Sec. 6 Sec. 7 Sec. 8
Manner of
Right to officers under Disposal of Exempted
Filling
whom RTI Request Information
Application
Sec 3 : RTI file right: Available to citizen of India.
Sec 5: APIO + PIO (Public Information office)
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5. ANSWER SHEET
1. APPLICATION FOR COPY OF ANSWER

SHEET
STUDENT UGC-NTA
2. NO RESPONSE
4. ORDER
APIO
3. R.T.I FILE
OR
PIO
9
Sec 6: Manner of Filling RTI/Manner of making Application to APIO & PIO
Person Seeking information APIO/PIO
1. Application
+
2. Fee Rs.10
+
3. Particulars
Hand written
Or
Typed
10
Disposal of Application/
Disposal of Request
APIO Max. 35 Days
PIO Max
30 Days
Life
Related: 48
Third Party (Other than Citizen of India)

Max 40 Days Reply
11
Section
Sec 20 Sec 23
Sec 19 Sec 26
Appeal Penalty on No Juridiction to
Role of CG & SG
PIO/APIO lower Court
H/C S/C
Againt State Inf. Againt CentredInf.
commission commission
12
Sec 19:- Appeal
Person
APIO
PIO
Information
Commission
13
Application Reject
ꜜ
Non Acceptance
Application Reject
without reason
When/Why Misleading inf. or

wrong info. or
incomplete
information
Destroy info.
Penalty on
PIO/APIO
Obstract of flow of
information
Rs. 250/day to the

max of Rs. 25000
How Much
ꜜ
100 days तक
14
Dissemination of
Information
Related
User Guide
Sec. 26: Role of PIO Details

Govt.
Awareness
Program
Instruct Public
Authority
officer training
15
What does the Right to Information (Amendment) Bill, 2019 propose?
The Bill changes the terms and conditions of service of the CIC and Information Commissioners at the
centre and in states. Table 1 below compares the provisions of the Act and the Bill.
Table 1: Comparison of the provisions of the Right to Information Act, 2005 and the Right to
Information (Amendment) Bill, 2019
Provision RTI Act, 2005 RTI (Amendment) Bill, 2019
Term The Chief Information Commissioner The Bill removes this provision
(CIC) and Information Commissioners and states that the central
(ICs) (at the central and state level) will government will notify the term
hold office for a term of five years. of office for the CIC and the ICs.
Quantum The salary of the CIC and ICs (at the
of Salary central level) will be equivalent to the
The Bill removes these provisions
salary paid to the Chief Election
and states that the salaries,
Commissioner and Election
allowances, and other terms and
Commissioners, respectively.
conditions of service of the
Similarly, the salary of the CIC and ICs central and state CIC and ICs will
(at the state level) will be equivalent to be determined by the central
the salary paid to the Election government.
Commissioners and the Chief Secretary
to the state government, respectively.
Deductions The Act states that at the time of the
in Salary appointment of the CIC and ICs (at the
central and state level), if they are
receiving pension or any other
retirement benefits for previous
The Bill removes these
government service, their salaries will
provisions.
be reduced by an amount equal to the
pension.
Previous government service includes
service under: (i) the central
government, (ii) state government, (iii)
corporation established under a central
or state law, and (iv) company owned
or controlled by the central or state
government.
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RIGHT TO INFORMATION ACT, 2005

Meaning of Right to Information

2004- Congress Govt. (Manmohan Singh) UPA Govt.

RTI: An information held under P.A. include

Article 19(a) Article 21

Sec. 3 Sec 5 Sec. 6 Sec. 7 Sec. 8

Sec 3 : RTI file right: Available to citizen of India.

Sec 5: APIO + PIO (Public Information office)

1. APPLICATION FOR COPY OF ANSWER

Person Seeking information APIO/PIO

APIO Max. 35 Days

Third Party (Other than Citizen of India)

When/Why Misleading inf. or

Rs. 250/day to the

Sec. 26: Role of PIO Details

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